Section 167 of CrPC : Section 167: Procedure when investigation can not be completed in twenty-four hours.

Explanation using Example

Example 1:

Scenario: Ramesh is arrested on suspicion of theft.

Details:

• Ramesh is arrested by the police on suspicion of theft and is taken into custody.
• The police begin their investigation but realize that they cannot complete it within the 24-hour period mandated by Section 57 of the Code of Criminal Procedure, 1973.
• The officer in charge, who is a sub-inspector, transmits a copy of the case diary to the nearest Judicial Magistrate and forwards Ramesh to the Magistrate.

Outcome:

• The Judicial Magistrate reviews the case and authorizes Ramesh's detention for up to 15 days in judicial custody, as the investigation is ongoing.
• If the investigation is not completed within these 15 days, the Magistrate may extend the detention, but not beyond 60 days, as theft is not punishable with death, life imprisonment, or imprisonment for a term of not less than ten years.
• If the investigation is still not completed after 60 days, Ramesh must be released on bail if he can furnish it.

Example 2:

Scenario: Priya is arrested for a serious offense punishable with life imprisonment.

Details:

• Priya is arrested on charges of a serious offense that could lead to life imprisonment.
• The police realize that the investigation cannot be completed within 24 hours.
• The officer in charge, a sub-inspector, sends the case diary to the nearest Judicial Magistrate and forwards Priya to the Magistrate.

Outcome:

• The Judicial Magistrate authorizes Priya's detention for up to 15 days in judicial custody.
• Given the seriousness of the offense, the Magistrate can extend Priya's detention up to 90 days if the investigation is not completed within the initial 15 days.
• If the investigation is still not completed after 90 days, Priya must be released on bail if she can furnish it.

Example 3:

Scenario: Raj is arrested in a remote village where no Judicial Magistrate is available.

Details:

• Raj is arrested in a remote village for a crime, and the police realize they cannot complete the investigation within 24 hours.
• The nearest Judicial Magistrate is not available.
• The officer in charge, a sub-inspector, transmits the case diary to the nearest Executive Magistrate, who has been given the powers of a Judicial Magistrate, and forwards Raj to the Executive Magistrate.

Outcome:

• The Executive Magistrate authorizes Raj's detention for up to 7 days.
• Before the 7 days expire, the Executive Magistrate transmits the case records to the nearest Judicial Magistrate.
• The Judicial Magistrate then decides on further detention based on the progress of the investigation.

Example 4:

Scenario: Investigation into a minor offense takes more than six months.

Details:

• Sita is arrested for a minor offense that is triable as a summons-case.
• The investigation drags on and is not concluded within six months from the date of Sita's arrest.

Outcome:

• The Magistrate orders the stopping of further investigation into the offense unless the investigating officer provides special reasons and justifies that continuing the investigation is in the interest of justice.
• If the Magistrate is convinced, the investigation may continue; otherwise, it stops.
• If the investigation is stopped, the Sessions Judge can later vacate this order and direct further investigation if he finds it necessary, subject to conditions regarding bail and other matters.

Example 5:

Scenario: A minor girl under 18 is arrested.

Details:

• A 17-year-old girl, Meena, is arrested for a crime.
• The police realize they cannot complete the investigation within 24 hours.

Outcome:

• The officer in charge transmits the case diary to the nearest Judicial Magistrate and forwards Meena to the Magistrate.
• The Magistrate authorizes Meena's detention, but since she is under 18, she is sent to a remand home or a recognized social institution instead of regular custody.
• The same rules regarding the duration of detention apply, but her custody is in a more appropriate environment for a minor.