In short
An arrested person must be produced before the nearest Magistrate within 24 hours, excluding travel time (Section 58 BNSS). At that hearing the police may ask for police custody (detention with the police for questioning) or the court may send the person to judicial custody (jail). Under Section 187 BNSS, police custody can total at most 15 days, taken in one stretch or in parts during the first 40 or 60 days. The remand hearing is the first chance for a defence advocate to be heard.
What the family should do in the first hours
- Find out the police station and the FIR number (or the sections applied). The police must inform a relative or friend of the arrest (Section 48 BNSS).
- Ask for the grounds of arrest. The arrested person is entitled to know them, and to know whether the offence is bailable (Section 47 BNSS).
- Contact an advocate before the production, so the remand application can be opposed and, where available, bail can be moved the same day.
- Collect documents: identity proof, address proof, and anything showing roots in Pune (employment, family, property).
- Do not discuss the facts with the police or others on the person’s behalf.
Police custody vs judicial custody
| Police custody | Judicial custody | |
|---|---|---|
| Where | Police lock-up | Jail (e.g. Yerawada) |
| Purpose | Investigation — questioning, recovery | Detention while investigation continues |
| Limit | 15 days in total (S.187) | Up to 60 / 90 days before charge-sheet |
| Bail | A bail application can be filed in either case | |
How a remand hearing is opposed
- Whether the arrest itself complied with the law — grounds of arrest, information to relatives, the notice procedure for offences punishable up to seven years (Section 35 BNSS).
- Whether the police have shown specific reasons for custodial questioning, or only repeated general grounds.
- Whether recoveries are already complete, making further police custody unnecessary.
- Medical examination of the arrested person where there is any complaint of ill-treatment.
After remand: the 60/90-day rule
If the police do not file the charge-sheet within 60 days (or 90 days for offences punishable with death, life imprisonment or ten years or more), the accused has a right to default bail — provided the application is made before the charge-sheet is filed.
Related
- Your rights when arrested
- A family member was arrested last night — read this first
- Bail applications
How many days of remand can the police get?
Under Section 187 BNSS (old Section 167 CrPC), police custody can total at most 15 days. Unlike the old law, these 15 days can be taken in one stretch or in parts at any time during the first 40 days of detention (for offences punishable up to ten years) or the first 60 days (for more serious offences). Every remand must be ordered by a Magistrate, who must be satisfied that further detention is necessary.
Can a remand order be challenged?
Yes. A remand order can be challenged in revision before the Sessions Court. Where the arrest or detention itself is illegal — for example, the arrested person was not produced within 24 hours, or the grounds of arrest were not supplied — a habeas corpus petition before the High Court may lie. The Supreme Court has held that the grounds of arrest must be communicated to the arrested person in writing.
पोलीस कोठडी / न्यायालयीन कोठडी (Marathi & Hindi)
पोलीस कोठडी म्हणजे तपासासाठी आरोपीला पोलिसांकडे ठेवणे — एकूण जास्तीत जास्त १५ दिवस. न्यायालयीन कोठडी म्हणजे आरोपीला जेलमध्ये (उदा. येरवडा) ठेवणे. दोन्ही वेळी जामीन अर्ज करता येतो. जामीन — मराठी माहिती.
पुलिस रिमांड का मतलब है जांच के लिए आरोपी को पुलिस हिरासत में रखना — कुल अधिकतम 15 दिन। न्यायिक हिरासत का मतलब है जेल में रखना। दोनों में जमानत अर्जी दी जा सकती है।
Visiting a person in Yerawada jail (judicial custody)
Family members can meet a prisoner in judicial custody under the jail’s visit (mulakat) rules; Maharashtra prisons also allow visits to be booked online through the e-Mulakat / ePrisons system. Clothing, money and medicines are accepted only as the jail rules permit, so check the current procedure with the jail before visiting. The advocate can meet the accused separately for the case.
This page explains the law in general terms. Every matter turns on its own facts — please speak to an advocate about yours.
More Questions People Ask
This can be raised before the Magistrate at the remand hearing, in a bail application, or through a habeas corpus petition before the High Court where the detention itself is illegal. The Supreme Court has held that the grounds of arrest must be supplied to the arrested person in writing.
Detention for questioning without arrest must not become informal custody, and no one can lawfully demand money for release. Note names, times and the police station, contact an advocate, and complaints can be made to senior officers or the court. A person in custody can request a medical examination if mistreated.