ISSN No: 2231-5063
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Article Name :
NATURE, SCOPE & APPLICABILITY OF SECTION 167 OF THE CODE OF CRIMINAL PROCEDURE
Author Name :
Birendra Kumar Tiwari
Publisher :
Ashok Yakkaldevi
Article Series No. :
GRT-4530
Article URL :
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Abstract :
Section 167 laid down the procedure to be adopted when the investigation against accused person can not be completed within 24 hours of his arrest and there are ground for believing that the accusation against him are well founded. Police detaining a person for more than 24 hours on pretext of interrogation without any formal arrest is reprehensible. It applies at the stage:- (A)when the accused is arrested without warrant and is detained by a police officer in his custody. (B)It appears that more than 24 hours well be need for accused investigation. (C)There are grounds to believe that accusation or information against hi is well founded. (D)The officer In – charge of the police station or his investigation officer not below the rank of a sub-inspector forwards the accused for remand before a magistrate. The judicial magistrate may either refuse to detain him or he may dired his detention in police custody or judicial custody. The police can interrogate the accused even after his remand to judicial custody when the police is not readily available for escort duty, it would be valid ground for extending the period of remand of an accused under section 167 (2) of the code. The provision contained in section 167 aim at maintaining a balance between personal liberty and interest of society. The objective of this section is that an important matter like liberty of a person cannot be fully left in the discretion of magistrate acts as a rider over the apprehended arbitrariness of police so as to prevent of police torture or abuse of power (to use third degree).
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Keywords :
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