Procedure when investigation cannot competed in 24 hours
Written by : Dinesh Gardia , student of Vikash Law School .In this artlcle i try to simplify the bare act language so that everyone one can understand . Our objective is to make understand legal knowledge to everyone.
It is the general rule that a arrested Person shall be appear before a magistrate with in twenty four hour of his arrest. Section 57 of crpc also mentioned that a arrested person not to be detained more then twenty four hours. This rule aslo implies that an preliminary investigation into the matter must be completed by the police with in the twenty four hours.
There are certain situation in which police officer unable to complete the investigation with in twenty four hours. For that purpose section 167 of crcp has been enacted .
PROCEDURE WHEN INVESTIGATION CANNOT COMPLETE IN TWENTY FOUR HOURS
Whenever any person is detained or is in custody and it appears that the investigation cannot be completed within twenty four hours and where it appears that accusations made against such person is well founded.
FIRSTLY : The officer incharge of police station or officer making investigation shall immediately transmit the copy of entries in police dairy and also forward the accused to nearest judicial magistrate.
SECONDLY : The magistrate to whom accused persons is forwarded whether having jurisdiction or not may authorise the further detention of such person not exceeding 15 days at whole.
Where the magistrate have no jurisdiction to try or commit tried and where it consider that further detention is unnecessary he may forward the accused to magistrate having jurisdiction.
The magistrate may authorise the detention of accused person beyond the period of 15 days , otherwise then in custody of police if he is satisfied that adequate ground exist for doing so.
But the magistrate shall not authorise the detention of accused person
(i) for exceeding 90 days in investigation relates to offence punishable with death, imprisonment for life or imprisonment for a term not less then 10 year.
(ii) for sixty days when investigation relates to other offences
On the expiry of 90 or 60 days such person shall be released on bail
No magistrate shall authorise detention of the accused person unless the accused is produced before him in person for the first time and subsequently till the accused in custody of police, but the magistrate may extend further in judicial custody on production of accused through the medium of electronic video linkage.
THIRDLY: Where a judicial magistrate is not available the officer incharge of police station or officer making investigation transmit the copy of a entries made in police dairy and shall also forward the accused to the nearest magistrate ( on whom the power of a judicial magistrate or metropolitan magistrate has been enacted) .
Thereupon the executive magistrate record a reason in writing and and authorise the detention of the accused for a period of not exceeding seven days in aggregate.
On the expiry of such period such accused persin shall be released on bail. Except where an order for further detention has been made by a magistrate competent to try.
Point to remember (period of executive magistrate shall be added with the further order of detention made by judicial magistrate ).
Before the expiry of period of detention made by executive magistrate , the executive magistrate shall transmit copy of entries and record in writing to nearest magistrate competent to ty.
Any magistrate who is authorised under thi section for detention in the custody of police shall record a reason for doing so. Any magistrate making such order shall forward the copy of such order and reason for making it to the chief judicial magistrate.
FIFTHLY: Any case triable by magistrate as summon case , the investigation is not concluded within the period of six month from the date of arrest of such person. The magistrate shall make an order for stopping further investigation into the matter. Such order shall not be made if police officer conducting investigation satisfy that investigation is necessary in the interest of justice to continue beyond the period of six months.
Where an order has been made under sub-section (5) of section 176 of crpc , if the court of session is satisfied that further investigation is necessary on the application made by the investigating officer . The court of session may order them to do further investigation.
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