Remand and Custody Rights in West Bengal
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 how a magistrate authorises continued police or judicial detention after the first 24 hours. There are two types — and two clocks — that every accused person and every family member needs to track.
- Police Custody Remand (PCR — BNSS s. 187): a magistrate can authorise police custody up to 15 days total, granted in tranches. The police have to show specific need — recovery of evidence, interrogation of a co-accused.
- Judicial custody: after PCR, the accused goes to jail. Total judicial custody before the charge-sheet (challan) is capped at 60 days (sentence under 10 years) or 90 days (10 years and above, including death). Miss that and the accused is entitled to default bail.
- Default bail (BNSS s. 479): if the charge-sheet has not been filed within 60/90 days, bail must be granted on furnishing surety — even on a heinous charge. The Supreme Court calls this right "indefeasible". Magistrates cannot refuse it.
- You must be physically produced before the magistrate at every remand date. The magistrate is required to apply their own mind — not rubber-stamp.
Arnab Manoranjan Goswami v. State of Maharashtra (2021) is the recent reminder from the Supreme Court that mechanical remands violate Article 21.
When does it apply?
- You are in custody pending investigation and the police keep asking for fresh remands.
- You have been in judicial custody more than 60 or 90 days and no charge-sheet has been filed.
- You are being sent back to police custody and the reason looks more like punishment than investigation.
What to Do If You Are in Judicial Custody in India and the Charge-Sheet Is Overdue
- Note the exact date of arrest. The 60/90-day default-bail clock runs from that date — not from when judicial custody began.
- Get your lawyer to file the default bail application on the very day the period ends if the charge-sheet hasn't dropped.
- At each remand hearing, have your lawyer object to mechanical extensions. The Supreme Court has been clear: magistrates must apply their mind.
- If the magistrate still refuses despite an expired deadline, move the Sessions Court or High Court.
What should you NOT do?
- Don't miss the default-bail window. Once it lapses and the charge-sheet drops, the right disappears.
- Don't assume PCR rolls forward by itself. Each extension is a fresh application and a fresh judicial order.
- Don't let remand hearings happen without your lawyer. The right to counsel at remand is fundamental, not optional.
How West Bengal differs from central law
When an arrested person is produced before a Magistrate in West Bengal, the police may request remand — either police custody (for further interrogation) or judicial custody (detention in jail). Under the BNSS, police custody cannot exceed 15 days in total. Judicial custody cannot exceed 60 days for offences punishable with less than 10 years imprisonment, and 90 days for offences punishable with 10 years or more or death.
The Magistrate must satisfy themselves that there are sufficient grounds for remand. The arrested person has the right to be heard before a remand order is passed, and to have their lawyer present. The Calcutta High Court has held that Magistrates must apply their mind independently and not mechanically grant remand at the prosecution's request.
At the end of the maximum remand period, if the police have not filed a charge-sheet (now called the charge-sheet under BNSS), the accused has a right to be released on default bail. The Calcutta High Court has consistently upheld the right to default bail as an indefeasible right that cannot be taken away even if the charge-sheet is filed shortly after the deadline.
Additional Steps in West Bengal
When produced before the Magistrate, inform the court if you have been mistreated in custody. Request legal aid if you do not have a lawyer. If the maximum remand period has expired without a charge-sheet, apply for default bail immediately. The right to default bail must be exercised before the charge-sheet is filed. Consult your lawyer or contact WBSLSA at 15100 for free legal aid. Remand hearings take place at the Chief Judicial Magistrate's Court in each district.
Relevant Law: Bharatiya Nagarik Suraksha Sanhita, 2023, Sections 187 and 479 (default bail); Calcutta High Court criminal precedents on default bail
Common Questions
When does remand and custody rights apply?
You are in custody pending investigation and the police keep asking for fresh remands.You have been in judicial custody more than 60 or 90 days and no charge-sheet has been filed.You are being sent back to police custody and the reason looks more like punishment than 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?
Note the exact date of arrest. The 60/90-day default-bail clock runs from that date — not from when judicial custody began.Get your lawyer to file the default bail application on the very day the period ends if the charge-sheet hasn't dropped.At each remand hearing, have your lawyer object to mechanical extensions. The Supreme Court has been clear: magistrates must apply their mind.If the magistrate still refuses despite an expired deadline, move the Sessions Court or High Court.
What mistakes should I avoid with remand and custody rights?
Don't miss the default-bail window. Once it lapses and the charge-sheet drops, the right disappears.Don't assume PCR rolls forward by itself. Each extension is a fresh application and a fresh judicial order.Don't let remand hearings happen without your lawyer. The right to counsel at remand is fundamental, not optional.
Remand and Custody Rights in other states
Same topic, different jurisdiction. Pick the one that applies to you.