431. Prosecution of cases under section 109 Criminal Procedure Code. [§ 12, Act V, 1861].
- The Court officer on receipt of an accused person arrested under section 55 of the Code of Criminal Procedure, with a view to proceedings under section 109, shall, if the immediate drawing up of proceedings is contemplated, produce the prisoner before the Magistrate with the requisite witnesses and the Magistrate should be moved to draw up proceedings at once and to take the necessary evidence. If for any exceptional reason further enquiry is considered desirable before drawing up proceedings either for the purpose of verifying the prisoner's antecedents, collecting further evidence or otherwise, the Magistrate should be moved to grant a remand under section 167 of the Code of Criminal Procedure. In such a case, it will ordinarily be sufficient to submit copies of the entries in the diary relating to the case as required by section 167(f) and witnesses need not be sent unless the Magistrate particularly wishes to examine them. In the event of the Magistrate authorising detention in the custody of the police, he must record his reasons for doing so. It is to be observed that the prisoner can only be retained in custody in default of bail for a total period of 15 days under section 167 of the Code of Criminal Procedure, before the actual drawing up of proceedings under section 109. If subsequent remands are necessary the Magistrate should be moved under section 344 of the Code of Criminal Procedure . In case a prisoner is remanded to jail custody without drawing up any proceedings and without any specific charge, section 109 of the Code of Criminal Procedure, should be noted in the jail warrant. It shall be the duty of the Court officer to see that there is no delay in producing the evidence required to prove identity and the character and antecedents of the accused persons, etc., together with the evidence to prove that it is necessary for maintaining good behaviour that the person should be bound down.
