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BATANE TAYU   13 September 2017

Investigation

Does the police have the right to detain someone in custody during an investigation..??



Learning

 2 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     14 September 2017

Sir, 

 

How Long the person has been deatined ? 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741 

 

Raveena Kataria (Advocate )     14 September 2017

Hi,please take note of the followings sections:

Section 167; Code of Criminal Procedure

Section 57; Code of Criminal Procedure

Thus, the police cannot detain an accused without a warrant beyond 24 hours of arrest (upon completion of which the accused is to be forwarded to the judicial magistrate,) unless they deem it necessary for the accused to stay in custody for more than 24 hours for the continuing of investigation, for which again, they would need authorization by the magistrate. 


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