Remand in India: Meaning, Types (Police and Judicial Custody) and Limits (2026)
What remand means in India, how police custody differs from judicial custody, how long remand can last, and when an accused gets default bail. Last verified October 2026.
Explainer · Criminal Procedure
Remand is the court ordering an accused to be kept in custody, either police custody (for investigation) or judicial custody (in jail), while the investigation or case continues, with strict time limits. Many people confuse the two kinds of custody and the clocks that run on them. This page explains both in simple words, the limits of 15, 60 and 90 days, and what default bail means.
- Remand: a court order keeping an accused in custody while the investigation or case continues.
- Two types: police custody (for questioning) and judicial custody (in jail).
- Limits: police custody up to 15 days in total, and the investigation period is 60 or 90 days.
- Default bail: a right to bail if the chargesheet is not filed within that period.
- Law: s.167 CrPC, now s.187 BNSS.
01What remand means
Remand means a court order that sends or keeps an accused person in custody for a fixed period. It is used when a person has been arrested and the police need more time to investigate, or when the trial is still going on.
Why remand exists
Under Article 22 of the Constitution, a person who is arrested must be produced before a magistrate within 24 hours, not counting travel time. The police cannot hold the person longer on their own. Only a magistrate can allow further custody, and that order is the remand order.
The law behind it
Remand during investigation was governed by section 167 of the Code of Criminal Procedure, 1973. After the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) came into force on 1 July 2024, the same rules sit in section 187 BNSS. Cases that began before that date are still read under the old Code, so older orders and judgments will refer to s.167 CrPC.
Remand is the court, not the police, deciding that a person stays in custody. Every day of it must be backed by a magistrate’s order.
02Police custody vs judicial custody
Police custody and judicial custody are the two kinds of remand, and the difference is who holds the accused and why.
| Point | Police custody | Judicial custody |
|---|---|---|
| Who holds the accused | The investigating police | The jail authorities, under the court |
| Purpose | Questioning and investigation, such as recovery or confrontation | Safe custody while investigation or trial goes on |
| Where | Police station or lock-up | Jail |
| Limit | Up to 15 days in total during investigation | Up to the 60 or 90 day investigation period, then default bail if no chargesheet |
| Who orders it | Magistrate, on the police request with reasons | Magistrate, on production of the accused |
Police custody
In police custody the accused is questioned by the investigating officer. The magistrate must be given reasons why custodial interrogation is needed. Police custody is the more intrusive form, so courts look at the request with care. The accused has the right to a lawyer, and a medical check is required.
Judicial custody
In judicial custody the accused is lodged in jail and is under the control of the court. The police cannot question the person freely there without the court’s permission. Most accused spend the longer part of remand in judicial custody.
For the step where a court takes notice of an offence, see our explainer on what cognizance means. For the option of seeking protection before arrest, see anticipatory bail in India.
03Time limits and default bail
The law sets a ceiling on how long an accused can be kept in remand during investigation, and the 15, 60 and 90 day figures are the ones to remember.
The 15 day limit
A magistrate can authorise detention of up to 15 days at a time. Police custody can run for a total of 15 days. Under s.167 CrPC this had to be taken in the first 15 days after arrest. Under s.187 BNSS the 15 days can be taken in whole or in parts, and the police can ask for it later in the investigation period (the first 40 days in 60-day cases, the first 60 days in 90-day cases).
The 60 and 90 day limits
The total period of remand during investigation is capped:
- 90 days: where the offence is punishable with death, life imprisonment, or imprisonment of ten years or more.
- 60 days: for any other offence.
The count runs from the date of the first remand order by the magistrate. Special laws can set different periods, so always check the statute under which the case is registered.
What is default bail
Default bail, also called statutory bail, is a right to be released on bail when the police fail to file the chargesheet within the 60 or 90 day period. It is not based on the merits of the case. It arises under the proviso to s.167(2) CrPC, now s.187(3) BNSS. The accused must be ready to furnish bail, and the right is lost in practice if it is not claimed before the chargesheet is filed.
Default bail needs action
The right does not apply itself. The accused or the lawyer must apply to the court once the period ends and before the chargesheet is filed. Keep a clear count of days from the first remand order.
04How remand is extended
Remand is extended only by a fresh order of the magistrate, and it cannot be extended by the police or the jail on their own.
The usual steps
- The accused is produced before the magistrate within 24 hours of arrest, with the case diary and a remand application.
- The magistrate hears both sides and decides whether to send the accused to police or judicial custody.
- Before each period ends, the accused is produced again, in person or by video link where allowed, and the magistrate passes a fresh order.
- No single order can go beyond 15 days at a time, and the total cannot go beyond the 60 or 90 day cap without default bail arising.
What the defence can do
The lawyer can oppose the request for police custody, point out gaps in the reasons, ask for the order to be recorded properly, and raise the day count when the cap is near. Strong remand work depends on tracking dates exactly.
After the chargesheet
Once the chargesheet is filed and the court takes cognizance, custody continues under the court’s general powers, and the accused can apply for regular bail. The 60 and 90 day limits no longer apply in the same way.
05Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Remand work is date work. Lawyers on criminal matters have to track the remand date, the production date and the 60 or 90 day count across many accused at once. A system that keeps hearing dates, cause lists and alerts in one place helps avoid missing a default bail window. See our guide to case management software for criminal lawyers in India.
06Sources and further reading
- Bharatiya Nagarik Suraksha Sanhita, 2023 and the Code of Criminal Procedure, 1973: indiacode.nic.in
- Supreme Court of India (official judgments): sci.gov.in
- Claw: clawlaw.in
This page is general information, last verified October 2026, and is not legal advice. Check the current text of the law for your case.
07Frequently asked questions
What is remand?
Remand is a court order that keeps an accused person in custody while the investigation or case goes on. The custody can be police custody or judicial custody. It is limited by time, and only a magistrate can order it or extend it.
What is the difference between police custody and judicial custody?
In police custody the accused is held by the police for questioning, for up to 15 days in total. In judicial custody the accused is held in jail under the court. Police custody is for investigation, and judicial custody is for safe custody.
What is the maximum remand period?
Police custody can be up to 15 days in total. The overall remand during investigation is capped at 90 days for offences punishable with death, life or ten years or more, and 60 days for other offences. After that, default bail arises if no chargesheet is filed.
What is default bail?
Default bail is a right to be released on bail when the police do not file the chargesheet within the 60 or 90 day period. It does not depend on the merits of the case. It comes from s.167(2) CrPC, now s.187(3) BNSS, and it must be claimed before the chargesheet is filed.
Is s.167 CrPC replaced by BNSS?
Yes. The remand rules of s.167 CrPC are now in s.187 BNSS 2023, which came into force on 1 July 2024. Older cases may still be read under the CrPC. The BNSS also lets police custody be taken in parts within the investigation period.