(a)When circumstance arise which justify proceedings being taken against a man under section 109, Code of Criminal Procedure, 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 should be forwarded to the Magistrate with the necessary witnesses, with a request 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, Code of Criminal Procedure. 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 section 167(7) 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, Code of Criminal Procedure, 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 under section 109, Code of Criminal Procedure, should 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 section 55(a) and (b) and section 109(a) and (b) of the Code of Criminal Procedure.(b)If the Magistrate declines to grant a remand under section 344, Code of Criminal Procedure, in order that the previous history of the accused may be ascertained, when the circumstances justifying the arrest have been proved and the publishing drawn up, the Court officer 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.
