Question
An accused person is detained in police custody for
investigation of a cognizable offence. After 24 hours, the police officer desires to continue the detention. Under which section of the Bharatiya Nagarik Suraksha Sanhita, 2023 must the police officer obtain permission from the Magistrate for extended police custody?Solution
Section 187 of BNSS, 2023 deals with "Procedure when investigation cannot be completed in twenty-four hours". The section provides the framework for police custody extension beyond 24 hours. Section 187 allows a maximum of 15 days police custody, which can be spread over 40 days (for offences punishable up to 7 years) or 60 days (for offences punishable with 10 or more years). The Magistrate must be satisfied of the need for further custody and must pass an order authorizing such detention. Section 58 deals with the initial 24-hour detention limit, but Section 187 governs the procedure for extending custody beyond 24 hours.
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