Question

S.167 of the Criminal Procedure Code provides that the nature of custody can be altered from judicial custody to police custody and vice-versa this alteration can be done during the period of first

• A. 15 days
• B. 16 days
• C. 14 days
• D. 12 days

Hint:

For S.167 CrPC, remember the "15-day rule" for police custody. Police custody, in one or more spells, cannot exceed 15 days in total and can only be granted within the first 15 days of remand. After that, it's only judicial custody up to the 60/90 day limit for filing the charge sheet.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
Section 167 of the CrPC deals with the procedure when an investigation cannot be completed within 24 hours. It governs the remand of an accused to custody. The law allows for two types of custody: police custody (where the accused is in the custody of the police for interrogation) and judicial custody (where the accused is in the custody of the court, usually lodged in jail).
Step 2: Detailed Explanation:
Section 167(2) of the CrPC empowers a Magistrate to authorize the detention of the accused in such custody as he thinks fit, for a term not exceeding fifteen days in the whole.
The proviso to this section further states that the Magistrate may authorize the detention of the accused person, otherwise than in the custody of the police, beyond the period of fifteen days if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this paragraph for a total period exceeding 90 days or 60 days, as the case may be.
The Supreme Court, in cases like \textit{Central Bureau of Investigation, Special Investigation Cell-I, New Delhi v. Anupam J. Kulkarni}, has clarified the law on this point. It held that:
- Police custody can only be granted during the first 15 days of remand from the date of the first production of the accused before the Magistrate.
- During these first 15 days, the nature of custody can be altered between police and judicial custody. For example, an accused could be in police custody for 5 days, then judicial custody for 5 days, and then back in police custody for another 5 days, as long as the total period of police custody does not exceed 15 days and all such orders are passed within the initial 15-day period.
- After the expiry of the first 15 days, the accused can only be remanded to judicial custody.
Therefore, the alteration between judicial and police custody is permissible only during the first 15 days.