Does the police have the right to detain someone in custody during an investigation..??
BATANE TAYU 13 September 2017
Does the police have the right to detain someone in custody during an investigation..??
Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 14 September 2017
Sir,
How Long the person has been deatined ?
Warm Regards
Kapil Chandna Advocate
9899011450,9911218741
Raveena Kataria (Advocate ) 14 September 2017
Hi,please take note of the followings sections:
Section 167; Code of Criminal Procedure
Section 57; Code of Criminal Procedure
Thus, the police cannot detain an accused without a warrant beyond 24 hours of arrest (upon completion of which the accused is to be forwarded to the judicial magistrate,) unless they deem it necessary for the accused to stay in custody for more than 24 hours for the continuing of investigation, for which again, they would need authorization by the magistrate.