Section 167 CrPC: Procedure when investigation cannot be completed in twenty-four hours

Code of Criminal Procedure, 1973

Section 167 CrPC at a Glance

Section 167 CrPC deals with procedure when investigation cannot be completed in twenty-four hours. From 1 July 2024 it is replaced by Section 187 BNSS. Popularly called remand and default bail. On the expiry of ninety days, or sixty days, as the case may be, the accused shall be released on bail if prepared to and does furnish bail; Section 187(2) BNSS lets the fifteen days of custody run in parts within the initial forty days or sixty days.

Now BNSS

Section 187 →

What Section 167 CrPC Says

167. Procedure when investigation cannot be completed in twenty-four hours
(1) Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 57, and there are grounds for believing that the accusation or information is well-founded, the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of sub-inspector, shall forthwith transmit to the nearest Judicial Magistrate a copy of the entries in the diary hereinafter prescribed relating to the case, and shall at the same time forward the accused to such Magistrate.
(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; and if he has no 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 the 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 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—
(i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years;
(ii) sixty days, where the investigation relates to any other offence, and, on the expiry of the said period of ninety days, or sixty days, as the case may be, 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 sub-section shall be deemed to be so released under the provisions of Chapter XXXIII for the purposes of that Chapter;
(b) no Magistrate shall authorise 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;
(c) no Magistrate of the second class, not specially empowered in this behalf by the High Court, shall authorise detention in the custody of the police.
Explanation I.—For the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of the period specified in paragraph (a), the accused shall be detained in custody so long as he does not furnish bail.
Explanation II.—If any question arises whether an accused person was produced before the Magistrate as required under clause (b), the production of the accused person may be proved by his signature on the order authorising 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.
Provided further that in case of a woman under eighteen years of age, the detention shall be authorised to be in the custody of a remand home or recognised social institution.
(2A) Notwithstanding anything contained in sub-section (1) or sub-section (2), the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of a sub-inspector, may, where a Judicial Magistrate is not available, transmit to the nearest Executive Magistrate, on whom the powers of a Judicial Magistrate or Metropolitan Magistrate have been conferred, a copy of the entry in the diary hereinafter prescribed relating to the case, and shall, at the same time, forward the accused to such Executive Magistrate, and thereupon such Executive Magistrate, may, for reasons to be recorded in writing, authorise the detention of the accused person in such custody as he may think fit for a term not exceeding seven days in the aggregate; and, on the expiry of the period of detention so authorised, the accused person shall be released on bail except where an order for further detention of the accused person has been made by a Magistrate competent to make such order; and, where an order for such further detention is made, the period during which the accused person was detained in custody under the orders made by an Executive Magistrate under this sub-section, shall be taken into account in computing the period specified in paragraph (a) of the proviso to sub-section (2):
Provided that before the expiry of the period aforesaid, the Executive Magistrate shall transmit to the nearest Judicial Magistrate the records of the case together with a copy of the entries in the diary relating to the case which was transmitted to him by the officer in charge of the police station or the police officer making the investigation, as the case may be.
(3) A Magistrate authorising under this section detention in the custody of the police shall record his reasons for so doing.
(4) Any Magistrate other than the Chief Judicial Magistrate making such order shall forward a copy of his order, with his reasons for making it, to the Chief Judicial Magistrate.
(5) If in any case triable by a Magistrate as a summons-case, the investigation is not concluded within a period of six months from the date on which the accused was arrested, the Magistrate shall make an order stopping further investigation into the offence unless the officer making the investigation satisfies the Magistrate that for special reasons and in the interests of justice the continuation of the investigation beyond the period of six months is necessary.
(6) Where any order stopping further investigation into an offence has been made under sub-section (5), the Sessions Judge may, if he is satisfied, on an application made to him or otherwise, that further investigation into the offence ought to be made, vacate the order made under sub-section (5) and direct further investigation to be made into the offence subject to such directions with regard to bail and other matters as he may specify.

Source: Section 167, Code of Criminal Procedure, 1973

Section 167 CrPC in Simple Words

Section 167 of the Code of Criminal Procedure, 1973 applies to a person who is arrested and detained in custody. Further conditions apply: the investigation cannot be completed within the twenty-four hours fixed by section 57 of the Code, and there are grounds for believing the accusation or information is well-founded. The officer in charge of the police station shall then forthwith transmit to the nearest Judicial Magistrate a copy of the diary entries on the case. The officer shall forward the accused to that Magistrate at the same time. The police officer making the investigation has the same duty if not below the rank of sub-inspector. That Magistrate may authorise detention of the accused in whatever custody the Magistrate thinks fit, from time to time, whether or not the Magistrate has jurisdiction to try the case. The detention authorised in this way cannot exceed fifteen days in the whole. If the Magistrate has no jurisdiction to try or commit the case and thinks further detention unnecessary, the Magistrate may order the accused forwarded to a Magistrate who has jurisdiction. The proviso at Section 167(2)(a) CrPC lets the Magistrate authorise detention beyond fifteen days, but not in the custody of the police, if satisfied that adequate grounds exist. No Magistrate shall authorise detention in custody under that paragraph for a total above the following caps. The cap is ninety days where the offence under investigation is punishable with death, life imprisonment, or imprisonment for a term that is not less than ten years. The cap is sixty days where the investigation concerns any other offence. When the ninety days or sixty days, as the case may be, expire, the accused shall be released on bail if prepared to furnish bail and does furnish it.

