Section 187 BNSS: Procedure when investigation cannot be completed in twenty-four hours
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 187 BNSS at a Glance
Section 187 BNSS deals with procedure when investigation cannot be completed in twenty-four hours. It replaced Section 167 CrPC on 1 July 2024. Popularly called remand and default bail. On the expiry of ninety days, or sixty days, as the case may be, the accused shall be released on bail if prepared to and does furnish bail; Section 187(2) BNSS lets the fifteen days of custody run in parts within the initial forty days or sixty days.
Section 187 BNSS Bare Act Text
(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 58, 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, if he is not below the rank of sub-inspector, shall forthwith transmit to the nearest Magistrate a copy of the entries in the diary hereinafter specified relating to the case, and shall at the same time forward the accused to such Magistrate.
(2) The Magistrate to whom an accused person is forwarded under this section may, irrespective of whether he has or has no jurisdiction to try the case, after taking into consideration whether such person has not been released on bail or his bail has been cancelled, authorise, from time to time, the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole, or in parts, at any time during the initial forty days or sixty days out of detention period of sixty days or ninety days, as the case may be, as provided in sub-section (3), and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction.
(3) The Magistrate may authorise the detention of the accused person, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this sub-section for a total period exceeding—
(i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of ten years or more;
(ii) sixty days, where the investigation relates to any other offence, and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub-section shall be deemed to be so released under the provisions of Chapter XXXV for the purposes of that Chapter.
(4) No Magistrate shall authorise detention of the accused in custody of the police under this section unless the accused is produced before him in person for the first time and subsequently every time till the accused remains in the custody of the police, but the Magistrate may extend further detention in judicial custody on production of the accused either in person or through the audio-video electronic means.
(5) No Magistrate of the second class, not specially empowered in this behalf by the High Court, shall authorise detention in the custody of the police.
Explanation I.—For the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of the period specified in sub-section (3), the accused shall be detained in custody so long as he does not furnish bail.
Explanation II.—If any question arises whether an accused person was produced before the Magistrate as required under sub-section (4), the production of the accused person may be proved by his signature on the order authorising detention or by the order certified by the Magistrate as to production of the accused person through the audio-video electronic means, as the case may be:
Provided that in case of a woman under eighteen years of age, the detention shall be authorised to be in the custody of a remand home or recognised social institution:
Provided further that no person shall be detained otherwise than in police station under police custody or in prison under judicial custody or a place declared as prison by the Central Government or the State Government.
(6) Notwithstanding anything contained in sub-section (1) to sub-section (5), the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of a sub-inspector, may, where a Magistrate is not available, transmit to the nearest Executive Magistrate, on whom the powers of a Magistrate have been conferred, a copy of the entry in the diary hereinafter specified relating to the case, and shall, at the same time, forward the accused to such Executive Magistrate, and thereupon such Executive Magistrate, may, for reasons to be recorded in writing, authorise the detention of the accused person in such custody as he may think fit for a term not exceeding seven days in the aggregate; and, on the expiry of the period of detention so authorised, the accused person shall be released on bail except where an order for further detention of the accused person has been made by a Magistrate competent to make such order; and, where an order for such further detention is made, the period during which the accused person was detained in custody under the orders made by an Executive Magistrate under this sub-section, shall be taken into account in computing the period specified in sub-section (3):
Provided that before the expiry of the period aforesaid, the Executive Magistrate shall transmit to the nearest Judicial Magistrate the records of the case together with a copy of the entries in the diary relating to the case which was transmitted to him by the officer in charge of the police station or the police officer making the investigation, as the case may be.
(7) A Magistrate authorising under this section detention in the custody of the police shall record his reasons for so doing.
(8) Any Magistrate other than the Chief Judicial Magistrate making such order shall forward a copy of his order, with his reasons for making it, to the Chief Judicial Magistrate.
(9) If in any case triable by a Magistrate as a summons-case, the investigation is not concluded within a period of six months from the date on which the accused was arrested, the Magistrate shall make an order stopping further investigation into the offence unless the officer making the investigation satisfies the Magistrate that for special reasons and in the interests of justice the continuation of the investigation beyond the period of six months is necessary.
(10) Where any order stopping further investigation into an offence has been made under sub-section (9), the Sessions Judge may, if he is satisfied, on an application made to him or otherwise, that further investigation into the offence ought to be made, vacate the order made under sub-section (9) and direct further investigation to be made into the offence subject to such directions with regard to bail and other matters as he may specify.
