Supreme Court considers review of 15-day limit on police custody for accused

New Delhi (India), April 12, 2023: The Supreme Court of India has called for a review of its existing position on the detention of accused persons in police custody beyond 15 days from the initial date of arrest.

This follows a request by the Central Bureau of Investigation (CBI) for additional custody of an accused, Vikas Mishra, who had been remanded to CBI custody for seven days but was hospitalized after two and a half days and later granted bail. The CBI claimed it required fresh custody of Mishra, citing the failure to interrogate him during his previous custody.

However, Mishra’s lawyers opposed the demand, citing the 1992 ruling that police custody beyond 15 days from the date of arrest was not permissible. The SC eventually granted the CBI four days of custody but stated that a larger bench would have to clarify the law on this issue.

The law allows police detention only in special circumstances, with police custody granted by a magistrate for reasons that must be recorded in the order. After the 15-day police custody period, further remand can only be in judicial custody.

The SC has now called for a review of the 1992 Anupam Kulkarni case and a clarification of the law on this matter.