BENGALURU: Clarifying that completion of investigation for offences in which punishment is up to 10 years, is undoubtedly 60 days, and the rest of the offences -- be it death, life imprisonment of 10 years and more -- would be 90 days, the Karnataka High Court said if investigation is to be completed within 60 days, the period of police custody will run from day 1 to day 40 of registration of the crime. If it is 90 days, it would run from day 1 to day 60, the maximum period in both cases is 15 days of police custody, the court said.
“A slight tweak in the new regime qua 187(3) of BNSS in juxtaposition to Section 167(2) of the earlier regime - the CrPC has not changed the purpose of the provision,” the court said, interpreting the period of police custody.
Justice M Nagaprasanna passed the order while dismissing appeals filed by the state government against orders dated December 4, 2024, passed by the trial court, rejecting the prosecution’s request for grant of police custody of the accused sought by Kavoor police in Mangaluru.
Referring to the offence in the case, the high court said it does not bear a minimum threshold sentence of ten years, but is extendable to ten years, which would mean, discretion is available to the court to impose punishment up to ten years. Therefore, the minimum threshold is not ten years and therefore, police custody is only from day 1 to day 40, the high court said while confirming orders passed by the trial court.