“Segmented custody” (or staggered police custody) refers to a significant change in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaces the Code of Criminal Procedure (CrPC). Under Section 187 of the BNSS, the 15-day maximum police custody period no longer needs to be taken consecutively within the first 15 days of arrest. “Segmented custody” is Police custody which is broken into segments.
Instead, the police can now take custody in “whole or in parts” at any time within a larger window of the initial 40 or 60 days of the total 60/90 days investigation period.
- 15-Day Limit Staggered: While the total number of days an accused can be in police custody remains capped at 15, the police can distribute these 15 days over a longer duration.
- 40/60 Day Window: For offenses punishable by up to 10 years, police custody can be sought within the first 40 days. For more serious offenses (more than 10 years, life imprisonment, or death), this window is extended to the first 60 days.
- Impact on Bail: This provision significantly delays the possibility of bail. Under the old CrPC, after the first 15 days, an accused was usually sent to judicial custody, reducing the risk of further interrogation. Under BNSS, an accused can be pulled out of jail for interrogation weeks or months after their initial arrest.
- Operational Flexibility for Police: It allows police to take custody in segments, such as 3 days initially for questioning, followed by judicial custody, and then another 5 days of police custody later after analyzing evidence or forensic reports.
- CrPC 167: Police custody was limited to the first 15 days only. Subsequent remand had to be judicial custody.
- BNSS 187: Police custody can be claimed in segments (e.g., 2 days, 5 days, 8 days) anytime during the initial 40/60 days.
This provision has been criticized by civil rights activists as a “retrograde step” that increases the risk of custodial torture and weakens individual liberties, as the looming threat of police custody remains for a longer period.
Note: The Supreme Court has affirmed that for offenses with punishment up to 10 years, this 15-day custody must be sought within the first 40 days