Report No. 154

Issue No. 5-Procedure when Investigation cannot be Completed in 24 Hours and Consequent Police Custody

Views of Judges

Seven judges out of thirteen have supported the proposal of Law Commission and four of them suggested that the period of 15 days may be enhanced to 30 days. Others have not either expressed their views or are silent on the issue. Twenty-eight Judicial officers agree with the suggestion, however, they are of the view that duration of police custody may be increased upto 30 days in view of the nature of the offence. Fourteen officers have not responded to the issue clearly. Two judges do not agree with the suggestion. The Institute of Judicial Training & Research (U.P.), Lucknow, has responded in the affirmative.

Views of Advocates/Government Pleaders/Bar Associations

Five advocates have extended their support to the proposal made by the Law Commission. However, three point out saying that the period of 15 days' police custody can be extended under special and exceptional circumstances for reasons to be recorded by the court. Two Advocates disagree and two have not offered any comment. The Madras Bar Association has responded in the affirmative.

Views of Police Officers

Two police officers have supported the proposal of the Law Commission and Mr. C. Dinakar and Mr. S. Sripall are silent on the point.

Views of the Academicians

Only Dr. K.N. Chandrasekharan Pillai has supported the plea for revising section 167 so as to enable the police to seek custody even during remand.

Views of the State Law Commission

Only Himachal Pradesh Law Commission has responded and has agreed to the proposal.

Views of the State Governments

According to the Government of Gujarat section 167 should be suitably amended. No other State Government has responded the issue.