Supreme Court rules BNSS allows police custody in parts up to 15 days
GS2Polity · Governance · IR· Judiciary & landmark judgments· Prelims + Mains·
Why in news
The Supreme Court ruled in State of Andhra Pradesh vs Suda Suresh Veera Venkata Naga Raju that Section 187(2) of the BNSS allows police custody in parts up to 15 days.
Background
The Supreme Court modified an Andhra Pradesh High Court order regarding police custody. It clarified that Section 38 of the BNSS does not guarantee an advocate's continuous physical presence.
Facts for Prelims
- Act / BillSection 187(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) allows police custody in parts up to 15 days during the first 40 or 60 days
- Act / BillSection 38 of the BNSS does not guarantee an advocate's continuous physical presence
- BodyThe Supreme Court modified an Andhra Pradesh High Court order in the case of State of Andhra Pradesh vs Suda Suresh Veera Venkata Naga Raju
For Mains
Q. Examine the implications of the Bharatiya Nagarik Suraksha Sanhita's provisions on police custody and the rights of the accused to legal representation.
Dimensions to cover in your answer
- Procedural clarity: Defining 'custody in parts' to balance investigative requirements with individual liberty
- Legal representation: Balancing the right to counsel against the practicalities of continuous physical presence during interrogation
Keywords: Bharatiya Nagarik Suraksha Sanhita · Police Custody · Right to Counsel · Judicial Interpretation · Due Process
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