Source: Section 187, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 187 BNSS in Simple Words
Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies to a person who is arrested and detained in custody. Further conditions apply: the investigation cannot be completed within the twenty-four hours fixed by section 58 of the Sanhita, and there are grounds for believing the accusation or information is well-founded. The officer in charge of the police station shall then forthwith transmit to the nearest Magistrate a copy of the diary entries on the case. The officer shall forward the accused to that Magistrate at the same time. The police officer making the investigation has the same duty if not below the rank of sub-inspector. Under Section 187(2) BNSS, that Magistrate may authorise detention of the accused in whatever custody the Magistrate thinks fit, from time to time. This applies irrespective of whether the Magistrate has or has no jurisdiction to try the case. The Magistrate may do so only after taking into consideration whether the person has not been released on bail or the bail has been cancelled. The detention authorised cannot exceed fifteen days in the whole, or in parts. It may be authorised at any time during the initial forty days or sixty days. Those days fall out of the detention period of sixty days or ninety days, as the case may be, as provided in Section 187(3) BNSS. If the Magistrate has no jurisdiction to try or commit the case and thinks further detention unnecessary, the Magistrate may order the accused forwarded to a Magistrate who has jurisdiction. Under Section 187(3) BNSS, the Magistrate may authorise detention beyond fifteen days if satisfied that adequate grounds exist. No Magistrate shall authorise detention in custody under that sub-section for a total above the following caps. The cap is ninety days where the offence under investigation is punishable with death, life imprisonment, or imprisonment for a term of ten years or more.
The cap is sixty days where the investigation concerns any other offence. When the ninety days or sixty days, as the case may be, expire, the accused shall be released on bail if prepared to furnish bail and does furnish it. Anyone released on bail under Section 187(3) BNSS is treated as released under Chapter XXXV of the Sanhita, for the purposes of that Chapter. Under Section 187(4) BNSS, no Magistrate shall authorise detention in police custody unless the accused is produced before the Magistrate in person for the first time. Production in person is required subsequently every time, for as long as the accused remains in the custody of the police. Further detention in judicial custody may be extended on production of the accused either in person or through audio-video electronic means. Under Section 187(5) BNSS, a Magistrate of the second class who is not specially empowered by the High Court for this purpose shall not authorise detention in police custody. Explanation I is declared for the avoidance of doubts. It is hereby declared that, even after the period in Section 187(3) BNSS expires, the accused shall be detained in custody for as long as bail is not furnished. Explanation II deals with a question whether the accused was produced as Section 187(4) BNSS requires. Production may be proved by the signature of the accused on the detention order, or by the Magistrate's certified order recording production through audio-video electronic means, as the case may be. Provisos follow Explanation II, and the first says that a woman under eighteen years of age shall be authorised to be detained in the custody of a remand home or recognised social institution. The second proviso says where a person may be detained, and no person shall be detained elsewhere. The places are a police station under police custody, a prison under judicial custody, or a place declared as a prison by the Central Government or the State Government. Section 187(6) BNSS applies despite Section 187(1) BNSS to Section 187(5) BNSS, where a Magistrate is not available.
The officer in charge of the police station, or the investigating officer if not below the rank of sub-inspector, may transmit a copy of the diary entry to the nearest Executive Magistrate. That Executive Magistrate must be one on whom the powers of a Magistrate have been conferred, and the officer shall forward the accused to the Executive Magistrate at the same time. The Executive Magistrate may then, for reasons recorded in writing, authorise detention of the accused in whatever custody the Executive Magistrate thinks fit, for not more than seven days in the aggregate. When that detention expires, the accused shall be released on bail, unless a Magistrate competent to do so has ordered further detention. If further detention is ordered, the time spent in custody under the Executive Magistrate's orders shall be counted when working out the period in Section 187(3) BNSS. The proviso to Section 187(6) BNSS says that, before that period expires, the Executive Magistrate shall transmit the records of the case to the nearest Judicial Magistrate. The records shall go with the copy of the diary entries that the police officer transmitted to the Executive Magistrate. Under Section 187(7) BNSS, a Magistrate who authorises detention in the custody of the police shall record the reasons for doing so. Under Section 187(8) BNSS, any Magistrate other than the Chief Judicial Magistrate who makes such an order shall forward a copy of the order, with the reasons, to the Chief Judicial Magistrate. Section 187(9) BNSS applies to a case triable by a Magistrate as a summons-case, where the investigation is not concluded within six months from the date of the arrest of the accused. The Magistrate shall make an order stopping further investigation into the offence. The exception is where the investigating officer satisfies the Magistrate that, for special reasons and in the interests of justice, continuing the investigation beyond six months is necessary. Under Section 187(10) BNSS, the Sessions Judge may vacate an order stopping investigation made under Section 187(9) BNSS, if satisfied that further investigation into the offence ought to be made. The Sessions Judge may be satisfied on an application or otherwise, and may then direct further investigation subject to such directions on bail and other matters as the Sessions Judge specifies.
