CrPC Section 167(2) — Procedure when investigation cannot be completed in twenty-four hours -- sub-section (2) (detention / default bail proviso)

CHAPTER XII -- INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

Criminal

Summary

A magistrate can order an accused person to be held in custody for up to 15 days at a time. If the magistrate does not have the authority to try the case and thinks further detention is not needed, they can send the accused to a magistrate who does have that authority. The magistrate can allow detention beyond 15 days, but not in police custody, only if there are good reasons. However, the total detention cannot exceed 90 days for serious offences punishable by death, life imprisonment, or at least 10 years in prison, or 60 days for other offences. After that period ends, the accused must be released on bail if they are ready to provide bail, and they are considered released under the bail rules of the Code. No magistrate can order police custody unless the accused is brought before them in person the first time and every time after that while in police custody, but the magistrate can extend judicial custody if the accused appears in person or through video link. A second-class magistrate who is not specially authorized by the High Court cannot order police custody. If the accused does not provide bail after the time limit, they remain in custody. The accused’s production before the magistrate can be proven by their signature on the detention order or by a certified order showing they appeared through video link. For a woman under 18, detention must be in a remand home or recognized social institution.

Official Text

(2) The Magistrate to whom an accused person is forwarded under this section may, whether he has or has not jurisdiction to try the case, from time to time, authorise the detention of the accused in such custody as such Magistrate thinks fit, for 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—

(a) the Magistrate may authorise the detention of the accused person, otherwise than in 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 so released under the provisions of Chapter XXXIII for the purposes of that Chapter;

(b) no Magistrate shall authorise detention of the accused in custody of the police under this section unless the accused is produced before him in person for the first time and subsequently every time till the accused remains in the custody of the police, but the Magistrate may extend further detention in judicial custody on production of the accused either in person or through the medium of electronic video linkage;

(c) no Magistrate of the second class, not specially empowered in this behalf by the High Court, shall authorise detention in the custody of the police. 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. Explanation II.—If any question arises whether an accused person was produced before the Magistrate as required under clause (b), the production of the accused person may be proved by his signature on the order authorising detention or by the order certified by the Magistrate as to production of the accused person through the medium of electronic video linkage, as the case may be.

Provided further that in case of a woman under eighteen years of age, the detention shall be authorised to be in the custody of a remand home or recognised social institution.

Related Provisions

default bail

Related Judgments

  • INSC 677 853 CASE DETAILS V. SENTHIL BALAJI v. THE STATE REPRESENTED BY DEPUTY DIRECTOR AND ORS — Supreme Court of India (2023)
  • RAMSWAROOP & ANOTHER v. STATE OF RAJASTHAN — Supreme Court of India (2018)
  • S.C.R. ENFORCEMENT DIRECTORATE, GOVERNMENT OF INDIA v. KAPIL WADHAWAN & ANR. ETC — Supreme Court of India (2023)
  • S.C.R. RITU CHHABARIA v. UNION OF INDIA & ORS — Supreme Court of India (2023)
  • M. RAVINDRAN v. THE INTELLIGENCE OFFICER, DIRECTORATE OF REVENUE INTELLIGENCE — Supreme Court of India (2020)
  • JIMMY PRAVINCHANDRA ADATIYA v. STATE OF GUJARAT — Supreme Court of India (2022)
  • S.C.R. 785 RAKESH KUMAR PAUL v. STATE OF ASSAM — Supreme Court of India (2017)
  • DIRECTORATE OF ENFORCEMENT v. DEEPAK MAHAJAN AND ANR. JANUARY 31, 1994 — Supreme Court of India (1994)

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