By: m a aziz khan

m a aziz khan — Sat, 14 Aug 2021 09:41:53 +0000

I think India is trying to follow rule of law as contemplated in art.21 of the Indian Constitution. As such there has been an amendment to s. 167 of their Code of Criminal Procedure.1973. In the old Code of 1898 there was no power for Magistrate/court to remand the accused to police custody in s.167(1) except to complete the Investigation within given time of 24 hours vide s.61 (present s.57). Amended s.167(1) allows the Magistrate to remand to police custody for maximum 15 days. In the old s.61 and 167(1) the Legislative intention was never to allow the police to torture the accused for max 15 days. It was max. 15 days judicial custody not police custody. I strongly would opine that the law (s.57/61 old of CrPC) strictly limits to only max.24 hours for Police custody on arrest without warrant for cognizable offence for completion of investigation and Magistrates order is needed for custody beyond 24 hours only to complete investigation on exceptional case where investigation remained incomplete. It is understood, remand cannot be given more than part of 24 hours or max. another 24 hours in police custody to complete the investigation. Keeping the accused in police custody can serve no other purpose than to extract information by unlawful means of inducement, threat or promise, or torture etc. the the accused is not bound to talk. So, the amendment has been made in wrong premise allowing police to torture out any clue for investigation. The code should repealed to allow max 24 hours police custody to complete the incomplete investigation that was to be completed with initial 24 hours in police custody after arrest.

Comments on: Difference between Judicial Custody and Police Custody

By: m a aziz khan