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1 - 10 of 15 (0.18 seconds)Section 57 in The Indian Penal Code, 1860 [Entire Act]
Section 57 in The Code of Criminal Procedure, 1973 [Entire Act]
The Code of Criminal Procedure, 1973
Section 420 in The Indian Penal Code, 1860 [Entire Act]
Chaganti Satyanarayan & Ors vs State Of Andhra Pradesh on 8 May, 1986
13. As the legal position noted above have an important
bearing in discharge of the day to day magisterial powers contemplated
under Section 167 (2) of the Cr.P.C., we considered it appropriate to
sum up briefly and reiterate the settled legal position that whenever
any person is arrested under Section 57 Cr.P.C., he should be produced
before the nearest Magistrate within 24 hours as mentioned therein.
Such Magistrate may or may not have jurisdiction to try the case.
This position was further enunciated upon in Chaganti Narayan
Satyanarayan & Ors Vs. State of Andhra Pradesh (1986 AIR 2130) wherein
it was held that the terms of sub section (1) of Section 167 have to
be read in conjunction with Section 57 which interdicts a police
officer from keeping in custody a person without warrant for a longer
period than 24 hours without production before a Magistrate, subject
to the exception that the time taken for performing journey from the
place of arrest to the Magistrate’s court can be excluded from the
prescribed period of 24 hours. Since sub section (1) provides that if
the investigation cannot be completed within the period of 24 hours
fixed by Section 57 the accused has to be forwarded to the Magistrate
alongwith the entries in the Diary, it follows that a police officer
is entitled to keep an arrested person in custody for a maximum period
of 24 hours for purposes of investigation.