Police Custody: No Restriction in BNSS
by Debashish Kar*
Section 187 BNSS
Section 38 BNSS Confers Right to Meet, Not Continuous Presence of Advocate During Interrogation: SC Modifies Police Custody Conditions
The Court modified the impugned condition and directed that an advocate would be permitted to remain at a place from where he could see the respondent but would not be permitted to intervene in the investigation “at any cost”.
Right to default bail accrues on accused if charge-sheet not filed within stipulated time: Madhya Pradesh High Court
The Court remarked the trial Judge did not spare any time to peruse/follow the settled and binding legal position and, on extraneous reasons, dismissed the application for grant of default bail, despite accrual of an indefeasible right to the accused due to non-filing of charge-sheet within the stipulated period.
Medical bail cannot be curtailed without misuse of liberty; only actual custody counts for remand under S. 187 BNSS: Delhi High Court
The Court held that only the period of actual custody undergone by an accused can be considered while computing the permissible period for police custody or statutory bail, and the duration during which an accused remains on interim bail cannot be counted as detention.
Magistrate’s ‘seen’ remark, without reasoned order, insufficient: Bombay HC grants default bail for delay in filing chargesheet under S. 187 BNSS
“The provision of Section 187(3) BNSS were mandatory in nature and any slightest departure with the statutory mandate had impact of impairing the constitutional right of liberty of an individual although facing the accusations.”
‘Magistrate may ascertain arrestee’s condition through video conferencing or personal visit’: Gauhati HC grants bail to hospitalised arrestee not produced in 24 hours
‘Unless an order of remand under Section 187of the BNSS is passed, the initial arrest of the arrestee beyond the period of 24 hours from the time of his arrest will become illegal.’