Procedure when investigation cannot be completed in twenty-four hours.

What this section does

When an arrested person cannot be investigated within twenty-four hours and there are grounds to believe the accusation is well-founded, the officer in charge (not below sub-inspector) must forward the accused to the nearest Magistrate with a copy of the case diary entries. The Magistrate may authorise detention in such custody as deemed fit for up to fifteen days initially, and beyond that up to ninety days (for offences punishable with death, life imprisonment, or ten or more years) or sixty days (for other offences), after which the accused is entitled to bail if prepared to furnish it. In summons cases, if investigation is not concluded within six months of arrest, the Magistrate shall stop further investigation unless special reasons justify continuation, and the Sessions Judge may vacate such a stop order.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors

Officer in charge of police station · Police officer (sub-inspector or above) · Magistrate · Executive Magistrate · Chief Judicial Magistrate · Sessions Judge · Accused

Time limit

Initial police custody up to 15 days; total custody not to exceed 90 days (serious offences) or 60 days (other offences); Executive Magistrate may authorise custody up to 7 days; investigation in summons cases to be concluded within 6 months of arrest

• CRPC Section 167 — Procedure when investigation cannot be completed in 24 hours / default bail