Police Custody and Remand Under the BNSS (Section 187): CrPC 167 Mapping (2026)
How police custody and remand work under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the 60 and 90 day limits, when default bail arises, and the change in how the 15 days of police custody can be taken. Last verified October 2026.
Explainer · Criminal Procedure · BNSS
A person is arrested, but the investigation cannot finish in 24 hours, so the question becomes: where does the person stay while it does, and for how long? That is the law of remand, and it decides both the liberty of the accused and the hands the police get to investigate. Under the new criminal law, this is Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced Section 167 of the Code of Criminal Procedure, 1973 (CrPC). This explainer sets out the custody limits, when default bail arises, and the one change that has drawn the most debate. Last verified October 2026.
- Section: custody and remand is BNSS Section 187, which replaced CrPC Section 167.
- Produce in 24 hours: detention beyond 24 hours needs a Magistrate’s authorisation.
- Default bail: arises if the chargesheet is not filed in 90 days (death, life, or 10+ years) or 60 days (other offences).
- Police custody: 15 day cap stays, but may be taken in whole or in parts within the first 40 or 60 days.
- Nature: Section 187 is procedure; it creates no offence and carries no punishment of its own.
01Why remand matters
Remand is the court process that decides where an arrested person is kept, police custody or judicial custody, while an investigation goes on. It sits at the heart of the balance between the needs of investigation and the liberty of the accused.
Two timelines decide the whole stage:
- How long the police can hold the person for questioning, which is the police custody period.
- How long the person can be detained before a chargesheet must be filed, after which the accused earns a right to bail.
Section 187 of the BNSS sets both, carrying forward the structure of the old Section 167 and changing one part of how police custody can be taken.
02What Section 187 of the BNSS covers
Section 187 of the BNSS applies when a person is arrested and detained, and the investigation cannot be completed within 24 hours. The person must be produced before a Magistrate, who can authorise further detention.
The Magistrate may send the person to:
- police custody, where the police can question the person, within the limits the section sets; or
- judicial custody, meaning jail, while the investigation continues.
Detention beyond 24 hours is only on the Magistrate’s authorisation, and the total detention is capped by the default bail limits below. The requirement to produce the person before a Magistrate is a constitutional safeguard, and it continues under the BNSS.
03Default bail: the 60 and 90 day right
Default bail, sometimes called statutory bail, is the right to be released on bail when the investigation is not completed within the time the law allows.
Under Section 187, the limits are:
- 90 days where the offence is punishable with death, imprisonment for life, or imprisonment of ten years or more;
- 60 days for any other offence.
If the chargesheet is not filed within that period, and the accused is ready to furnish bail, the accused is entitled to be released. This is a valuable right, because it does not depend on the merits, only on the delay in investigation.
Default bail turns on the clock, not the merits. If the chargesheet is late and the accused offers bail, release follows.
The older default bail provision sat in Section 167 of the CrPC. For the earlier case law on that right, see Section 167 CrPC default bail.
04The 15-day police custody change
The most debated change under Section 187 is how the 15 days of police custody may be taken.
Under the old Section 167 of the CrPC, police custody was generally limited to the first 15 days from the date of remand, taken as a block at the start. Under Section 187 of the BNSS, the 15 day cap on police custody stays, but it can be sought in whole or in parts, and within the first 40 days (for 60 day cases) or the first 60 days (for 90 day cases) of the detention period.
Why lawyers are watching this
Spreading police custody across the early weeks gives investigators more flexibility, but defence lawyers worry it keeps the threat of fresh police custody alive for longer. The 15-day total has not increased, so the fight is about timing, not quantity.
Courts have begun to clarify how this works in practice, so the exact reading of Section 187(3) should be checked against the latest rulings.
05Section 167 CrPC to Section 187 BNSS: what changed
Section 187 of the BNSS is the successor to Section 167 of the CrPC, and the main structure, Magistrate authorisation, custody limits, and default bail, carries over.
The comparison in short:
| Point | Old law (CrPC s.167) | New law (BNSS s.187) |
|---|---|---|
| Produce before Magistrate | Within 24 hours | Within 24 hours |
| Police custody cap | 15 days, usually as an opening block | 15 days, in whole or in parts within the first 40 or 60 days |
| Default bail | 90 days (serious) or 60 days (other) | Same 90 or 60 day limits |
| Nature | Procedure, no offence | Procedure, no offence |
Section 187 is procedure. It does not create an offence and carries no punishment of its own. The default bail right it protects depends on the offence and the delay. For the report that ends investigation, see the chargesheet under BNSS Section 193.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Remand and default bail turn on dates, and on how courts have read the custody limits, so finding the right orders quickly matters. Claw helps here. It lets you search 30 crore+ judgments and track cases, orders and hearings by section, party or advocate across 9,102 courts and forums, with results in under 5 seconds, so you can locate rulings on Section 187 and the old Section 167, and follow a live remand matter across dates. Case search across Indian courts describes the coverage.
Create a FREE Claw account to search and track cases under this section by party or advocate name. Claw does not calculate your bail dates for you and does not replace legal advice. It does not use customer case documents to train AI models. There is a free plan for individual advocates, with paid plans for teams and enterprises.
07Sources and further reading
- India Code (text of the BNSS): indiacode.nic.in
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- LiveLaw (BNSS custody and default bail): livelaw.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. Custody and default bail turn on exact dates and current rulings, so check the text of Section 187 of the BNSS and take advice from counsel on your facts.
08Frequently asked questions
What is Section 187 of the BNSS?
Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs custody and remand when an investigation cannot be completed within 24 hours. It replaced Section 167 of the CrPC. It sets the police custody cap, the 60 and 90 day limits, and the right to default bail.
Which CrPC section did BNSS Section 187 replace?
Section 187 of the BNSS replaced Section 167 of the Code of Criminal Procedure, 1973. The 24-hour production rule, the custody limits, and the default bail right carry over, with a change in how the 15 days of police custody can be taken.
When does default bail arise under Section 187?
Default bail arises when the chargesheet is not filed within 90 days for offences punishable with death, life, or ten years or more, or within 60 days for other offences. If the accused is ready to furnish bail, release follows regardless of the merits.
How did the police custody rule change?
The 15 day cap on police custody stays, but under Section 187 it can be sought in whole or in parts within the first 40 days (for 60 day cases) or 60 days (for 90 day cases), rather than only as an opening block. Courts are still clarifying the detail.
Does Section 187 carry a punishment?
No. Section 187 is a procedural provision about custody and remand. It does not create an offence. The default bail right it protects depends on the offence charged and on the delay in filing the chargesheet.
Can I track a remand or bail matter in Claw?
Yes. Claw lets you search judgments and track cases, orders and hearings across 9,102 courts and forums by section, party or advocate, with results in under 5 seconds. It helps you follow dates and find rulings, but it does not give legal advice.