Sec.

167: Procedure when investigation cannot

be completed in 24 hours.-
1. Whenever any person is arrested and detained in
custody and it appears that the investigation can’t be
completed within 24 hours

→the P.O shall forthwith transmit to the nearest J.M a

copy of the entries in the diary and shall “forward” the
accused also
2. The J.M may, whether he has or has no
jurisdiction to try the case, from time to time
authorize the detention of the accused in such
custody as he thinks fit, for a term not exceeding 15
days in the hole

→If such J.M has no jurisdiction to try the case and

considers further detention unnecessary, he may forward
the accused to a Magistrate having such jurisdiction
In Gautam Navlakha V. National Investigation Agency
(May, 2021)
Supreme Court has dealt with

→Concept of “House Arrest” and

→Concept of “Transit Remand”

Also see the Section 57 of Cr.P.C

Provided that.-

a) the Magistrate may authorize the detention of the

accused, otherwise than in the custody of police,
beyond the period of 15 days, not exceeding a total
period of.-

i) 90 days, where investigation relates to an offence

punishable with death, life or imprisonment for not less
than 10 years
ii) 60 days, in any other offence

→and on the expiry of the said period, the accused shall be

released on bail
b) →for police custody accused must be produced
in person before the Magistrate

→for judicial custody accused may be produced

in person or through the video conference
(w.e.f 2009)

Provided that in case of woman under 18 years of

age, the detention shall be authorized to be in the custody
of a remand home or recognised social institution
(w.e.f 2009)
2A) if J.M is not available, P.O may transmit the accused to
nearest E.M and thereupon such E.M may authorize the
detention of the accused in such custody for a term not
exceeding 7 days in the aggregate

→and on the expiry of said period, the accused shall be

released on bail or sent to competent J.M

→and where an order for such further detention is made by

J.M, the above period shall be taken into account
3 & 4: Magistrate shall record the reasons for detention in
police custody and forward a copy to CJM

In State (Delhi Admn.) v. Dharam Pal (1982 Delhi

H.C) held that “the nature of the custody can be altered
from Judicial Custody to Police Custody and vice-versa
during the first period of 15 days (or 7 days). After the said
period the accused can only be kept in Judicial Custody
but not the Custody of Police”.
 In CBI v. Anupam J. Kulkarni (1992) S.C held that
“Police Remand should not be resorted to after 15 days of
arrest. Custody after expiry of first 15 days can only be
Judicial Custody”.

→but 15 days limit of Police Custody is not applicable

when there is a series of different cases requiring
investigation against the same accused
→the prescribed statutory period of 90 days or 60 days is
to be computed from the date the Magistrate authorizes
detention of an accused person

→clear 90 days or 60 days have to expire before the right

begins.

→in computing the period one of the days on either side

has to be excluded as required u/s 9 & 10 of General
Clauses Act.
→till the Charge-Sheet is filed, the right to bail continues.
Once Charge-Sheet is filed right ceases.

→if the accused voluntarily surrenders before the court,

the provisions of Sec. 167 are not applicable. Because in
such case, the accused is not “forwarded” by the police
to the Magistrate
5: if any case is triable as summons case, the investigation
is not conclude in within 6 months from the date of
arrest of accused, the Magistrate shall stop further
investigation

→if I.O satisfies magistrate, continuation of investigation

may be allowed

6. If investigation is stopped u/sub-section (5), the Sessions

Judge may on an application made to him or otherwise,
vacate the order and direct further investigation
→an investigation beyond the period of 6 months may not
necessarily vitiate proceedings

→non-stopping of investigation would only be curable error

→Magistrate is entitled to ignore the investigation made by

the police beyond 6 months and confine the case with
regard to investigation that took place within 6 months