What is Section 167 of the CrPC?Asked by: Dock Leannon II | Last update: February 19, 2022
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Section 167 of Cr. P.C authorizes the detention of any person by the police beyond 48 hours upto maximum of 15 days subject to the orders of a Magistrate in cases where police is unable to complete the investigation within 24 hours of the arrest.
What is remand 167 difference between judicial custody and police custody?
P.C kicks-in and they were produced him/her before a Magistrate within 24 hours of the arrest. Difference between Judicial Custody and Remand: Police Custody means that police has the physical custody of the accused while Judicial Custody means an accused is in the custody of the concerned Magistrate.
What should executive magistrate do with regard to custody of accused person?
"Provided that no Executive Magistrate other than the District Magistrate or Sub-divisional Magistrate, shall unless he is specially empowered in this behalf by the State Government, authorise detention in the custody of the police."
What is the procedure when investigation is not completed in 24 hours?
Conditions When a Person can be Detained Beyond 24 Hours
Person should be arrested and detained in custody. 2. It must appear to the police that the investigation cannot be completed within the twenty-four hours of his arrest as fixed under section 57 of the Criminal Procedure Code.
How long can a person be kept in judicial custody?
Police custody can be extended for a maximum period of 15 days. Judicial custody can be extended to a maximum period of 90 days for offences punishable with more than 10 years of imprisonment, and 60 days for all other offences.
Section 167 CrPC || Police Remand || Police & Judicial Custody
When a court sends someone in judicial custody then it means the person is?
'Judicial custody' is a situation where accused is sent to jail and NCB need court's permission to investigate / question him. 'Interim bail / bail' is when the accused is released from the authority, allowed to go home, but have to co-operate with the authority if they need it during further investigation.
What police do in remand?
In other words, it is the remand where we send back the accused into the custody of police or that of the magistrate for collecting evidence and completion of investigation. The purpose of remand is to facilitate completion of investigation. This power of ordering remand is given to the judicial magistrate under S.
What CrPC 169?
If, upon an investigation under this Chapter, it appears to the officer in charge of the police station that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, such officer shall, if such person is in custody, release him on his executing a bond, ...
Can remand be extended?
Section 167 ceases to be applicable for the purposes of extending remand, once the charge sheet has been filed or beyond the prescribed period of 60 days or 90 days as the case may be. Time and again, this has been upheld by the Supreme Court of India as well as by several High Courts across the country.
What happens if you are remanded in custody?
When a person is charged with a crime and held in police custody they must be brought to the first available court for the court to decide whether they should continue to be held (remanded) in custody. If a defendant is remanded in custody they will be kept in prison and required to appear in court.
Can a sessions judge discharge the accused?
Section 227 of the Code defines that if the judge considers that there is no sufficient ground for proceeding against the accused, upon hearing the submissions, of the prosecution and the accused and consideration of the record of the case along with the documents submitted therewith, he shall discharge the accused and ...
What happens after bail is granted?
If a defendant is granted bail it means they are allowed back into the public while they await trial or further police investigations, instead of being remanded in custody (ie, locked up). ... This may be granted in the police station after interview or the court after the preliminary hearing.
Can you get bail while on remand?
Remand means that you will not be given bail and must stay in prison while your trial is going on.
What are the two types of remand during investigation?
One is Police Custody Remand wherein the arrested person is sent in the custody of the police for the purpose of further investigation and is kept in the police lockup and the second is Judicial Custody Remand where the person is sent to the local jail.
Why is judicial custody better than police custody?
In judicial custody, the officers cannot interrogate without the permission of the Magistrate. In police custody, the police can interrogate the accused without anyone's permission, be it a Judge or Magistrate. 3. In judicial custody, the accused is kept in jail.
What is limitation period in CrPC?
The period of limitation under CrPC, 1973 varies from six months to three years depending upon the duration of punishment of the offence. Offence punishable with just fine or 6 months of imprisonment attracts a limitation period of 6 months.
Do crimes expire in India?
Crime Never Dies - Criminal Law - India.
What is Judgement in CrPC?
It is the final decision that decides whether the accused person is innocent or guilty. It is the expression of opinion of the judges or the magistrate as per the law after due consideration of evidence and arguments. Chapter 27 of the Crpc deals with matters relating to judgment and delivery.
What is Section 161 CrPC?
Section 161 Code of Criminal Procedure, 1973 (for short 'Cr. P.C.') titled “Examination of witnesses by police” provides for oral examination of a person by any investigating officer when such person is supposed to be acquainted with the facts and circumstances of the case.
What is crpc160?
160. Police officer' s power to require attendance of witnesses. ... (2) The State Government may, by rules made in this behalf, provide for the payment by the police officer of the reasonable expenses of every person, attending under sub- section (1) at any place other than his residence.
What is case diary in CrPC?
A case diary is a diary maintained by police officers while investigating a case which contains details of how the inquiry was carried out and other particulars such as the date on which the investigation began, places visited as a part of the investigation, etc.
Is Interim a bail?
Interim Bail: Interim bail may be a bail granted for a brief period of your time. Interim bail is granted to an accused before the hearing for the grant of normal bail or anticipatory bail.
Can magistrates remand you?
In the magistrates' court, a defendant can only remand a person in custody for a maximum of eight days, except where it has previously remanded him in custody and it has a set a date for the next stage of those proceedings.
Are remand prisoners kept with convicted prisoners?
A person held in custody awaiting trial is presumed to be innocent. The regime for remand prisoners awaiting trial are different to those of convicted prisoners. Although these prisoners should be held separately, often a person awaiting trial on remand will share a cell with a convicted prisoner.