The Supreme Court of India has clarified that the police custody of an accused person is not limited to the first 15 days after an arrest.
The bench stated that the 15-day custody period can be during anytime within the overall duration of the investigation, which is either 60 or 90 days. The Court disagreed with a previous ruling from 1992 and referred the issue to a larger bench. The current interpretation of the law under the Criminal Procedure Code (CrPC) allows for a police custody that spans over the entire investigation period, as long as the detention does not exceed 15 days at a time.
The term ‘custody’ in Section 167(2) of the CrPC includes not only police custody but also custody by other investigating agencies. The Court further clarified that any factors beyond the control of the investigating agency, such as external circumstances or court orders, cannot restrict the 15-day custody period.
Additionally, the Court emphasized that Section 41A of the CrPC, which mandates a notice before arrest, does not apply to arrests made under the Prevention of Money Laundering Act (PMLA).
The PMLA has its own mechanism for arrests, in line with its objective of tackling money laundering. The judgment also highlighted that an accused under investigation is not expected to be aware of the central agency’s findings until the summons is issued.
The Court clarified that once an arrestee is produced before a jurisdictional magistrate under Section 19(3) of the PMLA, a writ of habeas corpus cannot be filed since custody becomes judicial. The Court stated that a writ can only be filed when the detention is illegal, not against an order of remand. The challenge to an order of remand should be made in accordance with the statute.
Case Title: V. SENTHIL BALAJI V/s STATE
Citation: CRIMINAL APPEAL NOS. 2284-2285 of 2023