93. A prisoner may not, under Section 167 of the Code, be detained in the custody of the police for a longer period than fifteen days in the whole, i.e., the whole period of his detention by the police should not exceed twenty-four hours plus fifteen days; exclusive of the time occupied in the journey to the Magistrate's Court after his arrest. When this period has expired an order of further remand should be passed under Section 344 of the Code after the case has been put up for trial before the Magistrate having jurisdiction.
Note 1. Order of remand under Section 344 of the Code have nothing to do with Police Investigation and the accused need not be remanded to police custody.Note 2. The decision to remand an accused under Section 344 of the Code is not a mere formality which can be left to a clerk, but is one which must be taken by the Magistrate himself in the exercise of the judicial discretion. The accused can be remanded for fifteen days at a time. Repeated remands should not be made except for strong reasons which should be recorded.