Anyone released on bail under Section 167(2) CrPC is treated as released under Chapter XXXIII of the Code, for the purposes of that Chapter. Under Section 167(2)(b) CrPC, no Magistrate shall authorise detention in police custody unless the accused is produced before the Magistrate in person for the first time. Production in person is required subsequently every time, for as long as the accused remains in the custody of the police. Further detention in judicial custody may be extended on production of the accused either in person or through electronic video linkage. Under Section 167(2)(c) CrPC, a Magistrate of the second class who is not specially empowered by the High Court for this purpose shall not authorise detention in police custody. Explanation I is declared for the avoidance of doubts. It is hereby declared that, even after the period in Section 167(2)(a) CrPC expires, the accused shall be detained in custody for as long as bail is not furnished. Explanation II deals with a question whether the accused was produced as Section 167(2)(b) CrPC requires. Production may be proved by the signature of the accused on the detention order, or by the Magistrate's certified order recording production through electronic video linkage, as the case may be. A further proviso says that a woman under eighteen years of age shall be authorised to be detained in the custody of a remand home or recognised social institution. Section 167(2A) CrPC applies despite Section 167(1) CrPC and Section 167(2) CrPC, where a Judicial Magistrate is not available. The officer in charge of the police station, or the investigating officer if not below the rank of sub-inspector, may transmit a copy of the diary entry to the nearest Executive Magistrate. That Executive Magistrate must be one on whom the powers of a Judicial Magistrate or Metropolitan Magistrate have been conferred, and the officer shall forward the accused to the Executive Magistrate at the same time.

The Executive Magistrate may then, for reasons recorded in writing, authorise detention of the accused in whatever custody the Executive Magistrate thinks fit, for not more than seven days in the aggregate. When that detention expires, the accused shall be released on bail, unless a Magistrate competent to do so has ordered further detention. If further detention is ordered, the time spent in custody under the Executive Magistrate's orders shall be counted when working out the period in Section 167(2)(a) CrPC. The proviso to Section 167(2A) CrPC says that, before that period expires, the Executive Magistrate shall transmit the records of the case to the nearest Judicial Magistrate. The records shall go with the copy of the diary entries that the police officer transmitted to the Executive Magistrate. Under Section 167(3) CrPC, a Magistrate who authorises detention in the custody of the police shall record the reasons for doing so. Under Section 167(4) CrPC, any Magistrate other than the Chief Judicial Magistrate who makes such an order shall forward a copy of the order, with the reasons, to the Chief Judicial Magistrate. Section 167(5) CrPC applies to a case triable by a Magistrate as a summons-case, where the investigation is not concluded within six months from the date of the arrest of the accused. The Magistrate shall make an order stopping further investigation into the offence. The exception is where the investigating officer satisfies the Magistrate that, for special reasons and in the interests of justice, continuing the investigation beyond six months is necessary. Under Section 167(6) CrPC, the Sessions Judge may vacate an order stopping investigation made under Section 167(5) CrPC, if satisfied that further investigation into the offence ought to be made. The Sessions Judge may be satisfied on an application or otherwise, and may then direct further investigation subject to such directions on bail and other matters as the Sessions Judge specifies.

Who Can Use Section 167 CrPC

When an arrested person is detained in custody and there are grounds for believing that the accusation or information is well-founded, the officer in charge of the police station or the police officer making the investigation, if not below the rank of sub-inspector, shall send the case diary entries and forward the accused to the nearest Judicial Magistrate if the investigation cannot finish in twenty-four hours.
A Magistrate before whom the accused is brought under Section 167(2) CrPC may authorise detention whether having trial jurisdiction or not, and if lacking jurisdiction to try the case or commit it for trial and considering further detention unnecessary, may order the accused forwarded to a Magistrate having jurisdiction.
Under the proviso in Section 167(2)(b) CrPC, a Magistrate shall not authorise police custody unless the accused is produced in person the first time and every subsequent time while in police custody, though judicial custody may be extended upon production in person or through the medium of electronic video linkage.
Under the provisos to Section 167(2) CrPC, a Magistrate of the second class cannot authorise police custody unless specially empowered by the High Court, and for a woman under eighteen years of age, detention shall be authorised in the custody of a remand home or recognised social institution.
Any Magistrate who authorises detention in police custody under Section 167(3) CrPC and Section 167(4) CrPC shall record reasons for doing so, and any Magistrate other than the Chief Judicial Magistrate making that order shall forward a copy of the order with reasons to the Chief Judicial Magistrate.
Where a Magistrate orders further investigation stopped in a summons-case under Section 167(5) CrPC, the Sessions Judge under Section 167(6) CrPC may, if satisfied on an application or otherwise that further investigation ought to be made, vacate that order and direct further investigation subject to directions on bail and other matters.

