Detention Beyond 24 Hours

• If a person is arrested and detained in custody, and the investigation cannot be completed within 24 hours as prescribed under Section 57, but there are reasonable grounds to believe the accusation is well-founded, the officer in charge of the police station (or an investigating officer not below the rank of Sub-Inspector) must:
  • Transmit a copy of the case diary entries to the nearest Judicial Magistrate.
  • Forward the accused to the same Magistrate.

Magistrate’s Authority on Detention

• The Judicial Magistrate may, regardless of whether they have jurisdiction over the case:
  • Authorize detention of the accused in a suitable custody for up to 15 days in total.
  • If the Magistrate lacks jurisdiction to try the case and further detention is unnecessary, they may forward the accused to the competent Magistrate.

Extended Detention Beyond 15 Days (With Safeguards)

• A Magistrate may extend detention beyond 15 days, but only outside police custody, if adequate grounds exist, subject to the following limits:
  • 90 days – If the offence is punishable by death, life imprisonment, or imprisonment of 10 years or more.
  • 60 days – For all other offences.
• Upon expiry of the 90-day or 60-day period, the accused must be released on bail, provided they furnish the required bail.
• Any person released on bail under this provision shall be deemed released under Chapter XXXIII of this Code.

Key Restrictions on Magistrates

• No Magistrate shall authorize detention unless the accused is physically produced before them.
• A Second-Class Magistrate (not specially empowered by the High Court) cannot authorize detention in police custody.

Detention by an Executive Magistrate (If Judicial Magistrate is Unavailable)

• If a Judicial Magistrate is unavailable, the officer in charge of the police station or the investigating officer (not below Sub-Inspector rank) may:
  • Transmit case diary records to the nearest Executive Magistrate with Judicial/Metropolitan Magistrate powers.
  • Forward the accused to the same Executive Magistrate.
• The Executive Magistrate may authorize detention for up to 7 days in total.
• Before the 7-day period expires, the Executive Magistrate must forward the case records to the nearest Judicial Magistrate.
• Any further detention must be authorized by a competent Magistrate, and the period of detention under the Executive Magistrate will count towards the total detention period.

Recording of Reasons for Detention

• Any Magistrate authorizing police custody must record the reasons for doing so.
• A Magistrate (other than the Chief Judicial Magistrate) must send a copy of the detention order and reasons to the Chief Judicial Magistrate.

Investigation Deadlines in Summons Cases

• If the investigation in a summons case is not concluded within six months from the date of arrest, the Magistrate must stop further investigation, unless the investigating officer provides special reasons in the interest of justice to continue beyond six months.
• If an order stopping the investigation is issued, the Sessions Judge may, upon application or otherwise, vacate the order and allow further investigation with conditions on bail and other matters as necessary.