No changes have been made in the Indian Civil Protection Code to the period of completion of investigation or police custody, the Karnataka High Court said

The Karnataka High Court has clarified that there has been no change in the Indian Civil Security Code (BNSS) despite minor tweaks to the language used to describe the period of completion of investigation or police custody of accused persons in criminal cases. When compared with the provisions of the Code of Criminal Procedure (Cr.PC).

“A minor tweak in the new rule qua 187(3) of BNSS in conjunction with section 167 (2) of the earlier rule of Cr.PC has not changed the purpose of the provision,” the HC said. It has also clarified that there is a period of 60 days to complete the investigation in the case of offenses punishable up to ten years. And for remaining offenses punishable with death penalty or ten years or more life imprisonment, the period for completion of investigation is 90 days.

Judge M. Nagprasanna made these comments while upholding the trial court’s order refusing to remand some of the accused in the case of allegedly abetting the suicide of BM Mumtaz Ali (52), brother of businessman and former Congress MLA BA Mohiuddin Bawa.

Both the police and the complainant had filed separate petitions challenging the order by the Judicial Magistrate First Class (JMFC)-III of Mangaluru rejecting the plea of ​​remanding some of the accused persons for further investigation. The magistrate pointed out that the person arrested in the current case can be kept in police custody within 40 days as the investigation has to be completed within 60 days.

However, the argument of the police was that since the punishment of 10 years has been fixed for those who encourage suicide, they have 90 days to complete the investigation and in such cases, the accused can be detained for 60 days after the crime is registered.

Refusing to accept the arguments on behalf of the police, the court upheld the magistrate’s order saying that since the current crime carries a punishment of up to ten years, the police can stay in police custody only for the first 40 days and investigate. To be completed within 60 days.