AI Overview...
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Section 167(2) Cr.P.C. - Police Remand Limit: The law prescribes that police custody cannot exceed 15 days. After this period, further remand must be ordered by the magistrate, typically in judicial custody, and police remand beyond 15 days is generally not permissible G. Priyadarshini VS State by The Assistant Commissioner of Police - Madras, State Of Haryana VS Zafar Ali - Punjab and Haryana, Shashi Tulsiyan VS Central Bureau of Investigation - Calcutta.
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Legal Interpretation of Custody Duration: Courts have consistently held that the initial 15-day period is the maximum for police custody. Any extension beyond this requires judicial custody remand, and police cannot unilaterally extend custody past 15 days Chandra Dev Ram Yadav and Another VS State of U. P, and Another - Allahabad, Manjar VS State Of U. P. - Allahabad, K. A. Sabu VS Central Bureau Of Investigation - Kerala.
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Magistrate’s Role and Jurisdiction: Only a magistrate with proper jurisdiction can remand an accused beyond the initial 15 days, and such remand must be under judicial custody, not police custody, after the period expires State VS Raghuraj Singh - Allahabad.
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Exceptions and Judicial Rulings: Some rulings support that police custody may be extended beyond 15 days in exceptional circumstances, but such extensions are subject to judicial approval and scrutiny. The courts have emphasized adherence to the statutory limit unless specific judicial orders justify otherwise STATE OF KERALA vs M N NARAYANADAS @ SATHEESH - Kerala.
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Case Law and Precedents: The landmark case of Kulkarni (1992) clarified that police custody cannot exceed 15 days in total, and any detention beyond that must be under judicial custody. Courts have also emphasized that the purpose of the 15-day limit is to prevent arbitrary detention and ensure judicial oversight S. Harsimran Singh VS State Of Punjab - Punjab and Haryana, K. A. Sabu VS Central Bureau Of Investigation - Kerala.
Analysis and Conclusion
Under Section 167(2) Cr.P.C., police custody is restricted to a maximum of 15 days. After this period, any further detention must be ordered as judicial custody by a magistrate. Police remand beyond 15 days is generally illegal unless explicitly authorized by judicial orders, as upheld by courts. Therefore, after 15 days, police cannot unilaterally extend custody, and any such extension requires judicial approval, ensuring judicial oversight and safeguarding individual rights.
References: - G. Priyadarshini VS State by The Assistant Commissioner of Police - Madras - State Of Haryana VS Zafar Ali - Punjab and Haryana - Shashi Tulsiyan VS Central Bureau of Investigation - Calcutta - Chandra Dev Ram Yadav and Another VS State of U. P, and Another - Allahabad - Manjar VS State Of U. P. - Allahabad - State VS Raghuraj Singh - Allahabad - K. A. Sabu VS Central Bureau Of Investigation - Kerala - STATE OF KERALA vs M N NARAYANADAS @ SATHEESH - Kerala - Kulkarni (1992) 3 SCC 141
Search Results for "167 2 of Cr P C for Police Remand after 15 Days Custody"
2013 0 Supreme(All) 2060 • India - Allahabad
VISHNU CHANDRA GUPTA
Issues: The legality of police custody remand beyond the first 15 days and the interpretation of Section 167(2) Cr.P.C. ... Criminal Procedure Code - Police Custody Remand - Sections 409, 420, 467, 468, 471, 204, 301, 174A, 120B IPC and 7/13(1)d r/w ... Fact of the Case: The petitioners sought to quash an order for police custody remand under various sections....
2014 0 Supreme(Mad) 1507 • India - Madras
P.DEVADASS
Ratio Decidendi: The court held that police custody cannot be granted beyond the first 15 days of remand, as prescribed in ... Police Custody - Criminal Procedure Code - Section 167(2) - Summary Fact of the Case: The case involved A-1, who ... Issues: The main issue was whether police custody could be granted after the 15-day initial period prescribed in Section 167#....
1987 0 Supreme(All) 250 • India - Allahabad
B.L.YADAV
of 15 days in police custody. ... Whether the Magistrate was justified in refusing to grant remand for a period of 15 days in police custody? 2. ... CRIMINAL PROCEDURE CODE - SECTION 167 - REMAND - INTERPRETATION - SCOPE OF MAGISTRATE'S SCRUTINY - POLICE CUSTODY - JUDICIAL CUSTODY ... such custody i. e. #HL_S....
1968 0 Supreme(All) 121 • India - Allahabad
GYANENDRA KUMAR, YASHODANANDAN
DIRECT POLICE TO HOLD IDENTIFICATION PARADE - SECTION 344 - REMAND TO CUSTODY - ONLY MAGISTRATE HAVING JURISDICTION CAN REMAND AFTER ... days under Section 167(2), Cr.P.C., and that only the magistrate with jurisdiction could remand him to custody under Section 344 ... Only the magistrate with jurisdiction can remand an accused to custody under Section 344, Cr.P.C. after the expiry of 15....
2013 0 Supreme(SC) 151 • India - Supreme Court
VIKRAMAJIT SEN, J. CHELAMESWAR, ALTAMAS KABIR
During that stage, under Section 167(2) Cr.P.C., the Magistrate is vested with authority to remand the accused to custody, both police ... custody and/ or judicial custody, for 15 days at a time, up to a maximum period of 60 days in cases of offences punishable for less ... Court trying the offence, when the said Court assumes custody of the accused for purposes of remand during ....
2007 0 Supreme(P&H) 1216 • India - Punjab and Haryana
S.D.ANAND
(A) Criminal Procedure Code, 1973, Section 167(2)-Police Remand-Whether accused can be given to the police after 15 days period is ... remand-Whether accused can be given to the police after 15 days period is over? ... Kulkarni provides that the detention of an accused in police custody cannot exceed 15 days in the whole. ... ....
1983 0 Supreme(P&H) 539 • India - Punjab and Haryana
S.S.SANDHAWALIA, D.S.TEWATIA
CRIMINAL PROCEDURE CODE - SECTION 167(2) - POLICE CUSTODY - LIMIT OF 15 DAYS - SINGLE CASE OR SERIES OF CASES - INTERPRETATION ... Issues: Whether the limit of police custody of 15 days prescribed by Section 167 (2) of the Code of Criminal Procedure, 1973 ... police custody of 15 days is applicable only to a....
2008 0 Supreme(Cal) 1009 • India - Calcutta
ARUNABHA BASU
in custody of the police beyond the period of 15 days. ... Police remand can only be granted during the first 15 days. ... 2. Whether the trial court erred in directing the petitioners' police remand beyond the period of 15 days? ... in custody of the police beyond the period of 15 days. .......
2020 0 Supreme(Ker) 228 • India - Kerala
C.S.DIAS
On the expiry of the police custody period, the petitioner was remanded to judicial custody. ... He was remanded to police custody from 17.02.2020 to 22.02.2020. ... Code of Criminal Procedure, proviso (a) (i) to Section 167(2) – An accused who has undergone custody in ... Anupam Kulkarni [(1992) 3 SCC 141] to drive home his contention that an accused can be given in police custody only once during the first #HL_ST....
2025 Supreme(Online)(Ker) 39083 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
V. G. Arun, J
167(2) - Police custody of accused - The court addressed the interpretation of police custody duration under Section 167(2) Cr.P.C ... ., clarifying that police custody may extend beyond the initial 15 days, as supported by the ruling in V.Senthil Balaji v. ... The court set aside the lower court's order denying police custody for the 1st accus....
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