Dr.

RAM MANOHAR LOHIYA

NATIONAL LAW UNIVERSITY,
LUCKNOW
2019 - 2020

CODE OF CRIMINAL PROCEDURE

Project On
ANALYSIS OF SECTION 167 OF Cr.P.C.

SUBMITTED TO : SUBMITTED BY :
MR. PREM KUMAR GAUTAM AMAN KUMAR
ASSISTANT PROFESSOR ENROLMENT NO.-
(LAW) 170101020
DR. RMLNLU, LUCKNOW SEMESTER- V

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INTRODUCTION
It is often the case when the police arrest a person in suspicion of a crime they are unable to
complete the investigation in 24 hours. At this juncture when they require the accused or suspect to
be kept away from society at large for the protection of society, of the accused or for the purpose of
ensuring his availability for investigation, they may produce him before a magistrate, who may
allow for the suspect to be held in the custody of the police or the judiciary.
The provisions for holding a person in custody for the purpose of furthering investigation, in India
are governed by Section 167 of the Code of Criminal Procedure. Section 167 of the Code allows
that a person may be held in the custody of the police for a period of 15 days on the orders of a
magistrate. A judicial magistrate may remand a person to any form of custody extending up to 15
days and an executive magistrate may order for a period of custody extending up to 7 days. A
person may be held in the custody of the police or in judicial custody. Police custody may extend
only up to a period of 15 days from the date custody begins but judicial custody may extend to a
period of 90 days for a crime which entails punishment of death, life imprisonment or period of
imprisonment exceeding 10 years and 60 days for all other crimes if the magistrate is convinced that
sufficient reasons exists, following which the accused or suspect must be released on bail.
The magistrate has the authority to remand the person into judicial or police custody. The detaining
authority may be changed during the pendency of the detention, provided that the total time period
does not extend 15 days. If a person is transferred from police to judicial custody the number of
days served in police custody is deducted from the total time remanded to judicial custody.

STATEMENT OF THE PROBLEM

To study the Statutory provision section 167 of Criminal Procedure Code and how it affects the
person arrested , the project will also talk about the procedure which ought to be followed in case
the trail could not be completed in 24 hours , also what are the rights of the so arrested person if
the trail could not be completed within 24 hours.

RESEARCH METHODOLOGY
The research methodology is purely analytical. To fulfil above said objectives data has been
collected through books, journals, newspapers and internet etc.

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TENTATIVE CHAPTERIZATION
1. ACKNOWLEDGMENT
2. RESEARCH METHODOLOGY
3. ANALYSIS OF SECTION 167.
4. RIGHTS OF THHE ARRESTED PERSON.
5. REMEDIES AVAILABLE TO THE ARRESTED PERSON.
6. RESPONSIBILITY OF THE POLICE.
7. POWERS OF MAGISTRATE WITHH RESPECT TO SECTION 167.
8. CONCLUSION
9. BIBLIOGRAPHY

REFERENCES
• R.V. Kelkar’s Criminal Procedure by K.N. Chandrasekharan Pillai, 6thedn, EBC, 2015.
• The Code of Civil Procedure, 1973, Universal Law Publishing.
• Ratanlal & Dheerajlal, Criminal Procedure Code, Student Edition, LexisNexis, 2014.
• The Code of Criminal Procedure, S C Sarkar, 11th Edn. Vol. I, LexisNexis.

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