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TMI Blog1980 (1) TMI 215X X X X Extracts X X X X X X X X Extracts X X X X ..... de of Criminal Procedure (Amendment) Act, 1978. was in the following terms: 167 (11 whenever any person is arrested and detained in custody, and if appears that the investigation cannot be completed within the period of twenty-four hours fixed by Section 57, and there are grounds for believing that the accusation or information is well-founded, the officer-in-charge 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 nearest, judicial 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) The Magistrate to whom an accused person is for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll authorise the detention of the accused person in custody under this paragraph for a total period exceeding- (i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less then ten years, (ii) sixty days, where the investigation relates to any other offence, and, on the expiry of the said period of ninety days, or sixty days, as the case may be the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub-section shall be deemed to be so released under the provisions of Chapter XXXIII for the purposes of that Chapter; 3. Now, a police officer has been authorised by Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed. Section 57 authorises a police officer to have the custody of the accused for a period of 24 hours plus the time taken for the journey to produce the accused before a Magistrate. The police officer does not require the permission of a Magistrate for this period. The power of a Magistrate to grant police custody for 15 days is unaffected by the period of detention in police custody under Section 57. We respectfully differ from the observations made by the then learned Chief Justice of this Court in ILR (1978) HP 529 which give the impression that the period of detention in police custody under Section 57 has to be included. 6. It is not disputed that under paragraph (a), as it stood before its amend ment, power of the Magistrate to au ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed of a crime, his period of detention has been cut to the minimum. Some of the countries are proud not only for expeditiously completing the investigations against the criminals, but even for completing their trials in a period of about 60 days from the date of their arrest. 9. Before the enforcement of the Code of Criminal Procedure, 1973, investigation of the cases in this country was lethargic indeed. Since no period was fixed for completing the investigation of a case (except a pious hope under Section 173(1) requiring the investigation to be completed without unnecessary delay ) the investigations used to linger on indefinitely in cases involving heinous crimes like murder, dacoity etc. The accused had to remain under detention f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eology from 'section' to 'paragraph' shows that the maximum period of detention allowed under the 'paragraph' is exclusive of the period of detention authorised under Sub-section (2), In our opinion the change in the phraseology does not make any difference. It may be noticed that when the words under this section' were used in the old paragraph, the reference was being made to Section 167. But the paragraph is of the proviso to Sub-section (2). Whereas Sub-section (2) does not lay down the outside limit of the detention of a person, it limits the police custody to 15 days only. It is obvious that during or after the expiry of this period, a Magistrate is authorised to commit the accused to judicial custody. But ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 978 (Bill No. 92 of 1978). Clause 13, relating to proposed amendment on Section 167, is in the following terms: Section 167 is being amended to empower the Magistrate to authorise detention, pending investigation, for an aggregate period of 90 days in cases where the investigation relates to offences punishable with death, imprisonment for life or imprisonment for not less then ten years and up to 60 days in any other case. These amendments are intended to remove difficulties which have been actually experienced in relation to the investigation of offences of a serious nature, (emphasis supplied) 13. The Supreme Court in 1979 CriLJ 1052, Hussam Ara Khatoon v. Home Secy., State of Bihar, observed that once an accused person ha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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