CrPC Section 167: Investigation Beyond 24 Hours – Procedure Explained

1. The Code

Section 167 of the Code of Criminal Procedure (CrPC) deals with the procedure for extending the period of police custody for investigation beyond 24 hours. It lays down the conditions and process for such extension.

2. Explanation

According to Section 167, a police officer can detain a person for investigation for a maximum of 24 hours. However, in certain circumstances, the investigating officer can seek an extension of the period of custody for further investigation.

The following conditions must be met for obtaining an extension:

• The investigation requires further time to be completed.
• The investigating officer must apply to a Magistrate for extension.
• The Magistrate can grant an extension for a period not exceeding 15 days.
• The accused must be produced before the Magistrate within 24 hours of arrest, and the Magistrate can then grant an extension.
• The Magistrate can also grant further extensions for investigation, but the total period of detention cannot exceed 90 days in the case of a non-bailable offense.
• The accused has the right to be informed of the grounds of arrest and can apply for bail.

3. Illustration

Imagine a person is arrested for a murder case. The police need more time to collect evidence and interview witnesses. The investigating officer applies to the Magistrate for an extension of the period of custody. The Magistrate, after hearing the application, may grant an extension for a period of, say, 7 days. During this extended period, the police can continue the investigation. After the extended period, the accused must be produced before the Magistrate again. If the investigation is still ongoing, the Magistrate can grant further extensions, but the total period of detention cannot exceed 90 days.

4. Common Questions & Answers

Q: What are the grounds for extending the period of custody beyond 24 hours?

A: The grounds for extension are that the investigation requires further time to be completed. For example, if the police need more time to gather evidence, interview witnesses, or conduct searches, the Magistrate can grant an extension.

Q: How long can the police detain a person for investigation?

A: The maximum period of detention for investigation is 90 days for a non-bailable offense and 60 days for a bailable offense. This period can be extended by the Magistrate in specific circumstances.

Q: What are the rights of the accused during the investigation?

A: The accused has the right to be informed of the grounds of arrest, be represented by a lawyer, and apply for bail. The accused also has the right to be produced before the Magistrate within 24 hours of arrest.