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Category: Rules Regarding Investigation Beyond 24 Hours

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Rules Regarding Investigation Beyond 24 Hours

Central Bureau of Investigation v. Anupam J. Kulkarni (AIR (1992) SC 1768)

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.

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Rules Regarding Investigation Beyond 24 Hours

Sanjay Dutt v. State through CBI Bombay (1994 (2) ALT (Cri) 573)

ISSUE:

Whether the defence set up by an accused is really a defence of an exception or is a defence to assert the non-existence of a fact, which is an ingredient of an offence to be proved by the prosecution, depends upon the construction of the particular statute?
Whether the application for bail on ground of 'default' under Section 20(4) is filed first or the report as envisaged by Clause (bb) is filed by the public prosecutor first so long as both are considered while granting or refusing bail?
Whether in this context the words 'arms and ammunition' in Section 5 should be read conjunctively?

RULE:

Sections 3 and 7 read with Sections 25(1)(A), (1)(B)(a) of the Arms Act, 1959

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