Section 167 of the Code of Criminal Procedure

Section 167 of the Code of Criminal Procedure (CrPC), 1973, is a crucial provision that governs the procedure for remand and custody of an arrested person when the investigation cannot be completed within 24 hours. It provides the framework for judicial oversight of police custody and ensures that no person is detained arbitrarily. Below is a detailed explanation of Section 167:

Section 167 deals with the procedure when investigation cannot be completed within 24 hours. It allows a magistrate to authorize the detention of an arrested person in police custody or judicial custody beyond the initial 24-hour period.

Key Provisions of Section 167

1. Production Before Magistrate:
   • If the investigation cannot be completed within 24 hours, the police must produce the arrested person before a nearest magistrate along with the case diary.
2. Magistrate’s Authority to Remand:
   • The magistrate can authorize the detention of the arrested person in police custody or judicial custody for a maximum of 15 days in total.
   • After 15 days, further detention can only be in judicial custody (i.e., in jail, not police custody).
3. Maximum Period of Detention:
   • For offenses punishable with imprisonment of 10 years or more, the total period of detention (police + judicial custody) cannot exceed 90 days.
   • For offenses punishable with imprisonment of less than 10 years, the total period of detention cannot exceed 60 days.
4. Default Bail:
   • If the investigation is not completed and the charge sheet is not filed within the prescribed period (90 or 60 days), the arrested person has the right to default bail (also called statutory bail) under Section 167(2).
5. Medical Examination:
   • The magistrate may order a medical examination of the accused if necessary.

Types of Custody Under Section 167

1. Police Custody:
   • The accused is kept in police lock-up for interrogation and investigation.
   • Police custody is granted only for a maximum of 15 days in total, and it must be authorized by the magistrate.
2. Judicial Custody:
   • The accused is sent to jail under the custody of the court.
   • Judicial custody can extend beyond 15 days, subject to the maximum periods of 60 or 90 days, depending on the offense.

Procedure Under Section 167

1. Production Before Magistrate:
   • The police must produce the arrested person before a magistrate within 24 hours of arrest (as per Section 57 of the CrPC and Article 22(2) of the Constitution).
2. Remand Application:
   • The police file an application seeking remand of the accused in police custody or judicial custody.
3. Magistrate’s Order:
   • The magistrate reviews the case diary and the grounds for remand.
   • If satisfied, the magistrate may authorize detention in police custody for up to 15 days or judicial custody for a longer period, subject to the maximum limits.
4. Extension of Custody:
   • The magistrate can extend judicial custody in increments, but the total detention cannot exceed 60 or 90 days, depending on the offense.
5. Default Bail:
   • If the charge sheet is not filed within the prescribed period (60 or 90 days), the accused is entitled to default bail as a matter of right.

Default Bail (Statutory Bail)

• Right to Default Bail:
  • If the investigation is not completed and the charge sheet is not filed within 60 or 90 days, the accused can apply for default bail under Section 167(2).
  • This is a statutory right, and the court must grant bail if the conditions are met.
• Conditions for Default Bail:
  • The accused must be in custody for the entire period (60 or 90 days).
  • The charge sheet must not have been filed within the prescribed period.
  • The accused must file an application for bail.

Judicial Interpretation

• Landmark Case: Central Bureau of Investigation v. Anupam J. Kulkarni (1992):
  • The Supreme Court held that police custody can only be granted during the first 15 days of remand. After 15 days, the accused can only be sent to judicial custody.
• Landmark Case: Uday Mohanlal Acharya v. State of Maharashtra (2001):
  • The Supreme Court clarified that the right to default bail is enforceable even if the charge sheet is filed after the application for bail is made but before it is granted.

Section 167 of the CrPC is a vital safeguard against arbitrary detention and ensures judicial oversight of police custody. It balances the needs of the investigation with the rights of the accused by:

• Limiting the period of police custody to 15 days.
• Setting maximum limits for detention (60 or 90 days).
• Providing the right to default bail if the investigation is not completed within the prescribed period.

This provision upholds the constitutional right to liberty under Article 21 and ensures that no person is detained indefinitely without trial.