The Future Of Pre-Trial Detention In India: Rethinking Section 187 BNSS
- IJLLR Journal
- Nov 21
- 1 min read
Mallika SK, CMR School of Legal Studies
ABSTRACT
Remand is a vital component of India’s criminal procedure framework, designed to balance investigative requirements with the constitutional protection of personal liberty. Section 187 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, continues the structure earlier contained in Section 167 of the Code of Criminal Procedure, 1973, while introducing limited modernizations such as flexible police custody, electronic production of accused persons, and enhanced safeguards for vulnerable groups. Judicial decisions—from Anupam J. Kulkarni to Rakesh Kumar Paul—have played a crucial role in defining the contours of lawful detention and affirming the accused’s right to default bail once statutory timelines expire. A comparative look at the United Kingdom and United States demonstrates that these jurisdictions impose far tighter controls on pre-trial detention, treating bail as the primary rule. In contrast, India’s extensive reliance on judicial custody has contributed to a high undertrial population and raises concerns under international standards such as Article 9 of the ICCPR, which emphasizes speedy trials and minimal pre-trial detention. This paper evaluates the continuities and reforms introduced under Section 187 BNSS, analyses the jurisprudence governing remand and default bail, and highlights the need for stronger judicial scrutiny and alternative custodial models to ensure that the right to personal liberty remains meaningfully protected.
