15-Day Loophole: How Intermittent Police Custody Under BNSS 2023 Is Reshaping Bail Law in India
Introduction: The New Custody Dilemma in Indian Bail Law “Police custody to judicial custody and back: Is jail the rule? ” — this question exposes a serious constitutional and procedural concern within India’s criminal justice system. Governed first by the Code of Criminal Procedure (CrPC) and now by its successor, the Bharatiya Nagarik Suraksha Sanhita (BNSS 2023 ) , the law around custody and bail is undergoing a major transformation. This new “custody ping-pong” — moving an accused from Police Custody (PC) to Judicial Custody (JC) and then back to PC — risks making jail the rule, not the exception. The General Rule: Judicial Custody Is the Norm The foundational legal principle has always been clear — detention should ideally be under judicial supervision to protect the accused’s rights and prevent coercion. Police Custody (PC): Limited to a total of 15 days from the date of first production before a magistrate. Granted mainly for investigation, interrogation, or recov...