- Bharatiya Nagarik Suraksha Sanhita, 2023, replaced the Criminal Procedure Code, 1973 (CrPC).
- The CrPC provided for the procedure for arrest, prosecution, and bail.
- The IC and CrPC prohibit detention in police custody beyond 24 hours, extendable up to 15 days if the investigation cannot be completed within 24 hours. Magistrate may extend judicial custody beyond 15 days if he is satisfied that adequate grounds exist.
- However, detention cannot exceed 60 or 90 days (depending on the offence).
- The BNSS modifies this procedure and adds that the police custody of 15 days can be authorised in whole or in parts at any time during the initial 40 or 60 days out of the 60 or 90 days period.
- The BNSS does not require the investigating officer to provide reasons when seeking police custody for someone in judicial custody.
- This could lead to bail being denied during this period if the police argue they must take the person back in police custody.
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