Q:- How long can the police keep an offender in custody by their own power, and with the order of a Magistrate, When he has been arrested without a warrant? Answer :- Section 57 of the Criminal Procedure Code deals with the power of police as to how long they can keep an offender in custody when he has been arrested without a warrant . On the other hand , section 167 , sub-section (1) and (2) , of the Criminal Procedure Code deals with the power of police as to how long they can keep an offender in custody with the order of Magistrate when he has been arrested without a warrant . According to section 57 of the Criminal Procedure Code the police can keep an offender in custody not exceeding twenty-four hours when he has been arrested without a warrant . Section 57 of the Criminal Procedure Code lays down that no police officer shall detain in custody a person arrested without a warrant for a longer period than under all the circumstances of the case is reasonable , and such period shall not , in the absence of a special order of a Magistrate under section 167 , exceed twenty –four hours , exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court . The provision inhibiting detention without remand is a very healthy provision which enables the Magistrate to keep check over the police investigation. According to section 167 of the Code detention of the accused by police in their custody with the order of a Magistrate thinks may be for a term not exceeding fifteen days in the whole. Section 167 of the Criminal Procedure Code provides that whenever any person is arrested and detained in custody , and it appears that the investigation can not be completed within the period of twenty–four hours fixed by the 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. 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 , authorize 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. *****
Posted on: Sat, 21 Sep 2013 17:12:10 +0000
Trending Topics
Recently Viewed Topics
© 2015