West Bengal of CrPC : West Bengal

Explanation using Example

Example 1:

Scenario: Ramesh is accused of theft, a case triable by a Magistrate as a summons case.

Situation: Ramesh was arrested on January 1, 2020. The police started investigating the case but could not conclude the investigation within six months.

Application of the Act:

• According to Section 167(5)(i), if the investigation is not concluded within six months for a case triable by a Magistrate as a summons case, the Magistrate must stop further investigation and discharge the accused.
• On July 1, 2020, since the investigation was not completed, the Magistrate ordered the discharge of Ramesh unless the investigating officer provided special reasons to continue the investigation.

Example 2:

Scenario: Priya is accused of a serious crime under Chapter XVIII of the Indian Penal Code, which is exclusively triable by a Court of Session.

Situation: Priya was arrested on January 1, 2018. The police have been investigating the case but have not concluded the investigation within three years.

Application of the Act:

• According to Section 167(5)(ii), if the investigation is not concluded within three years for a case exclusively triable by a Court of Session, the Magistrate must stop further investigation and discharge the accused.
• On January 1, 2021, since the investigation was not completed, the Magistrate ordered the discharge of Priya unless the investigating officer provided special reasons to continue the investigation.

Example 3:

Scenario: Raj is accused of a crime that does not fall under the categories mentioned in clauses (i) and (ii) of Section 167(5).

Situation: Raj was arrested on January 1, 2019. The police have been investigating the case but have not concluded the investigation within two years.

Application of the Act:

• According to Section 167(5)(iii), if the investigation is not concluded within two years for cases other than those mentioned in clauses (i) and (ii), the Magistrate must stop further investigation and discharge the accused.
• On January 1, 2021, since the investigation was not completed, the Magistrate ordered the discharge of Raj unless the investigating officer provided special reasons to continue the investigation.

Example 4:

Scenario: Sita is accused of a crime and is in police custody in West Bengal.

Situation: Sita was arrested and placed in police custody. The police seek to extend her detention.

Application of the Act:

• According to the West Bengal amendment to Section 167, no Magistrate shall authorize detention in police custody unless the accused is produced before him in person every time till the accused is in police custody.
• Each time the police seek to extend Sita's detention, they must produce her in person before the Magistrate.

Example 5:

Scenario: Ravi is accused of a crime and is in judicial custody in West Bengal.

Situation: Ravi was arrested and placed in judicial custody. The police seek to extend his detention.

Application of the Act:

• According to the West Bengal amendment to Section 167, no Magistrate shall authorize detention in judicial custody unless the accused is produced before him either in person or through electronic video linkage.
• Each time the police seek to extend Ravi's detention, they must produce him either in person or via video conference before the Magistrate.