Police custody is a form of remand in which an accused person is detained at a police station or in the physical custody of the investigating officers for the purpose of facilitating the investigation of an offence. Under Indian law, police custody is authorised under Section 167(2) of the Code of Criminal Procedure, 1973 (now Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023), with an absolute maximum limit of 15 days from the date of first production before the Magistrate.
Legal definition
The Code of Criminal Procedure, 1973 provides for police custody within the remand framework of Section 167(2):
Section 167(2): The Magistrate to whom an accused person is forwarded under this section may, whether he has or has not jurisdiction to try the case, from time to time, authorise the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole.
The expression "such custody as such Magistrate thinks fit" includes police custody. However, police custody is subject to an absolute ceiling: the Magistrate can authorise police custody only during the first 15 days from the date the accused is first produced before the court. This 15-day window is non-extendable, and any detention beyond this period must be in judicial custody.
The proviso to Section 167(2) further specifies that if the Magistrate is not the Chief Judicial Magistrate, the accused can be committed to police custody only if the Magistrate is satisfied that the investigation cannot be completed without the physical presence of the accused in police control.
New law equivalent: Under the BNSS, 2023, Section 187 retains the same structure. Police custody remains limited to 15 days from the date of first production. A notable change in the BNSS is that the 15-day police custody need not be availed consecutively and can be sought in parts within the initial 40-day or 60-day period (depending on the offence), providing the investigating agency with greater flexibility.
How courts have interpreted this term
CBI v. Anupam J. Kulkarni [(1992) 3 SCC 141]
The Supreme Court established the foundational rule that the 15-day police custody period must be computed from the date of first production before the Magistrate, not from each subsequent remand order. The Court held that the total police custody cannot exceed 15 days in aggregate. Once the initial 15-day window from the date of first production closes, no further police custody can be granted, even if the investigating agency did not utilise all 15 days within that window. This ruling closed the possibility of "staggered" police custody beyond the 15-day period under the CrPC regime.
D.K. Basu v. State of West Bengal [(1997) 1 SCC 416]
The Supreme Court issued comprehensive guidelines for the protection of persons in police custody, recognising the risk of custodial violence. The Court mandated: (1) a memo of arrest witnessed by a family member or local resident; (2) immediate medical examination; (3) the right of the arrested person to inform a relative or friend; (4) inspection of interrogation by a trained officer; and (5) a magistrate's duty to inquire about custodial ill-treatment. These guidelines are binding on all law enforcement agencies.
Arnesh Kumar v. State of Bihar [(2014) 8 SCC 273]
The Court directed that the police must satisfy themselves about the necessity of arrest before taking a person into custody, particularly for offences punishable with imprisonment of seven years or less. The Court mandated a checklist approach: the police officer must record reasons justifying the arrest, and the Magistrate must examine these reasons before authorising any remand, including police custody.
Why this matters
Police custody is the most intrusive form of pre-trial detention because it places the accused directly in the hands of the investigating agency. While the stated purpose is to facilitate investigation — through interrogation, recovery of evidence, identification of accomplices, and similar investigative needs — the reality of police custody in India has been marked by serious concerns about custodial violence and coerced confessions.
For defence practitioners, opposing police custody remand is one of the most important early-stage interventions in a criminal case. The defence should argue that the investigation can proceed without police custody, that the accused is cooperating with the investigation, and that judicial custody is a less restrictive alternative. The practitioner should insist that the Magistrate record specific reasons for granting police custody rather than making a mechanical order.
The 15-day limit on police custody is a constitutional safeguard rooted in Article 21. Once this window closes, the accused transitions to judicial custody, where the police can no longer interrogate freely. Practitioners must track the 15-day window carefully, as any police custody beyond this period is illegal and grounds for habeas corpus.
A common practical concern is the phenomenon of "informal" police custody, where the police take a person for questioning without formally arresting them. The Supreme Court in Joginder Kumar v. State of U.P. (1994) held that such informal detention is constitutionally impermissible, and that a person has the right to inform a relative or friend of their arrest and the place of detention.
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Frequently asked questions
What is the maximum period of police custody in India?
Under the CrPC, the maximum is 15 days from the date of first production before the Magistrate, computed as an aggregate (CBI v. Anupam Kulkarni, 1992). Under the BNSS, the 15-day total remains the same, but it can be sought in parts within the first 40 or 60 days.
Can the police interrogate the accused after police custody ends?
Once the accused is transferred to judicial custody, the police can interrogate them only with the express permission of the Magistrate. The Supreme Court in State of M.P. v. Rustam (1995) held that interrogation in judicial custody without court permission is impermissible.
What are the rights of a person in police custody?
The person has the right to: inform a relative or friend of the arrest (Article 22(1)); consult and be defended by a legal practitioner (Article 22(1)); be produced before a Magistrate within 24 hours (Article 22(2)); medical examination at the time of arrest; and protection from torture or inhuman treatment (Article 21). The D.K. Basu guidelines provide additional procedural safeguards.
Can a person be taken into police custody after being in judicial custody?
Under the CrPC, the Supreme Court in Anupam Kulkarni held that police custody can only be sought within the first 15 days from first production. However, under Section 187 BNSS, the investigating agency can seek police custody in parts within the initial 40/60-day period, even after a period of judicial custody, provided the total does not exceed 15 days.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.