Police remand
Querist :
Anonymous
(Querist) 24 December 2011
This query is : Resolved
a man was charged with 302, 120 ipc and 3sc/st act,as he could not be arrested police put up challan under 299crpc, the court took cognigance and commited the case to sessens court, later on accused surredered in the court and sent to j.c now police wants p.c. for further investigation, what is the legal position. can police seek p.c. in this case
Dayananda Gowda
(Expert) 24 December 2011
Yes. Police may file application before the court seeking the accused for further investigation
Nadeem Qureshi
(Expert) 24 December 2011
read sec- 167 crpc
167. Procedure when investigation cannot be completed in twenty-four hours.
(1) Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by 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.
(2) The Magistrate to whom all accused person is forwarded under this section may, whether he has or not jurisdiction to try the case, from time to time, authorise the detention of the accused in such custody as such Magistrate thinks fit, 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:
Provided that-
1[(a) The Magistrate may authorize the detention of the accused person, otherwise than in the custody of the police, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this paragraph for a total period exceeding-
(i) Ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years;
(ii) Sixty days, where the investigation relates to any other offence,
And, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub-section shall be deemed to be to released under the provisions of Chapter XXXIII for the purposes of that Chapter;]
(b) No Magistrate shall authorize detention in any custody under this section unless the accused is produced before him;
(c) No Magistrate of the second class, not specially empowered in this behalf by the high Court, shall authorize detention in the custody of the police.
2[Explanation I. For the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of the period specified in paragraph (a), the accused shall be detained in Custody so long as he does not furnish bail.]
3[Explanation II].If any question arises whether an accused person was produced before the Magistrate as required under paragraph (b), the production of the accused person may be proved by his signature on the order authorizing detention.
2[(2A) Notwithstanding, anything contained in sub-section (1) or sub-section (2), the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of a sub-inspector, may, where a Judicial Magistrate is not available, transmit to the nearest Executive Magistrate, on whom the powers of a Judicial Magistrate or Metropolitan Magistrate have been conferred, a copy of the entry in the diary hereinafter prescribed relating to the case, and shall, at the same time, forward the accused to such Executive Magistrate, and thereupon such Executive Magistrate, may, lot reasons to be recorded in writing, authoress the detention of the accused person in such custody as he may think fit for a term not exceeding seven days in the aggregate; and on the expiry of the period of detention so authorized, the accused person shall be released on bail except where an order for further detention of the accused person has been made by a Magistrate competent to make such order; and, where an order for such further detention is made, the period during which the accused person was detained in custody under the orders made by an Executive Magistrate under this sub-section, shall be taken into account in computing the period specified in paragraph (a) of the proviso to sub-section (2):
Provided that before the expiry of the period aforesaid, the Executive Magistrate shall transmit to the nearest Judicial Magistrate the records of the case together was a copy of the entries in the diary relating to the case which was transmitted to him by the officer in charge of the police station or the police officer making the investigation, as the case may be.]
(3) A Magistrate authorizing under this section detention in the custody of the police shall record his reasons for so doing.
(4) Any Magistrate other than the Chief Judicial Magistrate making such order shall forward a copy of his order, with his reasons for making it, to the Chief Judicial Magistrate.
(5) If in any case triable by a Magistrate as a summons-case, the investigation is not concluded within a period of six months from the date on which the accused was arrested, the Magistrate shall make an order stopping further investigation into the offence unless the officer making the investigation satisfies the Magistrate that for special reasons and in the interests of justice the continuation of the investigation beyond the period of six months is necessary.
(6) Where any order stopping further investigation into an offence has been made under sub-section (5), the Sessions Judge may, if he is satisfied, on an application made to him or otherwise, that further investigation into the offence ought to be made, vacate the order made under sub-section (5) and direct further investigation to be made into the offence subject to such directions with regard to bail and other matters as he may specify.
1. Subs, by Act 45 of 1978, sec. 13, for paragraph (a)(w.e.f. 18-12-1978).
2. Ins. by Act 45 of 1978, sec. 13 (w.e.f. 18-12-1978).
3. Original Explanation numbered as Explanation II by Act 45 of 1978, sec. 13 (w.e.f.18-12-1978).
STATE AMENDMENTS
Andaman and Nicobar Islands and Lakshadweep:
In section 167, -
(i) In sub-section (1) after the words "nearest Judicial Magistrate" the words "or, if there is no Judicial Magistrate in an island, to an Executive Magistrate functioning in that island" shall be inserted;
(ii) After sub-section (1), the following sub-section shall be inserted, namely.
"(1A) Where a copy of the entries in diary is transmitted to an Executive Magistrate, reference in section 167 to a Magistrate shall be construed as references to such Executive Magistrate;"
(iii) To sub-section (3), the following proviso shall be added, namely.
"Provided that no Executive Magistrate other than the District Magistrate or Sub-divisional Magistrate, shall unless he is specially empowered in this behalf by the State Government authorize detention in the custody of the police."
(iv) To sub-section (4), the following proviso shall be added, namely.