When Section 187 BNSS Applies
- When an arrested person is detained in custody 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, if not below the rank of sub-inspector, shall send the case diary entries and forward the accused to the nearest Magistrate if the investigation cannot finish within twenty-four hours.
- A Magistrate to whom the accused is forwarded under Section 187(2) BNSS may authorise detention irrespective of trial jurisdiction after considering whether the accused has not been released on bail or whether bail has been cancelled, and if lacking jurisdiction to try the case or commit it for trial and considering further detention unnecessary, may order the accused forwarded to a Magistrate having jurisdiction.
- Under Section 187(4) BNSS, a Magistrate shall not authorise police custody unless the accused is produced in person the first time and every subsequent time while remaining in police custody, though judicial custody may be extended upon production either in person or through audio-video electronic means.
- Under Section 187(5) BNSS and its provisos, a second-class Magistrate not specially empowered by the High Court cannot authorise police custody, detention of a woman under eighteen years of age shall be in a remand home or recognised social institution, and no person shall be detained except in a police station under police custody or in a prison under judicial custody or a place declared as prison by the Central Government or the State Government.
- A Magistrate authorising detention in police custody under Section 187(7) BNSS and Section 187(8) BNSS shall record reasons for doing so, and any Magistrate other than the Chief Judicial Magistrate making such an order shall forward a copy of the order and reasons to the Chief Judicial Magistrate.
- When a Magistrate stops further investigation in a summons-case under Section 187(9) BNSS, the Sessions Judge under Section 187(10) BNSS may, if satisfied on an application or otherwise that further investigation ought to be made, vacate that order and direct further investigation subject to directions on bail and other matters.
Time Limits Under Section 187 BNSS
- When an investigation cannot be completed within the twenty-four hours fixed by Section 58 BNSS, the investigating officer shall forthwith transmit a copy of the case diary entries to the nearest Magistrate and at the same time forward the accused under Section 187(1) BNSS.Act text: “cannot be completed within the period of twenty-four hours fixed by section 58”
- Under Section 187(2) BNSS, the Magistrate may authorise detention in such custody as the Magistrate thinks fit for a term not exceeding fifteen days in the whole, or in parts, at any time during the initial forty days or sixty days out of the total detention period of sixty days or ninety days.Act text: “for a term not exceeding fifteen days in the whole, or in parts, at any time during the initial forty days or sixty days”
- Under Section 187(3)(i) BNSS, a Magistrate satisfied that adequate grounds exist may authorise detention beyond fifteen days up to a total period of ninety days where the investigation relates to an offence punishable with death, imprisonment for life, or imprisonment for a term of ten years or more.Act text: “ninety days, where the investigation relates to an offence punishable with death, imprisonment for life”
- Under Section 187(3)(ii) BNSS and Explanation I to Section 187(5) BNSS, total detention cannot exceed sixty days for any other offence, and on the expiry of sixty days or ninety days the accused shall be released on bail if prepared to and furnishing bail, but shall remain detained in custody so long as bail is not furnished.Act text: “sixty days, where the investigation relates to any other offence, and, on the expiry of the said period”
- Where a Magistrate is unavailable under Section 187(6) BNSS, an Executive Magistrate conferred with the powers of a Magistrate may, for reasons to be recorded in writing, authorise detention for a term not exceeding seven days in the aggregate, must transmit the case records and diary entries to the nearest Judicial Magistrate before that period expires, and, where a competent Magistrate orders further detention, that period counts toward the sixty-day or ninety-day limit.Act text: “in such custody as he may think fit for a term not exceeding seven days in the aggregate”
- In any case triable by a Magistrate as a summons-case under Section 187(9) BNSS, if the investigation is not concluded within six months from the date of arrest, the Magistrate shall order further investigation stopped unless the investigating officer satisfies the Magistrate that continuation beyond six months is necessary for special reasons and in the interests of justice.Act text: “the investigation is not concluded within a period of six months from the date on which the accused was arrested”
Example of Section 187 BNSS
When Section 187 BNSS Does Not Apply
- Section 187(1) BNSS does not apply when the investigation can be completed within the twenty-four hours fixed by Section 58 BNSS or when there are no grounds for believing that the accusation or information is well-founded.
