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Code of Criminal Procedure

(CRPC)

Procedure when investigation cannot be completed in twenty-four hours.

Chapter 12: Information To The Police And Their Powers To Investigate

Section: 167

(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 the detention of the accused person, otherwise than in the 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 paragraph for a total period exceeding, - [Substituted by Act 45 of 1978, Section 13, for paragraph (a) (w.e.f. 18-12-1978).]

(i)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;

(ii)sixty days, where the investigation relates to any other offence, and, on the expiry of the said period of ninety days, or sixty days, as the case may be, 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 sub-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 of the accused in custody of the police under this Section unless the accused is produced before him in person for the first time and subsequently every time till the accused remains in the custody of the police, but the Magistrate may extend further detention in judicial custody on production of the accused either in person or through the medium of electronic video linkage.] [Substituted by the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), Section 14 (a) (i), for Cl. (b). Prior to its substitution, Cl (b) read as under.-[(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 I - For the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of the period specified in paragraph (a), the accused shall be detained in custody so long as he does not furnish bail.] [Original Explanation numbered as Explanation II thereof and Explanation I inserted by Act 45 of 1978, Section 13 (w.e.f. 18-12-1978).][Explanation II. - If any question arises whether an accused person was produced before the Magistrate as required under clause (b), the production of the accused person may be proved by his signature on the order authorising detention or by the order certified by the Magistrate as to production of the accused person through the medium of electronic video linkage, as the case may be:] [Substituted by the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), Section 14 (a) (ii), for Explanation II. Prior to its substitution, Explanation II read as under :- [Explanation II. - If any question arises whether an accused persons 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].][Provided further that in case of woman under eighteen years of is, the detention shall be authorised to be in the custody of a remand home or recognized social institution.] [Inserted by the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), Section 14 (b).][(2-A) Notwithstanding anything contained in sub-section or (1) sub-section (2), the officer-in-charge of the police station or the police officer making the investigation, if he is not below the rank of a sub-inspector, may, where a Judicial Magistrate is not available, transmit to the nearest Executive Magistrate, on whom the powers of a Judicial Magistrate, or Metropolitan Magistrate have been conferred, a copy of the entry in the diary, hereinafter prescribed relating to the case, and shall, at the same time, forward the accused to such Executive Magistrate, and thereupon such Executive Magistrate, may, for reasons to be recorded in writing, authorise the detention of the accused person in such custody as he may think fit for a term not exceeding seven days in the aggregate; and, on the expiry of the period of detention so authorised, the accused person shall be released on bail except where an order for further detention of the accused person has been made by a Magistrate competent to make such order, and where an order for such further detention is made, the period during which the accused person was detained in custody under the orders made by an Executive Magistrate under this sub-section, shall be taken into account in computing the period specified in paragraph (a) of the proviso to sub-section (2) :Provided that before the expiry of the period aforesaid, 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 which was transmitted to him by the officer-in-charge of the police station or the police officer making the [investigation] [Inserted by Act 45 of 1978, Section 13 (w.e.f. 18-12-1978).], as the case may be.]

(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 interest 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.

