Critical Analysis of Extension of Police Custody to 90 Days under New Criminal Law 187(3) of the BNSS: Constitutional & Human Rights Concern

Abstract

The new criminal law dealing with the police custody under BNSS previously CRPC has raised issues on basic human rights of the accused due to the extension of police custody from 15 days to 90 days, this new act of BNSS has been getting criticism for the prolonged period of custody . The new act has removed the period of police custody from first 15 days from the time of arrest and now the recent statute hampers accused fundamental rights,as police can summon indicted person at any time under the period of 60 or 90 days from the date of crime .The new criminal law can arise concerns on custodial torture which is very common in indian police stations ,it will raise concern over the mental and physical wellbeing of the person .it also raises concerns over the constitutional implications of the said act due to the ambiguity in framing article 187 will lead to different interpretations . The constant change in nature of the police custody and the judicial custody may arise issues and can hamper the fundamental rights of the accused . Given paper discusses the issues of section 187 of the BNSS and analyses the concerns it brings to the common people ,this article is solely restricted to the section that deals with police custody given in new law and the previous provisions of the same under CRPC .