Question
Consider the following statements regarding police
custody under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023: Statement 1: Police custody can be extended up to a maximum of 15 days at a stretch without requiring Magistrate approval. Statement 2: The 15 days of police custody can be spread across 60 days in cases where the offence is punishable with 10 or more years of imprisonment. Statement 3: Every time the police officer seeks to extend police custody, the Magistrate must be satisfied that there is necessity for such extension. Statement 4: Police custody can be granted continuously without any judicial scrutiny if the case involves a serious offence. Which statements are correct?Solution
Section 187 of BNSS, 2023 provides that the maximum police custody is 15 days, which can be spread over 60 days (for offences punishable with 10 or more years) or 40 days (for other offences). Statement 2 is correct. Statement 3 is correct—Section 187 requires that the Magistrate be satisfied of the necessity for police custody at each stage. Statement 1 is incorrect because the 15 days cannot be taken continuously; it must be spread and authorized in parts by the Magistrate. Statement 4 is incorrect because judicial scrutiny is mandatory; every police custody requires Magistrate approval and satisfaction of necessity. Statements 2 and 3 are correct.
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