The Karnataka High Court has observed that the Indian Civil Security Code (BNSS) has not altered the period of investigation required for an offense and the period allowed for police custody, despite slight differences in the wording of the relevant Criminal Procedure Code. CrPC) Sec. The BNSS replaced the CrPC in July this year.
A bench of Justice M Nagaprasanna has “slightly tweaked Quat 187(3) of the new regime of BNSS in conjunction with Section 167(2) of the earlier regime – Cr.PC has not changed the purpose of the provision,” it said in an order dated December 13. The order was made available recently. was
The high court was hearing a plea challenging a Mangaluru magistrate’s order denying police custody to an accused in a case of abetment to suicide. The counsel for the prosecution argued that since the case is punishable by imprisonment for up to 10 years, the investigation cannot be completed within 24 hours, as per Section 187 of the BNSS, which outlines the procedure, the investigation can be conducted within 90 days. Which can be found from the first day of the investigation to the 60th day by keeping them in police custody for 15 days.
However, the bench said that if the prosecution wanted 90 days to submit the final report, it would only be for offenses punishable by a minimum of 10 years. “Currently, the minimum threshold sentence of ten years is not imposed against these accused, but can be extended up to ten years. Therefore, the period can be from one year to ten years. In the case of one year to ten years, the investigation of the offense punishable by up to ten years must be completed within 60 days, and therefore, according to Section 187(3), from ten years to ten years, police custody or for any other reasons cannot be served. The Supreme Court said, “It can be 90 days only in very few cases involving life, death or ten years or more”.
The court further clarified, ‘Since the punishment in the current case is up to ten years, the police custody is only one day to forty years.
The difference between the wording of the current BNSS provision and the old CRPC provision is that the former allows a 90-day investigation for an offense of “ten years or more” duration while the CRPC provision says it “shall not be less”. Ten years.”
Taking this view, the court dismissed the petition of the prosecution.
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