- A police officer making the investigation who is below the rank of sub-inspector and is not the officer in charge of the police station cannot transmit the case diary entries or forward the accused under Section 187(1) BNSS.
- Under Section 187(4) BNSS, a Magistrate cannot authorise detention in the custody of the police when the accused is not produced before the Magistrate in person for the first time and every time thereafter while remaining in police custody.
- Under Explanation I to Section 187(5) BNSS, release on bail upon the expiry of the sixty-day or ninety-day period does not apply so long as the accused does not furnish bail.
Section 187 BNSS in the CrPC (Previous Law)
Section 187 BNSS replaced Section 167 CrPC from 1 July 2024.
Section 167 of the Code of Criminal Procedure, 1973 became Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with sub-section renumbering and updated cross-references as changes of form. Section 187(2) BNSS requires the Magistrate to consider whether the accused has not been released on bail or bail was cancelled, and allows fifteen days of custody in the whole or in parts during the initial forty days or sixty days of the sixty-day or ninety-day period. Section 187(3) BNSS does not carry over the words otherwise than in custody of the police, and a new proviso in Section 187(5) BNSS restricts detention locations.
Each sub-section below names its own source.
FAQs on Section 187 BNSS
Can the fifteen-day custody period under Section 187(2) BNSS be authorised in parts?▼
Yes. Under Section 187(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Magistrate may authorise detention in such custody as the Magistrate thinks fit for up to fifteen days in the whole, or in parts, at any time during the initial forty days or sixty days out of the sixty-day or ninety-day detention period in Section 187(3) BNSS, after considering whether the accused has not been released on bail or whether bail has been cancelled.
Where may an accused person be detained under Section 187 BNSS?▼
Under the second proviso to Section 187(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023, no person shall be detained otherwise than in a police station under police custody, or in a prison under judicial custody, or in a place declared as a prison by the Central Government or the State Government. Further, under the first proviso to Section 187(5) BNSS, detention of a woman under eighteen years of age shall be authorised in a remand home or recognised social institution.
When is in-person production required and when can audio-video electronic means be used under Section 187 BNSS?▼
Under Section 187(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023, no Magistrate shall authorise detention in police custody unless the accused is produced in person for the first time and every subsequent time while remaining in police custody. However, a Magistrate may extend further detention in judicial custody on production either in person or through audio-video electronic means. Under Explanation II to Section 187(5) BNSS, production may be proved by the signature of the accused or by an order certified by the Magistrate.
When must an accused person be released on bail under Section 187(3) BNSS?▼
Under Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, no Magistrate shall authorise total detention exceeding ninety days where the investigation relates to an offence punishable with death, life imprisonment, or imprisonment for a term of ten years or more, or sixty days for any other offence. On the expiry of that ninety-day or sixty-day period, the accused shall be released on bail if prepared to and furnishing bail, and remains in custody under Explanation I until bail is furnished.
What changed in Section 187 BNSS from 1 July 2024 compared to Section 167 of the Code of Criminal Procedure, 1973?▼
From 1 July 2024, Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 167 of the Code of Criminal Procedure, 1973. Section 187(2) BNSS allows the fifteen-day custody period in the whole or in parts during the initial forty days or sixty days of the sixty-day or ninety-day period, after considering bail status. Section 187(3) BNSS does not carry over the words otherwise than in custody of the police that Section 167(2)(a) CrPC used for detention beyond fifteen days, and a new proviso in Section 187(5) BNSS restricts detention to a police station, prison, or declared prison.
Section 187 BNSS: Sub-sections Explained
Section 187(1) BNSS: Procedure when investigation cannot be completed in twenty-four hours
▶
Bare Act Text
(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 58, 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, if he is not below the rank of sub-inspector, shall forthwith transmit to the nearest Magistrate a copy of the entries in the diary hereinafter specified relating to the case, and shall at the same time forward the accused to such Magistrate.
Section 187(2) BNSS: Procedure when investigation cannot be completed in twenty-four hours
▶
Bare Act Text
(2) The Magistrate to whom an accused person is forwarded under this section may, irrespective of whether he has or has no jurisdiction to try the case, after taking into consideration whether such person has not been released on bail or his bail has been cancelled, authorise, from time to time, the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole, or in parts, at any time during the initial forty days or sixty days out of detention period of sixty days or ninety days, as the case may be, as provided in sub-section (3), and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction.
