105. Proceedings under section 109 Cr. PC. - (a) When circumstances arise which justify proceedings being taken against a man under section 109, Code of Criminal Procedure, 1898 (Act V of 1898), he should be arrested under section 55 of that Code, and, if unable to furnish bail, sent to the Magistrate, if, however, immediate drawing up of proceedings is contemplated, the prisoner shall be for-warded to the Magistrate with the necessary witnesses. If for any exceptional reason further enquiry is considered desirable before drawing up proceedings either for the purpose of verifying the prisoneer's antecedents, collecting further evidence or otherwise, the Magistrate shall be moved to grant a remand under section 167, Code of Criminal Procedure, 1898. In such a case it will ordinarily be sufficient to send copies of the entries in the diary relating to the case as required by sub-section (1) of section 167, of the Code of Criminal Procedure, 1898, and witnesses need not be sent unless the Magistrate particularly wishes to examine them.
It should be borne in mind 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, 1898, before the actual drawing up of proceedings under section 109. In case the prisoner is remanded to jail custody without drawing up any proceedings and without any specific charge, section 109, Code of Criminal Procedure, 1898, shall be noted in the jail warrant. It is to be observed that the circumstances which justify an arrest are identical with those which justify proceedings and are described in practically identical terms in clauses (a) and (b) of sub-section (1) of section 55 and clauses (a) and (b) of section 109 of the Code of Criminal Procedure, 1898 (Act V of 1.898).(b)If the Magistrate declines to grant a remand under section 344 of the Code of Criminal Procedure, 1898, in order that the previous history of the accused may be ascertained, when the circumstances justifying the arrest have been proved and the proceedings drawn up, the Police Prosecutor shall then move the Magistrate to require the accused to enter upon his defence, and if the accused fails to give a satisfactory account of himself, to make an order under section 118 of that Code.
