ISSUE:
Whether a person arrested and produced before the nearest magistrate as required under the section 167(1) Code of Criminal Procedure can still be remanded to police custody after the expiry of the initial period of 15 days?
Whether a person arrested in respect of an offence alleged to have been committed by him during an occurrence can be detained again in police custody in respect of another offence committed by him in the same case and which fact comes to light after the expiry of the period of the first 15 days of his arrest?
RULE:
Whenever any person is arrested under Section 57 CrPC he should be produced before the nearest Magistrate within 24 hours as mentioned therein. Such Magistrate may or may not have jurisdiction to try the case. If Judicial Magistrate is not available, the police officer may transmit the arrested accused to the nearest Executive Magistrate on whom the judicial powers have been conferred.