Section 187 of BNSS : Section 187: Procedure when investigation can not be completed in twenty-four hours.

Explanation using Example

Example 1:

Scenario: Rajesh is arrested on suspicion of committing a serious crime, such as murder, which is punishable by death or life imprisonment.

1. Initial Arrest and Detention: Rajesh is arrested and taken into police custody. The police begin their investigation but realize that they cannot complete it within the 24-hour period mandated by Section 58.
2. Police Action: The officer in charge, who is at least of sub-inspector rank, sends a copy of the case diary to the nearest Magistrate and forwards Rajesh to the Magistrate.
3. Magistrate's Decision: The Magistrate, after considering the case, decides that Rajesh should be detained further. The Magistrate authorizes Rajesh's detention for up to 15 days.
4. Extended Detention: As the investigation continues, the Magistrate finds sufficient grounds to extend Rajesh's detention beyond the initial 15 days. Since the crime is punishable by death or life imprisonment, the Magistrate can authorize detention for up to 90 days in total.
5. Bail Consideration: If the investigation is not completed within 90 days, Rajesh must be released on bail if he can furnish the required bail amount.

Example 2:

Scenario: Priya is arrested for a less severe crime, such as theft, which is punishable by imprisonment for less than ten years.

1. Initial Arrest and Detention: Priya is arrested and taken into police custody. The police begin their investigation but realize that they cannot complete it within the 24-hour period mandated by Section 58.
2. Police Action: The officer in charge, who is at least of sub-inspector rank, sends a copy of the case diary to the nearest Magistrate and forwards Priya to the Magistrate.
3. Magistrate's Decision: The Magistrate, after considering the case, decides that Priya should be detained further. The Magistrate authorizes Priya's detention for up to 15 days.
4. Extended Detention: As the investigation continues, the Magistrate finds sufficient grounds to extend Priya's detention beyond the initial 15 days. Since the crime is punishable by imprisonment for less than ten years, the Magistrate can authorize detention for up to 60 days in total.
5. Bail Consideration: If the investigation is not completed within 60 days, Priya must be released on bail if she can furnish the required bail amount.

Example 3:

Scenario: Arjun is arrested for a crime, and the nearest Judicial Magistrate is unavailable.

1. Initial Arrest and Detention: Arjun is arrested and taken into police custody. The police begin their investigation but realize that they cannot complete it within the 24-hour period mandated by Section 58.
2. Police Action: The officer in charge, who is at least of sub-inspector rank, sends a copy of the case diary to the nearest Executive Magistrate and forwards Arjun to the Executive Magistrate.
3. Executive Magistrate's Decision: The Executive Magistrate, after reviewing the case, authorizes Arjun's detention for up to 7 days.
4. Further Action: Before the 7-day period expires, the Executive Magistrate transmits the case records to the nearest Judicial Magistrate, who then decides on further detention or release on bail.

Example 4:

Scenario: Meera, a 17-year-old girl, is arrested for a crime.

1. Initial Arrest and Detention: Meera is arrested and taken into police custody. The police begin their investigation but realize that they cannot complete it within the 24-hour period mandated by Section 58.
2. Police Action: The officer in charge, who is at least of sub-inspector rank, sends a copy of the case diary to the nearest Magistrate and forwards Meera to the Magistrate.
3. Magistrate's Decision: The Magistrate, after considering the case, decides that Meera should be detained further. However, since Meera is under 18, the Magistrate orders that she be detained in a remand home or a recognized social institution instead of police custody.
4. Extended Detention: The Magistrate can authorize Meera's detention for up to 60 or 90 days, depending on the severity of the crime, following the same rules as for adults.

Example 5:

Scenario: Ravi is arrested for a crime that is triable as a summons-case, and the investigation is prolonged.

1. Initial Arrest and Detention: Ravi is arrested and taken into police custody. The police begin their investigation but realize that they cannot complete it within the 24-hour period mandated by Section 58.
2. Police Action: The officer in charge, who is at least of sub-inspector rank, sends a copy of the case diary to the nearest Magistrate and forwards Ravi to the Magistrate.
3. Magistrate's Decision: The Magistrate authorizes Ravi's detention for up to 15 days and subsequently extends it as needed.
4. Six-Month Period: If the investigation is not concluded within six months from the date of Ravi's arrest, the Magistrate orders the investigation to stop unless the investigating officer provides special reasons for its continuation.
5. Sessions Judge's Intervention: If the investigation is stopped, the Sessions Judge can review the case and, if satisfied, order the continuation of the investigation with specific directions regarding bail and other matters.