Chapter XII
Section 167 CrPC: Procedure when investigation cannot be completed in twenty-four hours
New Law Update (2024)
Section 193 BNSS
TRIAL COURT
Judicial Magistrate
Punishment
Procedural – Warrant / Summons Process
Cognizable?
Bailable?
Bailable (Statutory Bail under 167(2))
Compoundable?
Bare Act Text
(1) Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by Section 57, and there are grounds for believing that the accusation or information is well-founded, the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of sub-inspector, shall forthwith transmit to the nearest Judicial Magistrate a copy of the entries in the diary hereinafter prescribed relating to the case, and shall at the same time forward the accused to such Magistrate.
(2) The Magistrate to whom an accused person is forwarded under this section may, whether he has or has not jurisdiction to try the case, from time to time, authorise the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole; and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction:
Provided that—
(a) the Magistrate may authorise the detention of the accused person, otherwise than in the custody of the police, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this paragraph for a total period exceeding—
(i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years;
(ii) sixty days, where the investigation relates to any other offence,
and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this Sub-Section shall be deemed to be released under the provisions of Chapter XXXIII for the purposes of that Chapter;
(b) no Magistrate shall authorise detention in any custody under this section unless the accused is produced before him;
(c) no Magistrate of the second class, not specially empowered in this behalf by the High Court, shall authorise detention in the custody of the police.
(2A) Notwithstanding anything contained in Sub-Section (1) or Sub-Section (2), the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of a sub-inspector, may, where a Judicial Magistrate is not available, transmit to the nearest Executive Magistrate, on whom the powers of a Judicial Magistrate or Metropolitan Magistrate have been conferred, a copy of the entry in the diary hereinafter prescribed relating to the case, and shall, at the same time, forward the accused to such Executive Magistrate, and thereupon such Executive Magistrate, may, for reasons to be recorded in writing, authorise the detention of the accused person in such custody as he may think fit for a term not exceeding seven days in the aggregate; and on the expiry of the period of detention so authorised, the accused person shall be released on bail except where an order for further detention of the accused person has been made by a Magistrate competent to make such order; and, where an order for such further detention is made, the period during which the accused person was detained in custody under the orders made by an Executive Magistrate under this Sub-Section, shall be taken into account in computing the period specified in paragraph (a) of the proviso to Sub-Section (2):
Provided that before the expiry of the period aforesaid, the Executive Magistrate shall transmit to the nearest Judicial Magistrate the records of the case together with a copy of the entries in the diary relating to the case which was transmitted to him by the officer in charge of the police station or the police officer making the investigation, as the case may be.
(3) the Magistrate may autho
Important Sub-Sections Explained
Section 167(2)
This crucial sub-section empowers a Magistrate to authorise the detention of an accused person if an investigation cannot be completed within 24 hours. It limits the total detention period to 60 or 90 days, depending on the severity of the offence, and grants the accused an indefeasible right to statutory bail if a charge-sheet is not filed within these periods.
Section 167(2) Proviso (a)
This proviso details the specific maximum periods of detention—90 days for serious offences (punishable with death, life imprisonment, or 10+ years) and 60 days for other offences. It explicitly states that upon the expiry of these periods, the accused “shall be released on bail” if they are prepared to furnish bail, thereby codifying the right to default bail.
Landmark Judgements
Hussainara Khatoon v. Home Secretary, State of Bihar (1979):
This landmark case established the right to speedy trial and the right to legal aid as fundamental rights under Article 21 of the Constitution. It led to the release of thousands of undertrial prisoners who had been languishing in jails for years without trial, highlighting issues of prolonged detention without investigation completion.
M. Ravindran v. Directorate of Revenue Intelligence (2020):
The Supreme Court reiterated that the right to default bail (statutory bail) under Section 167(2) CrPC is an indefeasible right that accrues to the accused upon the expiry of the prescribed investigation period, if the charge-sheet is not filed, and this right cannot be defeated by the subsequent filing of a charge-sheet if the accused has already applied for bail.
Satender Kumar Antil v. CBI (2022):
The Supreme Court laid down detailed guidelines for granting bail, emphasising the principle of “bail, not jail” and classifying offences to streamline the process of arrest and bail. It reinforced the importance of adhering to Section 41 and 41A CrPC provisions and discouraged pre-trial arrest unless absolutely necessary, thereby indirectly impacting the necessity of detention periods under Section 167.
Draft Format / Application
IN THE COURT OF THE HON’BLE JUDICIAL MAGISTRATE FIRST CLASS/METROPOLITAN MAGISTRATE, [CITY NAME]
Case No. ___________ of [Year]
[Police Station Name] FIR No. ______________
IN THE MATTER OF:
[Accused Name]
S/o. [Father’s Name]
Age: [Age] years
Residing at: [Accused Address]
…Applicant/Accused
VERSUS
THE STATE OF [STATE NAME]
…Respondent
APPLICATION FOR STATUTORY BAIL UNDER SECTION 167(2) OF THE CODE OF CRIMINAL PROCEDURE, 1973
MOST RESPECTFULLY SHOWETH:
1. That the applicant was arrested on [Date of Arrest] in connection with FIR No. [FIR Number] registered at Police Station [Police Station Name] for alleged offences under Sections [Relevant Sections of IPC/Other Act].
2. That subsequent to his/her arrest, the applicant was produced before this Hon’ble Court on [Date of First Production] and was remanded to [Police/Judicial] custody, which has been extended from time to time.
3. That the maximum period for investigation in the present case, as prescribed under Section 167(2) of the Code of Criminal Procedure, 1973, expired on [Date – 60 or 90 days from arrest, as applicable].
[Choose applicable clause below:]
[For 90-day period]: The alleged offences are punishable with death, imprisonment for life, or imprisonment for a term of not less than ten years, thus requiring the investigation to be completed within ninety days from the date of arrest.
[For 60-day period]: The alleged offences are not punishable with death, imprisonment for life, or imprisonment for a term of not less than ten years, thus requiring the investigation to be completed within sixty days from the date of arrest.
4. That despite the expiry of the statutory period of [Sixty/Ninety] days, the investigating agency has failed to complete the investigation and has not filed the charge-sheet/final report before this Hon’ble Court till date.
5. That in view of the non-completion of the investigation and non-filing of the charge-sheet within the statutory period, the applicant has acquired an indefeasible right to be released on bail, as provided under the proviso to Section 167(2) of the Code of Criminal Procedure, 1973.
6. That the applicant is ready and willing to furnish bail with solvent sureties as may be directed by this Hon’ble Court and undertakes to abide by all conditions that may be imposed.
PRAYER:
It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to:
a) Enlarge the applicant/accused on statutory bail under Section 167(2) of the Code of Criminal Procedure, 1973, upon furnishing adequate bail bonds.
b) Pass any other order or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.
Date: [Date]
Place: [Place]
[Signature of Advocate]
[Name of Advocate]
Counsel for the Applicant/Accused
[Enrollment Number]
[Contact Details]