What is Procedure when investigation cannot be completed in twenty four hours? Section 167 of Code of Criminal Procedure 1973

 

 

Procedure when investigation cannot be completed in twenty four hours is defined under Section 167 of CRPC 1973. Provisions under these sections are:

 

 Section 167 of CRPC "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 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 the entries in the diary hereinafter prescribed 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 such 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 trial, 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 detention of the accused person, otherwise than in custody of the police, beyond the period of fifteen days if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this section for a total period exceeding sixty days, and on the expiry of the said period of sixty days, the accused person shall be released on bail if he is prepared to and does furnish bail; and every person released on bail under this section shall be deemed to be so released under the provisions of Chapter XXXIII for the purposes of that Chapter;

(b) no Magistrate shall authorise detention in any custody under this section unless the accused is produced before him;

(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.- If any question arises whether an accused person was produced before the Magistrate as required under paragraph (b), the production of the accused person may be proved by his signature on the order authorising detention.

(3) A Magistrate authorising under this section detention in the custody of the police shall record his reasons for so doing.

(4) Any Magistrate other than the Chief Judicial Magistrate making such order shall forward a copy of his order, with his reasons for making it, to the Chief Judicial Magistrate.

(5) If in any case triable by a Magistrate as a summons-case, the investigation is not concluded within a period of six months from the date on which the accused was arrested, 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 and in the interests of justice the continuation of the investigation beyond the period of six months is necessary.

(6) 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.

INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

What is Information in cognizable cases? What is Information as to non-cognizable cases and investigation of such cases? Section 154 and 155 of Code of Criminal Procedure 1973

What is Police officers power to investigate cognizable case? Procedure for investigation? Report how submitted? Power to hold investigation or preliminary inquiry? Section 156, 157, 158 and 159 of Code of Criminal Procedure 1973

Section 160 of Code of Criminal Procedure What is Police Officer's Power to summon witnesses under?.  What are the conditions to issue Summon under section 160 of CRPC? What is the punishment for non Compliance of Summon Section 160 Summon?

Section 161 of Code of Criminal Procedure 1073 What is Examination of Witness by Police?.  What are the conditions for examinations of Witnesses by Police?

Section 162 of Code of Criminal Procedure Is statement to Police to be signed?. Statements of Police not to be signed

What is the meaning of No inducement to be offered? What is the procedure for Recording of confessions and statements? Section 163 and 164 of Code of Criminal Procedure 1973

What is the meaning of No inducement to be offered? What is the procedure for Recording of confessions and statements? Section 163 and 164 of Code of Criminal Procedure 1973

What is Search by police officer? When officer in charge of police station may require another to issue search warrant? Section 165 and 166 of Code of Criminal Procedure 1973

What is Procedure when investigation cannot be completed in twenty four hours? Section 167 of Code of Criminal Procedure 1973

What is Report of investigation by subordinate police officer? What is Release of accused when evidence deficient? What are the Cases to be sent to Magistrate when evidence is sufficient? Section 168, 169 and 170 of Code of Criminal Procedure 1973

Complainant and witnesses not to be required to accompany police officer and not to be subjected to restraint. What is Diary of proceedings in investigation? Section 171 and 172 of Code of Criminal Procedure 1973

What is Report of police officer on completion of investigation? Section 173 of Code of Criminal Procedure 1973

Police to enquire and report on suicide, etc? Section 174 of Code of Criminal Procedure 1973

What is Power to summon persons? What is Inquiry by Magistrate into cause of death? Section 175 and 176 of Code of Criminal Procedure 1973

 
 

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