Headline
The Supreme Court of India upholds ruling of HC of Karnataka on period of police custody under BNSS.
Summary
The Supreme Court of India declined a plea challenging the judgment of the Karnataka High Court, which shed light that police custody U/S 187 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) must sought the offences within 40 days which are punishable up to 10 years of imprisonment.
Key Facts
- Case Name: Hyder Ali v. State of Karnataka
- Judges Name: Justice Sudhanshu Dhulia and Justice Prashant Kumar Mishra (SC); Justice M. Nagaprasanna (Karnataka HC).
- The Magistrate refused police custody of accused persons under Sections 108, 308(2), 308(5), 351(2), and 352 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
- The High Court of Karnataka held that the police custody of 15 days must be utilized within the first 40 days of the 60 day investigation period for crimes which are said to be punishable upto 10 years of imprisonment .
- Advocate Amit Pai represented the complainant/petitioner before the Supreme Court of India .
Legal Insights
Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita( BNSS) line up with Section 167(2) of the Criminal Procedure Code (CrPC), but BNSS describes a stricter limit of 40-day for seeking police custody in offences of 10 years’ imprisonment.
Impact
This ruling of the Supreme Court of India makes sure of stricter timelines for police custody, encouraging sticking to investigation deadlines.
Why It Matters
The decision shed light on the procedural significance under BNSS, stressing on the requirement for fast and efficient investigations, balancing the rights of the accused and prosecution efforts .
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