Supreme Court Clarifies Scope of Police Custody and Interrogation Under the BNSS
Subject: GS II-Polity & Governance- Judiciary(Criminal Justice System)
Context
In the landmark ruling State of Andhra Pradesh v. Suda Suresh Veera Venkata Naga Raju (2026), the Supreme Court delivered a comprehensive interpretation of the new police-remand and interrogation framework under Section 187 and Section 38 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The ruling balances constitutional protections for accused persons with the practical imperatives of effective criminal investigation.
Key Highlights and Legal Interpretations
1. Splitting Police Custody (Section 187 BNSS)
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The Shift from CrPC: Under the erstwhile Section 167 of the Code of Criminal Procedure (CrPC), 1973, police custody could only be sought during the first 15 days following the initial arrest.
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Enlarged Window Under BNSS: Section 187(2) of the BNSS permits the aggregate 15 days of police custody to be taken in parts rather than strictly in a continuous block upfront.
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This segmented police custody can be availed across the initial 40 days or 60 days of overall detention (depending on whether the offence invites a 60-day or 90-day maximum statutory detention framework) to act upon fresh facts, discoveries, or leads emerging later in an investigation.
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No Rigid Caps: Courts cannot impose absolute, non-extendable limits that prematurely cut short the statutory window for police remand if statutory parameters are met.
2. Scope of Advocate Presence During Interrogation (Section 38 BNSS)
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Distinction Between “During” and “Throughout”: Section 38 BNSS stipulates that an arrested person is entitled to meet an advocate of choice during interrogation, but not throughout interrogation.
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Balancing Rights and Efficacy: The Supreme Court rejected interpretations requiring the continuous physical presence of a lawyer throughout every interrogation session.
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Operational Guidelines: An advocate may remain within visual range (e.g., at a designated viewing distance or behind a partition) to observe proceedings and ensure no coercion occurs, but they cannot interfere, prompt, advise, or audit every question-and-answer session in real-time.
3. Rationalising Audio-Visual Safeguards
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While acknowledging that audio-visual recording is vital to safeguard against custodial violence and protect investigators from false allegations, the Court ruled that uninterrupted continuous videography of the accused’s transit between locations is impractical and unworkable (owing to technical constraints like battery limits and signal loss).
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Mandatory recording rules appropriately apply to the actual interrogation sessions and discovery/recovery proceedings rather than every minute of road transit.
Significance of the Judgment
The ruling provides vital clarity on the operational transition from the CrPC to the BNSS. By ensuring that judicial safeguards do not render investigations legally or practically impossible, the apex court has reinforced the state’s capacity to crack complex, evolving criminal conspiracies while preserving core statutory rights.
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