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167: Procedure when investigation cannot be completed within twenty four hours:
As we know that no one should be detained for more than 24 hours without the orders of a
magistrate. So if it appears to an investigating officer that an accusation against the accused is
well founded but the investigation cannot be completed within 24 hours, he shall transmit the
copy of entries in the diary along with the accused to the nearest magistrate.
The magistrate to whom an accused person is forwarded under this section, may from time to
time authorize the detention of such accused for a period which is fit but not exceeding 15 days
in the whole.
If the magistrate has no jurisdiction to try the case or send it for trial, and he thinks the detention
unnecessary, he may order the accused to be forwarded to a magistrate having such jurisdiction.
Only magistrate of first class or a magistrate of second class specially empowered by Provincial
government in this behalf shall authorize the detention of a person in police custody.
A magistrate authorizing under this section the detention in the custody of police shall record his
reasons for so doing.
The magistrate giving such order shall forward a copy of his order with his reasons for making it
to fhe session judge.
The officer in charge of the prison shall make appropriate arrangements for the admission of the
investigating officer into the prison for the purpose of interrogating the accused.
If for the purpose of investigation, it is necessary that the accused be taken out of the prison, the
S.H.O or I.O shall apply to the magistrate for permission, and the magistrate may allow him but
he must write the reasons in record. The accused shall be taken out of the prison accompanied by
a female police officer appointed by the magistrate.
Accused shall not be kept out of the prison while in the custody of police between sunset and
sunrise.
169: Release of accused when evidence deficient:
When it appears to the investigating officer or the S.H.O during investigation that there is no
sufficient evidence or reasonable grounds of suspicion to justify the forwarding of accused to the
magistrate, suxh officer shall,if such person is in custody, release him on executing a bond with
or without sureties as such officer may direct to appear if and when before a magistrate
empowered to take cognizance of the offence on a police report and to try the accused or send
him for trial.