Section 187(3) BNSS: Procedure when investigation cannot be completed in twenty-four hours
▶
Bare Act Text
(3) The Magistrate may authorise the detention of the accused person, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this sub-section for a total period exceeding—
(i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of ten years or more;
(ii) sixty days, where the investigation relates to any other offence, and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub-section shall be deemed to be so released under the provisions of Chapter XXXV for the purposes of that Chapter.
Section 187(4) BNSS: Procedure when investigation cannot be completed in twenty-four hours
▶
Bare Act Text
(4) No Magistrate shall authorise detention of the accused in custody of the police under this section unless the accused is produced before him in person for the first time and subsequently every time till the accused remains in the custody of the police, but the Magistrate may extend further detention in judicial custody on production of the accused either in person or through the audio-video electronic means.
Section 187(5) BNSS: Procedure when investigation cannot be completed in twenty-four hours
▶
Bare Act Text
(5) No Magistrate of the second class, not specially empowered in this behalf by the High Court, shall authorise detention in the custody of the police.
Explanation I.—For the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of the period specified in sub-section (3), the accused shall be detained in custody so long as he does not furnish bail.
Explanation II.—If any question arises whether an accused person was produced before the Magistrate as required under sub-section (4), the production of the accused person may be proved by his signature on the order authorising detention or by the order certified by the Magistrate as to production of the accused person through the audio-video electronic means, as the case may be:
Provided that in case of a woman under eighteen years of age, the detention shall be authorised to be in the custody of a remand home or recognised social institution:
Provided further that no person shall be detained otherwise than in police station under police custody or in prison under judicial custody or a place declared as prison by the Central Government or the State Government.
I.—For the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of the period specified in sub-section (3), the accused shall be detained in custody so long as he does not furnish bail.
Section 187(6) BNSS: Procedure when investigation cannot be completed in twenty-four hours
▶
Bare Act Text
(6) Notwithstanding anything contained in sub-section (1) to sub-section (5), the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of a sub-inspector, may, where a Magistrate is not available, transmit to the nearest Executive Magistrate, on whom the powers of a Magistrate have been conferred, a copy of the entry in the diary hereinafter specified relating to the case, and shall, at the same time, forward the accused to such Executive Magistrate, and thereupon such Executive Magistrate, may, for reasons to be recorded in writing, authorise the detention of the accused person in such custody as he may think fit for a term not exceeding seven days in the aggregate; and, on the expiry of the period of detention so authorised, the accused person shall be released on bail except where an order for further detention of the accused person has been made by a Magistrate competent to make such order; and, where an order for such further detention is made, the period during which the accused person was detained in custody under the orders made by an Executive Magistrate under this sub-section, shall be taken into account in computing the period specified in sub-section (3):
Provided that before the expiry of the period aforesaid, the Executive Magistrate shall transmit to the nearest Judicial Magistrate the records of the case together with a copy of the entries in the diary relating to the case which was transmitted to him by the officer in charge of the police station or the police officer making the investigation, as the case may be.
Previous Law
CrPC 167(2A) → Section 187(6) BNSS
Section 187(7) BNSS: Procedure when investigation cannot be completed in twenty-four hours
▶
Bare Act Text
(7) A Magistrate authorising under this section detention in the custody of the police shall record his reasons for so doing.
Section 187(8) BNSS: Procedure when investigation cannot be completed in twenty-four hours
▶
Bare Act Text
(8) Any Magistrate other than the Chief Judicial Magistrate making such order shall forward a copy of his order, with his reasons for making it, to the Chief Judicial Magistrate.
Section 187(9) BNSS: Procedure when investigation cannot be completed in twenty-four hours
▶
Bare Act Text
(9) If in any case triable by a Magistrate as a summons-case, the investigation is not concluded within a period of six months from the date on which the accused was arrested, the Magistrate shall make an order stopping further investigation into the offence unless the officer making the investigation satisfies the Magistrate that for special reasons and in the interests of justice the continuation of the investigation beyond the period of six months is necessary.
Section 187(10) BNSS: Procedure when investigation cannot be completed in twenty-four hours
▶
Bare Act Text
(10) Where any order stopping further investigation into an offence has been made under sub-section (9), the Sessions Judge may, if he is satisfied, on an application made to him or otherwise, that further investigation into the offence ought to be made, vacate the order made under sub-section (9) and direct further investigation to be made into the offence subject to such directions with regard to bail and other matters as he may specify.
Previous Law
CrPC 167(6) → Section 187(10) BNSS
Have questions about Section 187 BNSS?
Ask NyayGuru for a plain language explanation, or how it applies to your situation.
Ask NyayGuru →Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.
Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·