Section 167 Cr.P.C. deals with a situation what if investigation was not completed within 24 hours.
When a person is arrested and kept in [Police] custody and there is no possibility of investigation would complete within 24 hours as fixed by the law under Section 57 of Cr.P.C., more so, the Investigation Officer who is not below the rank of Sub Inspector is convinced that the commission of offence by the arrested person was well founded, in such case, he must produce the person to the nearest Judicial Magistrate Court and submit copy of the entries in the diary.
The Magistrate in whose Court the Accused was produced may or may not have jurisdiction to try the case, how so ever, the Magistrate may forward the Accused into custody [Judicial or Police] as he thinks fit but for a term not exceeding 15 days in whole. Provided the Magistrate does not have jurisdiction to try the case and also thinks that further detention is not required then he may order the Accused be produced in the Jurisdictional Court.
The Magistrate may authorise Judicial Custody or Police Custody as he thinks right, however any such detention shall not exceed 15 days at one time and in the whole it should not exceed
Ninety days for the investigation related to an offence punishable with capital punishment or life imprisonment or 10 years of imprisonment.
Sixty days for the investigation related to any other offence.
Provided the Accused was ready to furnish bail he shall be released on bail upon completion of 60 days or 90 days as per the investigation related to punishable offence. The person so released on bail shall be considered released so under the Chapter 33.
The Magistrate should not allow Police Custody unless the Accused was produced in the Court at the first instance, and, he shall extend such custody as he thinks appropriate, otherwise, the Accused shall be placed under Judicial Custody and such might be extended by way of physical production of the Accused in the Court or though video linkage.
The Magistrate, who is not authorised by the High Court should not allow the Accused in Police Custody.
Explanation 1: The Accused who is unwilling to furnish bail [under mandatory bail] shall be kept under custody as long as he furnish so.
Explanation 2: If the Magistrate has doubt over the Accused who is the same one to that of the Accused produced in the Court or through video linkage for the first time, he can convince himself with the signature made in the extension order.
[This portion of the Section was inserted in the year 2009 wherein a woman under 18 years of age must be sent to a remand home or to a recognized social institution if her detention is allowed.]
When an Accused was not able to produce either before the Judicial Magistrate or the Metropolitan Magistrate, he shall then be produced before the Executive Magistrate who has powers of the Judicial Magistrate and submits a copy of the entries made in the diary to him. The Executive Magistrate should record the reasons for furthering the detention, but, not beyond 7 days in total and on expiry of the detention the Accused shall be released on bail. In such case the Executive Magistrate calculate the days in detention together with the previous Jurisdiction Magistrate order vis-Ã -vis the mandatory bail period narrated in this provision.
The Executive Magistrate should forward the Accused to the nearest Judicial Magistrate together with the records prior to his expiry of mandatory bail period through the IO or the Officer who is making inquiry into the case.
The Magistrate who is allowing Police Custody must record the reason for doing so.
Any Magistrate who is making such order forward a copy of the Order to his Jurisdiction Chief Judicial Magistrate.
Whereas in a Summons Case, provided the Police has not completed the investigation within 6 months from the date of arrest of an accused the Magistrate shall stop the investigation into the offence unless the IO satisfies the Magistrate that under special circumstances and in the interest of justice investigations could not be completed within the stipulated 6 months period.
Provided the Magistrate has passed the Order halting further investigation into the Summons Case the Police can seek remedy from the Sessions Judge to set aside the Order passed by the Magistrate concerned and proceed with further investigation into the case.