May 7, 2026

Police Custody And judicial Custody ( Section 167 – CrPC )

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Procedure when investigation cannot be completed in twenty – four hours :- 1 . whenever any person is arrested and detained in custody and it appears that the investigation cannot be completed within in the period of twenty four – hours fixed by section 57 , and there are grounds for believing that the accusation or information is well – founded , the officer in charge of the police station or the police officer making the investigation , if he is not below the rank of sub – inspector ,shall forthwith transmit to the nearest judicial magistrate a copy of entries in the dairy hereinafter prescribe relating to the case, and shall at the same time forward the accused to such Magistrate . 2 . The magistrate to whom an accused person is forwarded under this section may , whether he has or has not jurisdiction to try the case , from time to time , authorise the detention of the accused in such custody as much Magistrate thinks fit for a term not exceeding fifteen days in the whole and if he has no jurisdiction to try the case or commit it for trail , and considers further detention unnecessary , he may order the accused to be forwarded to a Magistrate having such Jurisdiction . provided that :- (a) The magistrate may authorise the detention of the accused person , otherwise that in the custody of the police ,beyond the period of fifteen days , if he is satisfied that adequate exist for doing so, but no magistrate shall authorise the detention of the accused person in custody under this paragraph for a total period exceeding ninety days , where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years. (b) NO magistrate shall authorised the detention of the accused person otherwise then in the custody of the police beyond the period of sixty days , if he satisfy that adequate ground exist for doing so but no magistrate shall authorise the detention of accused person in custody under this paragraph for a total period exceeding sixty days the investigation relates to any other offence . ( c ) NO magistrate of the second class , not specially empowered in this behalf by the High court , shall authorise detention in the custody of the police . Explanation 1 :- For the avoidance of doubtes ,it is hereby declared that , not with standing the expiry of the period specified in paragraph (a) , the accused shall be detained in custody so long as he does not furnish bail .


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