Interim Bail Period to be Excluded from Police Custody Limit Under Section 187 BNSS: Delhi High Court

The Delhi High Court has held that the period during which an accused is on interim bail must be excluded while computing the maximum time permitted for police custody under Section 187(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Restoring medical bail granted to a murder accused, the Court clarified that only actual days spent in custody count toward the statutory limit.

It ruled that interim bail on medical grounds does not curtail the prosecution’s right to seek custodial interrogation within the permissible period.

Emphasising the purpose of medical bail, the Court observed that improvement in health alone is insufficient to justify its premature cancellation.

[Neeraj Kumar v. State NCT of Delhi]