Remand and Custody Rights
Written in plain language to promote general understanding. This is educational information, not legal advice. Based on Indian central (Union) law — Constitution of India, central Acts of Parliament, and Supreme Court decisions.
Indian Central Law
What is this right?
Remand is the legal process by which a magistrate authorises continued police or judicial detention after the initial 24-hour production.
- Police custody remand (PCR — BNSS s. 187): A magistrate may authorise police custody for up to 15 days in total (in tranches). The police must show specific reasons why custody is needed (e.g., recovery of evidence, interrogation of co-accused).
- Judicial custody: Beyond police custody, the accused is held in jail under judicial custody. Total judicial custody before the charge-sheet (challan) is filed cannot exceed 60 days (offence carrying less than 10 years) or 90 days (offence carrying 10 years or more, including death). If the charge-sheet is not filed within this period, the accused is entitled to default bail (also called statutory bail) on furnishing surety — this right is indefeasible.
- Default bail (BNSS s. 479): If the charge-sheet is not filed within 60/90 days, you can apply for bail even if you are charged with a heinous offence — the court has no discretion to refuse once the period has expired and the charge-sheet has not been filed.
- You must be produced before the magistrate on every remand date — the magistrate must personally assess whether further remand is justified.
When does it apply?
- You are in custody pending investigation and the police are seeking repeated remands.
- You have been in judicial custody for more than 60 or 90 days (depending on the offence) and the charge-sheet has not been filed.
- You are being remanded to police custody and you believe it is for purposes other than legitimate investigation.
What should you do?
- Keep track of the exact date of your arrest — calculate the 60/90-day default bail clock from that date.
- Have your lawyer file an application for default bail immediately on the day after the period expires if the charge-sheet has not been filed.
- At each remand hearing, have your lawyer object to unnecessary or mechanically granted remands — the Supreme Court has cautioned magistrates against rubber-stamping remand applications.
- Approach the Sessions Court or High Court for bail if the magistrate refuses despite the charge-sheet deadline having passed.
What should you NOT do?
- Do not miss the default bail deadline — once you get default bail and are released, if you do not file within time, the police may file the charge-sheet and resume custody.
- Do not assume police custody remand is automatically extended — each extension requires fresh application and judicial order.
- Do not allow remand hearings to proceed without your lawyer present — the right to counsel during remand hearings is fundamental.
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