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CrPC Section 167

Procedure when investigation cannot be completed in 24 hours / default bail

New section under BNSS

BNSS Section 187— Procedure when investigation cannot be completed in twenty-four hours.

Effective for any FIR, charge sheet, or filing on or after 1 July 2024. Matters that arose before that date continue under the CrPC.

What the new 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.

For the full text of the new section, see the linked BNSS page above. For the binding statutory text, refer to the India Code or the Gazette of India. This reference is informational, not legal advice.