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[Cites 0, Cited by 0] [Section 167] [Entire Act]

State of Jammu-Kashmir - Subsection

Section 167(2) in The Code of Criminal Procedure, 1989 (1933 A. D.)

(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 authorise 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 commit it for trial and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction.[Provided that -
(a)the Magistrate may authorise detention of the accused person, otherwise than in custody of the police, beyond the period of fifteen days if he is satisfied that adequate grounds exit for doing so, but no Magistrate shall authorise that detention of the accused person in custody under this section for a total period exceeding sixty days and on the expiry of the said period of sixty days the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this section shall be deemed to be so released under tile provisions of Chapter XXXIX for the purpose of that Chapter ;
(b)[ no Magistrate shall authorize detention of the accused in custody of the police under this section unless the accused is produced before him in person for the first time and subsequently every time till the accused remains in the custody of the police, but the Magistrate may extend further detention in judicial custody on production of the accused either in person or through the medium of electronic video linkage];
[Explanation. - If any question arises whether an accused person was produced before the Magistrate as required under clause (b), the production of accused person may be proved by his signatures on the order authorized detention or by the order certified by the Magistrate as to production of the accused person through the medium of electronic video linkage, as the case may be.] [Added by Governor Act No. 48 of 2018, dated 13.12.2018.]
(c)no Magistrate of the second class not specially empowered in this behalf by the Government or the High Court, as the case may be, shall authorise detention in the custody of the police.]