Today we will talk about the right of the accused, especially I would like to talk about Section 167 CrPC. Section 167 of the Code of Criminal Procedure has given many rights to the arrested person which is a part of Chapter Twelfth.
If you go to Chapter 12, there is a lot of provision about the question rights of the police. There comes to section 167 of the Code of Criminal Procedure.
Know what are the rights of the arrested person?
1. Period of production of an arrested person before Magistrate
2. Police remand to be given by Magistrate
3. Bail of accused due to delay in the production of charge sheet by police
Under this section, instructions have been given to the police that if it arrests any person, then he will have to be produced before the magistrate within 24 hours. Meaning if the police arrest a person, then in any case he will have to be produced before the police within 24 hours and the magistrate will have to tell on what basis he was arrested.
Then the police can do one thing. We still need more time. Might ask for a remand from Majistrare on the reason that we need more time for English tutoring and to interrogate this person.
The magistrate can send that person on remand for a maximum of 15 days, the magistrate can also remand that person and after 15 days that person can be sent to today’s remand. That’s called judicial custody.
Its time period is 60 days to 90 days means a person who has committed an offense punishable with imprisonment for a maximum period of 10 years or another offense punishable with imprisonment for life imprisonment. Their such person can be sent to 60 days maximum judicial custody. Meaning after 60 days such a person will get the rates. to be released on bail.
And if the person is such who has committed any offense in which the maximum punishment is the death penalty and imprisonment of more than 10 years, then he can be sent to judicial remand for a maximum of 90 countries.
A very famous case is Manoj vs the State of MP.
In this case, the Supreme Court has held that an accused formally arrested under section 167, if not produced before a magistrate as required by section 167(2) and section 57, becomes void after 24 hours.
Under Section 167 (1) of the Act, the police have been directed to complete the investigation within 24 hours and the person has to be produced before the competent court within 24 hours. If the time of the police is not fulfilled, then a system like a remand was kept for him.
According to section 167(1), when the investigation of a person detained in custody is not completed within 24 hours and there are sufficient grounds to believe that there are reasonable grounds for prosecution, the officer in charge of the police station, the investigating officer in the post Not inferior to sub-inspector.
shall forward the accused person to the nearest Judicial Magistrate along with a copy of the diary entry relating to the case.
In the case of Devendra Kumar v State of Haryana, it has been held that the officer-in-charge of police remand not exceeding 15 days after the arrest, the Investigating Officer who is a deputy in rank, if necessary, shall thereafter put the accused in judicial custody.
Under this case Bashir Vs Haryana, the accused were accused of section 302 read with section 149, section 347 read with section 149, section 143 read with section 147. In this case, there was a delay in presenting its final report by the police under section 173 of the Code of Criminal Procedure.
On this basis, the accused were granted bail by the Sessions Court. It was argued by the prosecution that the challan has now been presented
The bail of the accused should be canceled. The bail of the accused was canceled by the Sessions Court. In the end, the matter went to the Supreme Court and the Supreme Court in its decision said that if the accused were granted bail under section 167(2)
The bail of the accused should be canceled. The bail of the accused was canceled by the Sessions Court. In the end, the matter went to the Supreme Court and the Supreme Court in its judgment said that if the accused are granted bail under section 167( 2).
So this order of cancellation of bail can be canceled only on the basis of section 437 (5) of the Code of Criminal Procedure. i.e. will be deemed to be on continuous bail under section 437,439 of The Code of Criminal Procedure
In the case of Kamaljit Singh Vs State, the Delhi High Court has decided that where the accused surrendered before the court and after such surrender he was sent to judicial custody and in that case, the charge sheet was presented after 90 days. In the said case, the accused shall be entitled to be released on bail. In this discussion, we have learned three things.
1.If a person is arrested by the police, he will have to be produced before the magistrate within 24 hours.
2.As soon as possible investigation should be completed and if the investigation is not completed within the stipulated time period, then the person can be sent to judicial remand.
3. But even after that 60 days and 90 days is the time period after which he gets the right to bail.