Section 57 of the Criminal Procedure Code says that no person arrested without a warrant shall be detained in the police officer’s custody for a longer period than what is reasonable. Such a reasonable period shall not exceed twenty-four hours.
Section 167 of the Criminal Procedure Code provides for the procedure when investigation cannot be completed within twenty-four hours. If the police consider such detention is required to complete the investigation, then prior permission is to be obtained from the magistrate. There should be grounds to believe that the accusation against the accused is well-founded.
For such permission, the police shall approach the nearest magistrate whether having jurisdiction or not.
Conditions When a Person can be Detained Beyond 24 Hours
1. Person should be arrested and detained in custody.
2. It must appear to the police that the investigation cannot be completed within the twenty-four hours of his arrest as fixed under section 57 of the Criminal Procedure Code.
3. The officer-in-charge of the police station making the investigation has grounds to believe that the accusations against the arrested person are well-founded.
4. The officer in charge of the police station making the investigation shall forward him to the nearest magistrate.
Object of Section 167 CrPC
Section 167 of the Criminal Procedure Code aims to protect the accused and ensures the arrested person is brought before the magistrate with the least possible delay. This is to decide whether detention beyond 24 hours is required or not.
The magistrate may either:
(a) release him on bail, or
(b) remand him.
The Judicial Magistrate to whom the accused is forwarded whether he has got jurisdiction to try the case or not may authorise the detention of the accused in the police custody for a term not exceeding 15 days on the whole. The order of detention beyond a period of 15 days by a magistrate having jurisdiction or not will be illegal.
In CBI vs Anupam Kulkarni, 1992, the Supreme Court has held that police remand should not be restored after 15 days of arrest.
Maximum Period of Detention under CrPC
Provision of Section 167(2) of the Criminal Procedure Code states that if the detention for a period beyond 15 days is considered necessary by the magistrate, he may authorise judicial custody only:
(a) For a total period of not exceeding 90 days where the offence regarding which investigation is being done is punishable with death, imprisonment for life or imprisonment for a term not less than 10 years.
(b) For a total period not exceeding 60 days where the offence is any other offence.
Section 167(2A) of CrPC provides that if the accused is produced before an executive magistrate, he may authorise the detention of the accused in such custody for not more than seven days in aggregate after recording his reason for doing so.
Default Bail
On the expiry of 90 days or 60 days as the case may be, if the investigation is not completed, the accused person shall be released on bail if he is prepared to do so and does furnish bail.
It is to be noted that the period of 90 or 60 days as the case may be is to be computed from the date the magistrate authorises detention of an accused person.
The person so released under section 167(2) of the Criminal Procedure Code shall be deemed to be released under provisions of chapter XXXIII of the Criminal Procedure Code relating to the provisions of bail and bonds.
When an Investigation is not Completed in a Summons Case
Section 167(5) of the Criminal Procedure Code provides that when the case being investigated is a summons case and the investigation is incomplete within six months from the date of arrest. In this situation, the magistrate may make an order to stop further investigation. But such investigation will not be stopped if the officer investigating the offence satisfies the magistrate for a special reason, or it is in the interest of justice for the investigation to be continued beyond six months.
- What Is a Foreign Judgement and When It’s Not Binding in India - 26th July 2022
- What Are Second Appeals Under Civil Law - 23rd June 2022
- Civil Appeal as Per the Civil Procedure Code - 12th June 2022
