Remand is the judicial act of sending an accused person back to custody — either police custody or judicial custody — for a specified period during the pendency of investigation. Under Indian law, remand is governed by Section 167 of the Code of Criminal Procedure, 1973 (now Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which prescribes maximum time limits for both types of custody.
Legal definition
Section 167 of the Code of Criminal Procedure, 1973 provides the statutory framework for remand:
Section 167(1): Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 57, and there are grounds for believing that the accusation or information is well-founded, the officer in charge of the police station or the police officer making the investigation... shall forthwith transmit to the nearest Judicial Magistrate a copy of the entries in the diary hereinafter prescribed... and shall at the same time forward the accused to such Magistrate.
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 proviso to Section 167(2) establishes the maximum outer limits:
If the investigation is not completed within 60 days (for offences punishable with death, life imprisonment, or imprisonment of not less than 10 years) or 90 days (for other offences), the accused shall be released on bail — this is the foundation of the right to default bail.
New law equivalent: Under the BNSS, 2023, Section 187 corresponds to Section 167 CrPC. The basic framework of remand remains the same: 15 days maximum police custody, and 60/90-day outer limits for the total investigation period. Section 187 BNSS additionally introduces electronic filing and video conferencing for remand hearings.
How courts have interpreted this term
CBI v. Anupam J. Kulkarni [(1992) 3 SCC 141]
The Supreme Court established the critical rule that the 15-day period for police custody remand must be computed from the date of first remand, not from each subsequent remand order. The Court held that police custody cannot exceed 15 days in the aggregate during the first 15 days from the date the accused is first produced before the Magistrate. Once this 15-day window expires, the Magistrate cannot authorise police custody even if police custody was not availed for all 15 days. Any further remand must be to judicial custody only.
Central Bureau of Investigation v. Rathin Dandapath [(2015) 8 SCC 537]
The Court clarified that the 15-day period for police custody is an outer limit, and the Magistrate must apply judicial mind independently before authorising police custody. A mechanical grant of police custody without examining its necessity violates the rights of the accused.
Uday Mohanlal Acharya v. State of Maharashtra [(2001) 5 SCC 453]
The Supreme Court addressed the computation of the 60/90-day period under the proviso to Section 167(2). The Court held that the period begins from the date of first production before the Magistrate (not the date of arrest) and includes the day of remand but excludes the day of filing of the chargesheet. If the chargesheet is not filed within this period, the right to default bail accrues automatically.
Types of remand
Indian law recognises two distinct forms of remand:
- Police custody remand (Section 167(2) CrPC / Section 187 BNSS): The accused is sent to police custody for investigation purposes. Maximum 15 days from the date of first production. The Magistrate must record reasons for authorising police custody.
- Judicial custody remand (Section 167(2) CrPC / Section 187 BNSS): The accused is sent to jail custody under the supervision of the prison administration, not the police. Can be extended up to the 60/90-day outer limit.
After the 15-day window, the accused can only be remanded to judicial custody, and the Magistrate can extend judicial custody in periods of up to 15 days at a time, up to the statutory maximum of 60 or 90 days.
Why this matters
Remand is one of the most significant procedural stages in a criminal case because it determines where and how long an accused will remain in custody during investigation. The distinction between police custody and judicial custody has profound implications for the accused's rights and well-being. In police custody, the accused is under the direct control of the investigating agency, which creates the risk of coercion or mistreatment. In judicial custody, the accused is in the relatively safer environment of a prison.
For defence practitioners, the remand hearing is a critical opportunity to oppose police custody and argue for judicial custody or bail. The Magistrate must be satisfied that police custody is necessary for the investigation and that the investigation cannot proceed with the accused in judicial custody. A well-argued opposition to police custody remand can significantly protect the accused's rights.
The time limits under Section 167(2) serve as a constitutional safeguard against indefinite detention without trial. The right to default bail that accrues upon expiry of the 60/90-day period is an indefeasible right that cannot be defeated by the subsequent filing of a chargesheet. Practitioners must track these timelines meticulously, as a single day's delay in filing a chargesheet can entitle the accused to statutory bail.
Related terms
Specific types:
Related procedures:
Frequently asked questions
What is the maximum period of police custody remand?
Under Section 167(2) CrPC (Section 187 BNSS), police custody cannot exceed 15 days in the aggregate from the date of first production before the Magistrate. The Supreme Court in CBI v. Anupam Kulkarni (1992) held that this 15-day window cannot be extended under any circumstances.
Can the Magistrate grant police custody after the 15-day period?
No. Once the initial 15-day window from the date of first production expires, the Magistrate can only remand the accused to judicial custody. The Supreme Court has made this an absolute rule with no exceptions.
What happens when the 60/90-day remand period expires?
If the investigation is not completed and a chargesheet is not filed within 60 days (for offences punishable with death, life imprisonment, or 10+ years) or 90 days (for other offences), the accused acquires an indefeasible right to default bail under the proviso to Section 167(2) CrPC (Section 187 BNSS).
Can remand hearings be conducted via video conferencing?
Yes. Section 167(2B) CrPC (as amended) and Section 187 BNSS expressly permit the Magistrate to authorise detention through electronic means, including video conferencing. This provision was significantly utilised during and after the COVID-19 pandemic.
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.