Section 167 of the Bharatiya Nyaya Sanhita (BNS), 2023
🔹 Section 167 – Procedure When Investigation Cannot Be Completed in Time
🔸 Text of Section 167, BNS 2023 (Paraphrased for Clarity)
When a person is arrested and detained in custody for an offence, but the investigation cannot be completed within the prescribed time, the police officer must inform the Magistrate.
The Magistrate may extend the period of detention after recording reasons, but only for a maximum period as prescribed by law.
If the investigation still cannot be completed within this extended period, the accused must be released on bail unless the offence is punishable with death, life imprisonment, or imprisonment exceeding a certain duration.
If the accused is not released on bail, the Magistrate must record reasons for continued detention.
✅ Detailed Explanation
1. Context of Section 167
Section 167 governs the detention of an accused person during investigation, specifically how long a person can be held in police custody without being charged or produced before a court for trial.
This is important because extended detention without charge can violate personal liberty.
2. Initial Period of Detention
After arrest, the accused can be held for a certain initial period (usually 24 hours or as prescribed).
After this, the police are required to either complete the investigation or produce the accused before the Magistrate.
3. Extension of Detention
If the investigation is not complete, the police must apply to the Magistrate for an extension.
The Magistrate can grant this extension but must record reasons for the delay.
The total period of detention under police custody cannot exceed the maximum time limit laid down by law (for example, often 90 days for certain offences).
4. Release on Bail if Investigation is Not Complete
If investigation cannot be completed even within the extended period:
The accused should be released on bail.
Exception: If the offence is very serious (punishable by death, life imprisonment, or imprisonment beyond a certain period), bail may be denied with reasons recorded by the Magistrate.
5. Judicial Oversight
The Magistrate acts as a check on police powers to prevent unlawful or indefinite detention.
The requirement to record reasons adds accountability.
🔹 Purpose of Section 167
Protects the personal liberty of the accused.
Prevents indefinite detention without trial.
Balances need for investigation and rights of the accused.
Ensures judicial supervision over police custody extensions.
📌 Summary Table
| Aspect | Key Point |
|---|---|
| Initial detention without charge | Limited to prescribed time (usually 24 hours) |
| Police to complete investigation | Within initial + extended period |
| Extension of custody | Magistrate’s approval required with reasons |
| Maximum detention period | Defined by law, e.g., 90 days for serious offences |
| Release on bail | Mandatory if investigation incomplete beyond max period (except serious offences) |
| Role of Magistrate | Judicial oversight and reason recording |
📌 Example Scenario
Police arrest X on suspicion of a crime.
Investigation cannot be completed in 24 hours.
Police apply to Magistrate; Magistrate grants extension for 15 more days.
Investigation still incomplete after 15 days.
If the offence is punishable with less than life imprisonment, X must be released on bail.
If the offence is very serious, Magistrate can deny bail but must record reasons.
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