ANDAMAN AND NICOBAR ISLANDS AND LAKSHDWEEP ISLANDS.- In Section 167-(i) in sub-section (1), after the words "nearest Judicial Magistrate", insert the words "or, if there is no Judicial Magistrate in an Island, to an Executive Magistrate functioning in that Island";(ii) after sub-section (1) the following shall be inserted -"(1-A) Where a copy of the entries in the diary is transmitted to an Executive Magistrate, references in section 167 to a Magistrate shall be construed as references to such Executive Magistrate."(iii) to sub-section (3) the following proviso shall be added -"Provided that no Executive Magistrate, other than the District Magistrate or Sub-divisional Magistrate, shall, unless he is specially empowered in this behalf by the State Government, authorise detention in the custody of the police;"(iv) to sub-section (4) the following proviso shall be added -"Provided that, where such order is made by an Executive Magistrate, the Magistrate making the order shall forward a copy of the order, with his reasons for making it, to the Executive Magistrate to whom he is immediately subordinate." [Regulation 1 of 1974 Section 5 (b) w.e.f. 30.3.1974].ANDHRA PRADESH.- In sub-section (2) :(i) to clause (b), the following shall be added at the end -"either in person or through the medium of electronic video linkage;"(ii) in the Explanation II thereunder, for the words "an accused person was produced", the words "an accused person was produced in person or as the case may be through the medium of electronic video linkage" shall be substituted. [Vide A.P. Act No. 31 of 2001, w.e.f. 6.12.2000.]GUJARAT.- In the proviso to sub-section (2) of Section 167 -(i) for Paragraph (a), the following paragraph shall be substituted, namely :-"(a) the Magistrate may authorise detention of the accused person otherwise than in the 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 -(i) one hundred and twenty 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;(ii) sixty days, where the investigation relates to any other offence;and, on the expiry of the said period of one hundred and twenty days, or sixty days, as the case may be, 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";(ii) In paragraph (b), for the words "no Magistrate shall", the words " no Magistrate shall, except for reasons to be recorded in writing", shall be substituted.(iii) the Explanation shall be numbered as Explanation II, and before Explanation II as so numbered, the following Explanation shall be inserted, namely :-"Explanation I.- For the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of the period specified in paragraph (a), the accused person shall be detained in custody so long as he does not furnish bail." [Gujarat Amendment Act, (President Act) 21 of 1976 Section 2 w.e.f. 7.5.1976].(iv) in the proviso for paragraph (b), substitute the following paragraph, namely :-(b) no Magistrate shall authorise further detention in any custody under this section unless -(i) where the accused is in the custody of police, he is produced in person before the Magistrate, and(ii) where the accused is otherwise than in the custody of the police, he is produced before the Magistrate either in person or through the medium of electronic video linkage, in accordance with the direction of the Magistrate";inExplanation II,after the words "whether an accused person was produced before the Magistrate", insert "in person or, as the case may be, through the medium of electronic video linkage". - Code of Criminal Procedure (Gujarat Amendment) Ordinance, 2003, Section 2, w.e.f. 16.8.2003.HARYANA.- After Section 167 the following section shall be inserted -"167-A. Procedure on arrest by Magistrate.- For the avoidance of doubt, it is hereby declared that the provisions of section 167 shall, so far as may be, apply also in relation to any person arrested by or under any order or direction of a Magistrate whether Executive or Judicial".[Haryana Act 20 of 1981 w.e.f. 22.12.1981].MANIPUR.- In its application to the State of Manipur, in Cl. (a) at the proviso to sub-section (2) of Section 167, -(a) for the words "ninety days" wherever they occur, the words "one hundred eighty days" shall be substituted;(b) for the words "sixty days" wherever they occur, the words "one hundred twenty days" shall be substituted. [Vide Manipur Act 3 of 1983, Section 3].ORISSA.- In its application to the State of Orissa, in section 167, in paragraph (a) of the proviso to sub-section (2), -for the words "under this paragraph", substitute "under this section"; andfor the words "ninety days" wherever they occur, substitute "one hundred and twenty days". [Orissa Act 11 of 1997, Section 2, w.e.f. 20.10.1997.]PUNJAB.- In sub-section (2) of Section 167 the words "fifteen days" was substituted by the words "thirty days" by the President Act 1 of 1984 which was again reversed by the Punjab Act 9 of 1986 w.e.f. 8.4.1986.TRIPURA.- In paragraph (a) of the proviso to Sub-section (2) of Section 167 -(i) for the words "ninety days" wherever they occur, the words "one hundred eighty days" shall be substituted;(ii) for the words "sixty days" wherever they occur, the words "one hundred twenty days" shall be substituted. [Tripura Act No. 6 of 1992, Section 2, w.e.f. 29.7.1992].UTTAR PRADESH.- Following Section 167-A shall be inserted :"167-A. Procedure on arrest by Magistrate.- For the avoidance of doubts, it is hereby declared that the provisions of Section 167 shall, so far as may be, apply also in relation to any person arrested by, or under any order or direction of, a Magistrate, whether Executive or Judicial." [U.P. Act 18 of 1977, Section 2 w.e.f. 5.11.1977].WEST BENGAL.- (1) For sub-sec. (5) of Section 167 following sub-section shall substituted-"(5) If, in respect of -(i) any case triable by a Magistrate as a summons case, the investigation is not concluded within a period of six months, or(ii) any case exclusively triable by Court of Session or a case under Chapter XVIII of the Indian Penal Code (45 of 1860), the investigation is not concluded within period of three years, or(iii) any case other than those mentioned in clauses (i) and (ii), the investigation is not concluded within a period of two years, from the date on which the accused was arrested or made his appearance, the Magistrate shall make an order stopping further investigation into the offence and shall discharge the accused unless the officer making the investigation satisfies the Magistrate that for special reasons and in the interest of justice the continuation of the investigation beyond the periods mentioned in this sub-section is necessary."(2) In sub-section (6) after the words "any order stopping further investigation into an offence has been made" the words "and the accused has been discharged" shall be inserted. [W.B. Act No. 24 of 1988, Section 4]Rajasthan.- (1) For sub-sec. (2) of Section 167 following sub-section shall substituted-(i) for the existing paragraph (b) the following shall be substituted, namely:-"(b) where the accused is in police custody, no Magistrate shall authorise detention in any custody under this section unless the accused is produced before him in person;(bb) where the accused is in judicial custody, no Magistrate shall authorise detention in any custody under this section unless the accused is produced before him either in person or through the medium of electronic video linkage;"(ii) for the existing Explanation II, following shall be substituted, namely:-"Explanation II.- If any question arises whether an accused person was produced before the Magistrate as required under paragraph (b) and (bb), the production of the accused person may be proved-(i) by his signature on the order authorising detention, if he is produced in person; or(ii) by a certificate to the effect that he was produced through the medium of electronic video linkage recorded by the Magistrate on the order authorising detention, if he is produced through the medium of electronic video linkage."[Rajasthan Act No. 16 of 2005, dated 8.7.2005.]

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