#police custody

The Supreme Court ruled that the statutory absolute limit on police-custody duration under the BNSS is invalid, allowing police to question accused persons outside prison premises. However, the right of an accused to have an advocate present is confined to narrowly defined situations, reshaping investigative practice nationwide.

Karnataka High Court quashes a 14-day police custody order despite prior anticipatory bail, holding that subsisting bail cannot be overridden without cancellation by a competent court. The ruling reinforces that police custody orders issued in contravention of valid anticipatory bail are legally unsustainable.

Andhra Pradesh High Court modifies police custody conditions under BNSS Section 528, mandating videographic documentation and accused safety during scene reconstruction. The ruling establishes a precedent for balancing investigative powers with constitutional safeguards, ensuring transparency in custodial interrogations.

Telangana High Court dismisses an appeal against a second police custody order under UAPA but mandates that applications must detail specific investigative needs. The court also directs humane interrogation hours for the 64-year-old accused, reinforcing procedural safeguards in terror-related investigations.

Karnataka High Court rules that anticipatory bail granted under Section 438 CrPC remains valid even if new offences are added to the FIR, unless it is lawfully cancelled under Section 439(2) CrPC. The decision underscores that police custody cannot override subsisting anticipatory bail without proper legal cancellation.

Uttarakhand High Court mandates interim release of seized vehicles under judicial safeguards if the owner is not chargesheeted, reinforcing the Supreme Court's ruling in Sunderbhai Ambalal Desai that prolonged detention without trial causes undue hardship and depreciation. The decision underscores the need for expeditious judicial oversight to prevent arbitrary deprivation of property rights under criminal procedure.