Jan 11, 2018
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Procedure when investigation cannot be completed in twenty-four hours

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Procedure when investigation cannot be completed in twenty-four hours ( section 167)

  • Any person arrested and detained, and it appears that the investigation within twenty four hours cannot completed. There are also grounds to believe that the accusation well founded. The officer in charge, not below the rank of sub-inspector, shall submit the copy of entries in the diary to the nearest Judaical Magistrate. It shall also present the accused in front of such Magistrate.
  • The Magistrate before whom the accused presented, may detain the accused in the custody. The period of custody shall not exceed the term of fifteen days in whole. If he has no jurisdiction to try, or thinks detention unnecessary, may froward the accused to the magistrate having  jurisdiction.
    Provided that—

    1. the Magistrate may authorize the detention of the accused person for period beyond fifteen days. If he satisfies himself that reasonable grounds exist for doing so. But no magistrate shall authorize the detention of accused person for total period , exceeding—
      1. ninety days, for investigation relates to an offence punishable with death, life imprisonment  or imprisonment for a term of not less than ten years;
      2. sixty days, where the investigation relates to any other offence. On the expiry of the said period of ninety days, or sixty days, the accused person shall released on bail if he prepares to and does furnish bail. Every person released on bail under this Sub-Section shall deemed to released under the provisions of Chapter XXXIII for the purposes of that Chapter;
    2. The officer in charge of the police station or the police officer making the investigation, may transmit the copy of entry in diary relating to the case to Executive magistrate. Also record the reason in writing. It also authorizes the detention of the accused person in such custody as he may think fit for a term not exceeding seven days in the aggregate.
    3. On the expiry of the period of detention so authorized, the accused person shall released on bail. Except  an order for further detention of the accused person has made by a competent Magistrate . Where an order for such further detention made, the period during which the accused person detained in custody.

      Provided that before the expiry of the period, the Executive Magistrate shall transmit to the nearest Judicial Magistrate. The records of the case together with a copy of the entries in the diary relating to the case.

      Provided further that in case of a woman under eighteen years of age. The detention shall authorized to be in the custody of a remand home or recognized social institution.

  • A Magistrate authorizes detention in the custody of the police shall record his reasons for so doing.
  • Any Magistrate making such order shall forward a copy of his order to the Chief Judicial Magistrate. It should also contain the reasons for passing such order.
  • The investigation not concluded within a period of six months from the date of the accused arrested, by the Magistrate trying the summon case. The Magistrate shall make an order stopping further investigation into the offence. Unless the officer making the investigation satisfies the Magistrate that for special reasons. It may also in the interests of justice investigation necessary to continued beyond the period of six months.
  • Where any order stopping further investigation into an offence has been made under Sub-Section (5), the Sessions Judge may, if he is satisfied, on an application made to him or otherwise, that further investigation into the offence ought to be made, vacate the order made under Sub-Section (5) and direct further investigation to be made into the offence subject to such directions with regard to bail and other matters as he may specify.
Article Categories:
Criminal law

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