Section 187 BNSS: Mandatory Judicial Oversight and the Case of Hospitalised Arrestees

Understanding Section 187 of the BNSS, 2023

With the launch of the Bharatiya Nyaya Sanhita (BNSS), 2023, Section 187 replaces Section 167 of the CrPC, governing the remand procedure for arrested individuals. It mandates that:

• Every arrested person must be produced before a magistrate within 24 hours of arrest, excluding travel time.
• The magistrate, upon production, may authorize detention in either police or judicial custody, depending on the stage of investigation and nature of the offence.
• Even in cases where physical production is not possible (e.g., due to illness or medical emergency), judicial scrutiny must still occur through alternate means like video conferencing or a personal visit.

The purpose of Section 187 is to prevent arbitrary detention and ensure magistrate-led oversight of police actions, reinforcing the protections under Article 22(2) of the Constitution of India.

The Gauhati High Court Ruling: Bittu Kumar v. State of Assam

In a recent order dated June 2, 2025, the Gauhati High Court interpreted Section 187 in the context of a hospitalised arrestee. The case involved Bittu Kumar, arrested for ATM card fraud, who sustained injuries while trying to escape and was admitted to hospital. Due to his medical condition, the police did not produce him before the magistrate within 24 hours and instead forwarded a report.

However, the magistrate failed to verify the arrestee’s status, neither through video conferencing nor by visiting the hospital, and also did not pass any formal remand order during the accused’s 45-day hospital stay.

Court’s Observations and Significance

The Court held that violated Section 187 BNSS and Article 22(2). The High Court clarified that:

• Even if an arrestee is hospitalised, the requirement of magistrate verification does not lapse.
• No person can be kept in custody beyond 24 hours without a proper remand order.
• Magistrates are duty-bound to verify the arrestee’s status via VC or personal visit and pass an appropriate order.

In the absence of such oversight, the arrest becomes illegal after 24 hours, and the custody is considered unauthorised. Accordingly, the Court granted bail to the accused, emphasizing the importance of timely judicial review.

Conclusion

As earlier noted, the decision of the Gauhati High Court provided a substantial justification for upholding the complete sustenance of Section 187 BNSS which states that magistrates must engage in the remand process even if in certain situations like being sick. It emphasizes both the judicial need to always provide supervision to matters brought before them and that their intervention cannot be overlooked, no matter how dire the claimed circumstance such as ill health may appear.