All India Bar Examination (AIBE) 6-VI Previous Year Question Papers with Answers

Practice Mode:
6.

Under which section of the Cr. P.C, the procedure when investigation cannot be completed within twenty-four hours has been described ?

A: Sec. 165
B: Sec. 167
C: Sec. 166
D: Sec. 164

The answer is: B

Explanation

The correct option is B: Sec. 167. 

Under section 167 of the Cr. P.C, the procedure when investigation cannot be completed in twenty-four hours has been described. This section states that whenever any person is arrested and detained in custody and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 57, the officer in charge of the police station or the police officer making the investigation shall forthwith transmit to the nearest Judicial Magistrate a copy of the entries in the diary relating to the case, and shall at the same time forward the accused to such Magistrate. The Magistrate may then authorise the detention of the accused in such custody as he thinks fit, for a term not exceeding fifteen days in the whole. If the investigation is not completed within this period, the Magistrate may extend the detention of the accused for a maximum period of ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years; or sixty days, where the investigation relates to any other offence. If the accused is not produced before the Magistrate within these periods, he shall be released on bail if he is prepared to and does furnish bail. This section is intended to ensure a fair trial and protect the rights of the accused.