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Report No. 154

43. Procedure when investigation cannot be completed in 24 hours and consequent Police Custody

In the Central Bureau of Investigation, Special Investigation Cell-1, New Delhi v. Anupam J. Kulkarni, 1992 3 CSC 141, the Supreme Court held that under the proviso to section 167(2), the police custody can be only during the first 15 days of the remand and not later. It is felt that such limitation would cause some practical difficulty for the proper investigation in some given cases.

Therefore, do you agree that the police custody can be sought during the period of remand at any time if a need arises and section 167 of the Code of Criminal Procedure be amended accordingly. (But, however, the total remand of police custody should not exceed 15 days but it may exceed only under special circumstances with the permission of the court and for reasons to be recorded by the court)?

The Code of Criminal Procedure, 1973 Back

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