"Provided that, where such order is made by an Executive Magistrate, the Magistrate making the order shall forward a copy of the order, with his reasons for making it, to the Executive Magistrate to whom he is immediately subordinate."
[Vide Regulation 1 of 1974, sec. 5 (w.e.f. 30-3-1974)].
Gujarat:
In the proviso to sub-sec. (2) of section 167, -
(i) For paragraph (a), the following paragraph shall be substituted, namely.
"(a) The Magistrate may authorize detention of the accused person otherwise than in the custody of the police, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorize the detention of the accused person in custody under this section for a total period exceeding-
(i) One hundred and twenty days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years.
(ii) If sixty days, where the investigation relates to any offence:
And on the expiry, of the said period of one hundred and twenty days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this section shall be deemed to be so released under tire provisions of Chapter XXXIII for the purposes at that Chapter;
(ii) In paragraph (b), for the words " no Magistrate shall" the words "no Magistrate shall, except for reason to be recorded in writing" shall be substituted:
(iii) The Explanation shall be numbered as Explanation II and before Explanation II as so remembered, the following Explanation shall be inserted, namely.
Explanation 1 - For the avoidance of' doubts, it is hereby, declared that, not withstanding the expiry of' the period specified in paragraph (a) the accused person shall be detained in custody so long as he does not furnish bail.
Amendment to apply to pending investigation.-The provisions of' section 167 of the Code of Criminal Procedure, 1973, as amended by this Act, shall apply to every investigation pending immediately, before the commencement of this Act. If the period of' of detention of' the accused person, otherwise than in the custody of the police authorised under that section, had not, at such commencement, exceeds sixty days.
[Vide President Act 21 of' 1976 (w.e.f. 7-5-1976)]. [Ed. These amendments have been made prior to the enactment of the Code of Criminal Procedure (Amendment) Act, 1978 (Central Act 45 of 1978), sec. 13 (w.e.f. 18-12-1978)].
Haryana:
After section 167, insert the following section namely.
"167A.-Procedure on arrest by Magistrate.- For the avoidance of doubt, it is hereby declared that the provisions of' section 167 shall, so far as may be, apply also in relation to any person arrested by, or under any order or direction of, Magistrate whether executive or Judicial"
[Vide President Act 20 of 1981, sec. 2 (w.e.f.22-12-1981)].
Orissa:
In section 167, in paragraph (a) of the proviso to sub-section (2),-
(i) for the words "under this paragraph" the words " under this section" shall be substituted; and
(ii) for the words "ninety days" wherever they occur, the words "one hundred and twenty days" shall be substituted.
[Vide Orissa Act, 11 of 1997 sec. 2 9w.e.f. 20-10-1997)].
Punjab:
In section (2) of 'section 167, for the words "fifteen days" at both the places where they occur, the words "thirty days" shall be substituted.
[Vide president Act 1 of' 1984, sec. 2 (w.e.f 23-6-1984)].
Tripura:
In paragraph (a) of the proviso to sub-section (2) of' section 167, -
(a) For the words "ninety days" wherever they occur, the words under hundred eighty days shall he substituted;
(b) For the words "sixty days" wherever they occur, the words "one hundred twenty days" shall be substituted.
[Vide Tripura Act 6 of' 1992. sec. 2 (w.e.f 29-7-1992)].
Uttar Pradesh:
After section 167, insert the following section namely:
"167A. Procedure on arrest by Magistrate.-For the avoidance of doubts, it is hereby declared that the provisions of section 167 shall so far as may be, apply in relation to any person arrested by, or under any order or direction of, a Magistrate whether executive or Judicial.
[Vide U.P. Act 18 of 1978].
West Bengal:
In section 167, -
(a) For sub-section (5). The following sub-section shall be submitted.
"(5) If, in respect of -
(i) Any case triable by a Magistrate as a summons case, the investigation is not concluded within a period of six months, or
(ii) Any case exclusively triable by a Court of Sessions or a case under Chapter XVIII of the Indian Penal Code (45 of 1860), the investigation in not conducted within a period of three years, or
(iii) Any case other than those mentioned in clauses (i) and (ii), the investigation is not conducted within a period of two year, from the date on which the accused was arrested made his appearance, the Magistrate shall make an order stopping further investigation into the offence and shall discharge the accused unless the officer making the investigation satisfies the Magistrate that for special reasons and in the interests of justice the continuation of the investigation beyond the period mentioned in this sub-section is necessary".
(b) In sub-section (6), after the words any order stopping further investigation into an offence has been made "the words "and the accused has been discharged" shall be inserted.
[Vide W.B. Act 24 of 1988 sec. 4].
Nadeem Qureshi
(Expert) 24 December 2011
read amended section too
amendment 2009
A Truthseeker
(Expert) 25 December 2011
once the accused has been remanded to JC no prayer for sending him to PC can be made.the Magistrate can give custody to the police only within the initial period of fifteen days.
Shonee Kapoor
(Expert) 26 December 2011
nothing more to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
