THE CODE OF CRIMINAL PROCEDURE, 1898
(V OF 1898)
[22nd March, 1898]
An Act to consolidate and amend the law
relating to the Criminal Procedure
167. Procedure when investigation cannot be completed in twenty-four hours. (1) Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by Section 61, and there are grounds for believing that the accusation or information is well-founded, the officer incharge of the police station or the police-officer making the investigation if he is not below the rank of sub-inspector shall forthwith transmit to the [1][nearest Magistrate] a copy of the entries in the diary hereinafter prescribed relating to the case, and shall at the same time forward the accused to such Magistrate.
[2][Explanation]
(2) The Magistrate to whom an
accused person is forwarded under this section 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 such Magistrate thinks fit, for a term not exceeding
fifteen days in the whole. If he has no jurisdiction to try the case or [3][send]
it for trial, and considers further detention unnecessary, he may order the accused
to be forwarded to a Magistrate having such jurisdiction:
Provided that no Magistrate of the third class, and no Magistrate of the
second class not specially empowered in this behalf by the Provincial
Government shall authorise detention in the custody of the police.
(3) A Magistrate authorizing
under this section detention in the custody of the police shall record his
reasons for so doing.
[4][(4) The
Magistrate giving such order shall forward a copy of his order, with his
reasons for making it, to the Sessions Judge.]
[5][(5)
Notwithstanding anything contained in Sections 60 and 61 or hereinbefore to the
contrary, where the accused forwarded under sub-section (2) is a female, the
Magistrate shall not, except in the cases involving Qatl or dacoity supported
by reasons to be recorded in writing, authorize the detention of the accused in
police custody, and the police-officer making an investigation shall
interrogate the accused referred to in sub-section (1) in the prison in the
presence of an officer of jail and a female police-officer.
(6) The officer incharge of the
prison shall make appropriate arrangements for the admission of the
investigating police-officer into the prison for the purpose of interrogating
the accused.
(7) If for the purpose of
investigation, it is necessary that the accused referred to in sub-section (1)
be taken out of the prison, the officer incharge of the police station or the
police-officer making investigation not below the rank of Sub-Inspector, shall
apply to the Magistrate in that behalf and the Magistrate may, for the reasons
to be recorded in writing, permit taking of accused out of the prison in the
company of a female police-officer appointed by the Magistrate:
Provided that the accused shall not be kept out of the prison while in
the custody of the police between sunset and sunrise.]
[1]. Words
“nearest Judicial Magistrate” by Law Reforms Ordinance, 1972, Item 63. Omitted
by Ordinance, XL of 1996 Item 11-A.
[2]. Omitted
by Ord., XXXVII of 2001, [PLJ 2001 Fed.
[3]. Subs.
by Law Reforms Ordinance, 1972, Item 63(ii).
[4]. Subs.
by Law Reforms Ordinance, 1972, Item 63(iii).
[5]. Added
by, Cr.P.C. Second (Amendment) Act, XX of 1994, [PLD 1995 Cent.