unacademy ‘Test Preparation > UPSC > UPSC CSE > Practice & Strategy > Preparation Strategy > Strategy for Mains Code of Criminal Procedure, 1973 LESSON 8 OF 28 Download the Unacademy Learning App to watch this and over 200k more lessons in UPSC, SSC CGL, GATE, Google Play ff @ App Sto CAT and many more categories.CODE OF CRIMINAL PROCEDURE, . 1973 By: SIDDHARTHA SRIVASTAVA NATIONAL LAW UNIVERSITY, JODHPUR (2015)SECTION 167 R/W SEC 5/ ® Sec 57 provides a safeguard as per Article 21 of the Constitution & Menaka Gandhi v. Union of India, 1978 SC in matters of arrest without warrant. © Police can detain accused for a reasonable period only which can’t be more than 24 hours. © For further detention magistrate permission required under section 167 Crpc. '@ unacademySEC 167 © CBI, Special Investigation Cell, New Delhi v. Anupam J. Kulkarni 1992 SC - From the time of production, the maximum custody granted by JM is 15 days. ® U/S 167(2), max period for which custody can be granted by JM is 90 days if offence punishable with more than 10 years & 60 days in other cases. © If investigation not completed, no competency to grant further custody. On expiry of this period, bail has to be granted to the accused. '@ unacademySECTION 16/7 & 169 © Sanjay Dutt v. State of Maharashtra 1994 SC- Default bail is an indefeasible right after 60/90 days provided bail application moved and bail bond furnished. ©Sec 169 applies in those cases where no sufficient evidence found against the accused and he is to be released and closure report submitted subsequently. . '@ unacademy@ unacademy SEC 173 - CHARGE SHEET © Upon completion of investigation police officer has to file a report having particulars as in 173(2)(i) © Opinion given with respect to commission of offence u/s 173(2)(i)(d) fo Charge Sheet Closure ReportCHARGE SHEE} ® JM not bound by Police Report. (MC Mehta v Union of India) ® Protest Petition - JM free to take cognizance upon closure report, but if he does not take, he shall tell the informant about the same who gets a right to file protest petition. ® Bhagwan Singh v Commissioner of Police, 1985. Three option to magistrate: - May still not take cognizance. May take cognizance upon police report. >» May convert petition into complaint & may take cognizance on complaint Vv Vv @ unacademyFURTHER INVESTIGATION-173(8) @Abhinandan Jha v Dinesh Mishra - Police officer given discretion to continue investigation even after filing of charge sheet. ®Here only a supplementary or additional charge sheet will be filed and not a fresh charge sheet. It has to follow’ the requirements of Chapter 12 and sec 173. '@ unacademyCASE DIARY - SEC 172 © Shamsul Kanwar v State of U.P. - Case diary is record of day to day proceedings conducted by the Investigating Officer for his own personal reference. © JM can call for the diary at any time to see if investigation done properly or not. ® Court can use Case Diary to ask questions u/s 165 Evidence Act, to accused u/s 313 Crpc, summon a court witness u/s 311 Crpc. Can contradict 1.0. u/s 145 Evidence Act or 1.0. can refresh his memory u/s 159 Evidence Act. '@ unacademy@ unacademy CASE DIARY © Pulukuni Kottaya v. King Emperor -If no case diary recorded, merits of the case not affected as such © Mukund Lal v Union of India - Copy of CD not given to accused normally as he may ask unwanted questions and may complicate and delay proceedings.