Question

Under which section of the Cr.P.C, the procedure when investigation cannot be completed within twenty-four hours has been described?

• A. Sec.165
• B. Sec.167
• C. Sec.166
• D. Sec.164

Hint:

Sections 57 and 167 of the Cr.P.C. should be read together. Section 57 sets the 24-hour limit, and Section 167 provides the legal mechanism to extend detention beyond that limit through judicial oversight. This is a fundamental concept related to arrest and remand.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The question asks to identify the specific section in the Cr.P.C. that deals with the situation where the police cannot complete their investigation within the initial 24-hour detention period allowed by law.
Step 2: Detailed Explanation:
- Section 57 of Cr.P.C. lays down the general rule that a police officer cannot detain an arrested person in custody for more than 24 hours without a special order from a Magistrate.
- Section 167 of Cr.P.C. provides the procedure to be followed when the investigation cannot be completed within this 24-hour period. It allows the police to produce the accused before the nearest Judicial Magistrate and seek authorization for further detention (remand), either in police custody or judicial custody. This section is crucial for balancing the liberty of the individual with the needs of the investigation.
- Other Options: - Section 164: Deals with the recording of confessions and statements by a Magistrate.
- Section 165: Deals with search by a police officer.
- Section 166: Deals with when an officer in charge of a police station may require another to issue a search-warrant.
Step 3: Final Answer:
The procedure to be followed when an investigation cannot be completed within 24 hours is laid down in Section 167 of the Cr.P.C. Therefore, option (B) is correct.