167. Procedure when investigation cannot be completed in twentyfour hours.__(1) Whenever 1[any
person is arrested and detained in custody, and it appears that the] investigation 2* * * cannot be completed
within the period of twentyfour hours fixed by section 61, and there are grounds for believing that the
accusation or information is wellfounded, the officer in charge of the policestation 3[or the policeofficer
making the investigation if he is not below the rank of subinspector] shall forthwith transmit to the nearest
Magistrate a copy of the entries in the diary hereinafter prescribed relating to the case, and shall at the same
time forward the accused 4* * * to such Magistrate.
(2) The Magistrate to whom an accused person is forwarded under this section may, whether he has or
has not jurisdiction to try the case from time to time authorize the detention of the accused in such custody
as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole. If he has not jurisdiction to
try the case or 5[send] it for trial, and considers further detention unnecessary, he may order the accused to
be forwarded to a Magistrate having such jurisdiction:
6[Provided that no Magistrate of the third class, and no Magistrate of the second class not specially
empowered in this behalf by the 7[Provincial Government ]shall authorise detention in the custody of the
police.]
(3) A Magistrate authorizing under this section detention in the custody of the police shall record his
reasons for so doing.
8[(4) The Magistrate giving such order shall forward a copy of his order, with his reasons for making it,
to the Sessions Judge.].
9[(5) Notwithstanding anything contained in sections 60 and 61 or hereinbefore to the contrary, where
the accused forwarded under subsection (2) is a female, the Magistrate shall not, except in the cases
involving qatl or dacoity supported by reasons to be recorded in writing, authorise the detention of the
accused in police custody, and the police officer making an investigation shall interrogate the accused
referred to in subsection��(1) in the prison in the presence of an officer of jail and a female policeofficer.
(6) The officer in charge of the prison shall make appropriate arrangements for the admission of the
investigating policeofficer into the prison for the purpose of interrogating the accused.
(7) If for the purpose of investigation, it is necessary that the accused referred to in subsection (1) be
taken out of the prison, the officer in charge of the police station or the policeofficer making investigation,
not below the rank of subinspector, shall apply to the Magistrate in that behalf and
1 Subs. ibid., s. 38, for “it appears that any”.
2 The words “under this Chapter” rep., ibid.
3 Ins. ibid.
4 The words and brackets “(if any)” rep., ibid.
5 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch., for “commit”.
6 Provisio ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 38.
7 Subs. by A.O., 1937, for “L.G”.
8 Subs. by Ordinance 12 of 1972, s. 2 and Sch., for subsection (4).
9 Ins. by Act XX of 1994, s. 2.
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