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Case Study: Rakesh Kumar Paul Vs. State Of Assam (2017) 15 SCC 67




Angel Jenifer K, School of Law, Christ University


INTRODUCTION:


Section 167 of the Code of Criminal Procedure,1973 provides for procedures when investigation cannot be completed within the period of 24 hours fixed by Section 57, wherein the accusation is well founded, the officer in charge of the police station not below the rank of sub-inspector is entitled to transmit to the nearest Judicial Magistrate the entries in the diary and shall at the same time forward the accused to such Magistrate.1 Thus the Magistrate from time to time authorises the detention of the accused in such custody for a term not exceeding 15 days, such period can be extended when adequate grounds exists, the same shall not exceed 90 days, where the offence is punishable with death, imprisonment for life or imprisonment for a term of not less than ten years; sixty days incase of any other offence, following which the accused or suspect must be released on bail.2 A police custody cannot exceed a period 15 days however judicial custody commences only when the Judge orders for the same. Considering the same, henceforth the paper emphasises on a landmark judgement of the Apex court which had clearly removed all ambiguity in terms of the provision.

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Indian Journal of Law and Legal Research

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