Understanding Remand Procedure under BNSS: Legal Framework, Rights of the Accused, and Judicial Oversight The introduction of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 , has led to a series of important changes in India’s criminal justice procedure. One of the most critical stages in criminal prosecution is the remand process , where an arrested person is either sent to police custody or judicial custody. Under BNSS, this process is now governed by Section 187 , replacing the earlier Section 167 of the Code of Criminal Procedure (CrPC). This blog post provides an in-depth explanation of the remand procedure under Section 187 of BNSS , explores the safeguards for the accused, and outlines how courts exercise their discretion during this process. 🔍 1. What is Remand? "Remand" refers to the act of sending an arrested person into custody , either police or judicial, for a specific period, pending investigation or trial. There are two main types of custody: P...
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