CrPC Section 167
Section 167 of the Code of Criminal Procedure (CrPC), India
Section 167: Procedure when investigation cannot be completed in 24 hours
Text:
"(1) When any person is arrested and cannot be released on bail, and the investigation cannot be completed within 24 hours, the police officer must take the person before a Magistrate within 24 hours.
(2) If the Magistrate, upon hearing the police officer and the accused, is satisfied that there are grounds for further detention, the Magistrate may authorize detention for a term not exceeding 15 days (or 30 days in certain cases) pending investigation.
(3) If investigation is not completed within that period, the accused must be released on bail or on personal bond unless otherwise authorized by law."
Explanation:
When an arrested person cannot be released on bail immediately, and the police need more time to complete the investigation, the police must produce the accused before a Magistrate within 24 hours.
The Magistrate may then order further detention for up to:
15 days generally, or
30 days in cases related to serious offences (e.g., under the NDPS Act).
If the investigation is not finished within the authorized period, the accused must be released on bail or personal bond.
This section protects individuals from being held indefinitely without judicial oversight.
Purpose:
To balance the needs of law enforcement with the personal liberty of the accused.
To ensure judicial supervision of detention.
To prevent arbitrary or prolonged custody without trial.
Example:
A person is arrested for a theft case. The police need more time to gather evidence. They produce the accused before a Magistrate within 24 hours. The Magistrate, satisfied with the police's reasons, allows detention for 15 days to complete the investigation.
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