According to the Bharatiya Nagarik Suraksha Sanhita (BNSS), what is the maximum total duration for which an individual can be kept in police custody, including all remand extensions approved by a magistrate?
Show answer & explanation
Correct answer: B
Explanation
The correct answer is option 2 i.e. 15 days.
The maximum total duration an individual can be kept in police custody under the Bharatiya Nagarik Suraksha Sanhita (BNSS) remains 15 days.
While the total period of police custody is capped at 15 days, the BNSS introduces a significant change in how this period can be utilized, compared to the previous law (CrPC):
- The 15 days of police custody do not need to be continuous or taken within the first 15 days of remand.
- It can be authorized by the Magistrate, in whole or in parts, at any time during the initial 40 days or 60 days of judicial custody, depending on the severity of the offence.
Specifically:
- For offences punishable with imprisonment of less than 10 years, the 15-day police custody can be spread over the first 40 days of detention.
- For offences punishable with imprisonment of 10 years or more, the 15-day police custody can be spread over the first 60 days of detention.
The overall maximum detention period (judicial custody + police custody) before the accused is entitled to default bail remains 60 or 90 days, depending on the offence's severity.