Remand and Custody Rights in Karnataka
Reviewed by the Commoner Law Editorial Team. Sourced from Indian central (Union) law — Constitution of India, central Acts of Parliament, and Supreme Court decisions. State-level information reflects each state's own Acts and High Court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
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 to Do If You Are in Judicial Custody in India and the Charge-Sheet Is Overdue
- 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.
How Karnataka differs from central law
Remand procedures in Karnataka follow the BNSS framework, with oversight by the Karnataka judiciary.
- First production: The arrested person must be produced before the Judicial Magistrate within 24 hours. The Magistrate decides whether to grant police custody (for further investigation) or send the accused to judicial custody (jail).
- Police custody remand: The Magistrate can authorise police custody for a maximum of 15 days (in the first 40 or 60 days, depending on the offence). The accused must be produced before the Magistrate at the end of each remand period.
- Judicial custody: Beyond police custody, the accused is sent to judicial custody (prison). In Karnataka, the accused is typically sent to the Central Prison in Bengaluru (Parappana Agrahara) or the district prison.
- Maximum detention before trial: Under BNSS s. 187, if the investigation is not completed within 60 days (offences up to 3 years imprisonment) or 90 days (more serious offences), the accused is entitled to default bail. The Karnataka High Court has strictly enforced this right.
- Video conferencing: Karnataka courts have adopted video conferencing for remand extensions, particularly after COVID-19 reforms. The accused in judicial custody can appear before the Magistrate via video link from prison for routine remand hearings.
- Legal aid during remand: Every accused produced for remand has the right to legal representation. If they cannot afford a lawyer, the Magistrate must inform the DLSA to provide a legal aid lawyer.
Additional Steps in Karnataka
If you are in custody and not produced before a Magistrate within 24 hours, instruct your lawyer or family to file a habeas corpus petition. Apply for default bail through your lawyer if the chargesheet is not filed within the prescribed period. Contact KSLSA (1516) for free legal aid during remand.
Relevant Law: BNSS, 2023, ss. 187, 190 (remand and default bail); Karnataka Prisons Act, 1963; Legal Services Authorities Act, 1987
Common Questions
When does remand and custody rights 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 I do if I am in custody in India and the police have not filed a charge-sheet within the 60 or 90 day deadline?
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 mistakes should I avoid with remand and custody rights?
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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