This HC has affirmed 40-day limit on police custody for offenses punishable by up to 10 years as per the BNSS Act, Read Judgment

The Karnataka High Court recently addressed the issue of police custody in ‘cases involving offences punishable with imprisonment for up to ten years,’ emphasizing the importance of balancing investigation needs with the protection of personal liberty.

The issue emerged in the context of a case challenging the rejection of an extension for police custody, sparking debates about the interpretation of Section 187(3) of the BNSS Act and its implications for personal liberty and judicial procedures. The Court’s detailed analysis also highlighted the limitations imposed by Section 167 of the Cr.P.C. and reiterated the constitutional significance of protecting personal liberty.

On 06-10-2024, B.M. Mumtaz Ali, brother of the complainant, died, leading to the registration of Crime No. 150 of 2024 under Sections 190, 308(2), 308(5), 351(2), and 352 of BNS. The accused were arrested and remanded to judicial custody. On 12-10-2024, Accused No. 6 was arrested and remanded. The prosecution sought police custody for accused persons based on certain voice samples. The concerned Court rejected the request, citing the 60-day investigation period and the limitation on police custody under Section 187 of BNS. This decision was then challenged in the Karnataka High Court by the complainant and the State.

The petitioners (complainant and the State) argued that the punishment for the offence of abetment to suicide (Section 108 of BNS) is up to 10 years, thus allowing a 90-day investigation period under Section 187. Therefore, police custody should be extended to 60 days. They contended that the police need to examine the voice samples of the accused, and the offence may also involve the addition of charges related to abetment for ransom (Section 140(2) of BNS), punishable by death or life imprisonment, which justified further police custody.

The respondents (defence counsel) argued that the offence under Section 108 of BNS is punishable up to 10 years, which limits the investigation period to 60 days. Thus, police custody can only be granted for the first 40 days, and the period has already lapsed. They contended that the learned Magistrate's order rejecting the request for police custody is correct, and no further extension is justified.

The Court referred to the Supreme Court’s decision in Rakesh Kumar Paul v. State of Assam and discussed Section 187(3) of the BNSS Act, noting, “the investigation in this case falls under the category of offences punishable with imprisonment for up to ten years,” requiring police custody within 40 days. It rejected the requisition filed after the statutory period.

The Court analyzed the BNSS and IPC provisions, noting the maximum punishments for offences like abetment to suicide, extortion, and criminal intimidation, extending up to ten years, except in cases of intimidation or intentional insult. It concluded that Section 187 of the BNSS aligns with Section 167 of the Cr.P.C., with minor semantic differences, maintaining the same legal implications.

The Court clarified that the prosecution’s request for a 90-day investigation period applies only to offenses carrying a minimum sentence of ten years. For offenses punishable up to ten years but not mandatorily ten years, it stated, “the investigation must be completed within 60 days, as per Section 167(2) of the CrPC.”

The Court reiterated that “Personal liberty is one of the cherished objects of the Indian Constitution and deprivation of the same can only be in accordance with law and in conformity with the provisions thereof, as stipulated under Article 21 of the Constitution,” citing M. Ravindran v. Intelligence Officer. It also noted that the interpretation of Section 167(2) should favor the protection of personal liberty.

In A.V. Dharmasingh v. State Of Karnataka, the Court discussed Section 37 of the NDPS Act, asserting that “no person accused of an offence prescribed therein shall be released on bail unless the conditions contained therein were satisfied.” The Court emphasized that Section 37’s provisions override the Cr.P.C. regarding bail for offences punishable with five years or more.

Concerning Section 187(3) of BNSS, the Court interpreted "ten years or more" to mean “the minimum threshold punishment imposable on an offence under the BNS should be ten years.” It concluded that the offence in question, punishable up to ten years, does not attract the ten-year minimum threshold.

The Court ruled, “the police custody is only from day one to day forty” for offences punishable up to ten years.

The Court found no justification to interfere with the order passed by the concerned Court. Accordingly, the petitions were dismissed. Any pending applications, if any, were also disposed of.

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