Time Limits Under Section 167 CrPC

When an investigation cannot be completed within the period of twenty-four hours fixed by Section 57 CrPC, the investigating officer shall forthwith transmit a copy of the case diary entries to the nearest Judicial Magistrate and at the same time forward the accused under Section 167(1) CrPC.Act text: “cannot be completed within the period of twenty-four hours fixed by section 57”
The Magistrate to whom an accused person is forwarded under Section 167(2) CrPC may authorise the detention of the accused in such custody as the Magistrate thinks fit for a term not exceeding fifteen days in the whole.Act text: “in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days”
Under the proviso in Section 167(2)(a)(i) CrPC, a Magistrate satisfied that adequate grounds exist may authorise detention other than in police custody beyond fifteen days up to a total period of ninety days where the investigation relates to an offence punishable with death, imprisonment for life, or imprisonment for a term of not less than ten years.Act text: “ninety days, where the investigation relates to an offence punishable with death, imprisonment for life”
Under the proviso in Section 167(2)(a)(ii) CrPC and Explanation I, total detention cannot exceed sixty days where the investigation relates to any other offence, and on the expiry of the sixty-day or ninety-day period the accused shall be released on bail if prepared to and furnishing bail, but remains detained so long as bail is not furnished.Act text: “sixty days, where the investigation relates to any other offence, and, on the expiry of the said period”
Where a Judicial Magistrate is unavailable under Section 167(2A) CrPC, an Executive Magistrate on whom the powers of a Judicial Magistrate or Metropolitan Magistrate have been conferred may, for reasons to be recorded in writing, authorise detention for up to seven days in the aggregate, must transmit the case records and diary entries to the nearest Judicial Magistrate before that period expires, and, where a competent Magistrate orders further detention, that period counts toward the sixty-day or ninety-day limit.Act text: “in such custody as he may think fit for a term not exceeding seven days”
In any case triable by a Magistrate as a summons-case under Section 167(5) CrPC, if the investigation is not concluded within six months from the date of arrest, the Magistrate shall order further investigation stopped unless the investigating officer satisfies the Magistrate that continuation beyond six months is necessary for special reasons and in the interests of justice.Act text: “the investigation is not concluded within a period of six months from the date on which the accused was arrested”

Example of Section 167 CrPC

Sub-Inspector Rajesh arrests Vikram for an offence punishable with imprisonment for a term of not less than ten years. The investigation cannot be completed within the twenty-four hours fixed by Section 57 of the Code of Criminal Procedure, 1973, and there are grounds for believing that the accusation is well-founded. Rajesh forthwith transmits the case diary entries and forwards Vikram in person to the nearest Judicial Magistrate under Section 167(1) CrPC. The Magistrate records reasons and authorises police custody for fifteen days, then extends judicial custody after being satisfied that adequate grounds exist. Under Section 167(2)(a)(i) CrPC, total detention cannot exceed ninety days. On the expiry of ninety days, Vikram furnishes bail and is released.

When Section 167 CrPC Does Not Apply

Section 167(1) CrPC does not apply when the investigation can be completed within the period of twenty-four hours fixed by Section 57 CrPC or when there are no grounds for believing that the accusation or information is well-founded.
An investigating police officer who is not the officer in charge of the police station and is below the rank of sub-inspector cannot transmit the case diary entries or forward the accused under Section 167(1) CrPC.
Under the provisos in Section 167(2)(a) CrPC and Section 167(2)(b) CrPC, a Magistrate cannot authorise detention in the custody of the police beyond the period of fifteen days in the whole or when the accused is not produced before the Magistrate in person.
Under Explanation I to Section 167(2) CrPC, release on bail upon the expiry of the sixty-day or ninety-day period does not apply so long as the accused person does not furnish bail.

Remand and Default Bail Under BNSS 187: What Changed

Section 167 CrPC is now covered under Section 187 BNSS.

Section 167 of the Code of Criminal Procedure, 1973 became Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with sub-section renumbering and updated cross-references as changes of form. Section 187(2) BNSS requires the Magistrate to consider whether the accused has not been released on bail or bail was cancelled, and allows fifteen days of custody in the whole or in parts during the initial forty days or sixty days of the sixty-day or ninety-day period. Section 187(3) BNSS does not carry over the words otherwise than in custody of the police, and a new proviso in Section 187(5) BNSS restricts detention locations.

View detailed comparison (CrPC 167 vs BNSS 187) →

FAQs on Section 167 CrPC

When must the police forward an arrested person to a Magistrate under Section 167 CrPC?▼

When a person is arrested and detained in custody, and the investigation cannot be completed within the twenty-four hours fixed by Section 57 of the Code of Criminal Procedure, 1973, Section 167(1) CrPC applies if there are grounds for believing that the accusation or information is well-founded. The officer in charge of the police station or the police officer making the investigation, if not below the rank of sub-inspector shall forthwith transmit the case diary entries to the nearest Judicial Magistrate and at the same time forward the accused.

What is the maximum period of detention during investigation under Section 167(2) CrPC?▼

Section 167(2) of the Code of Criminal Procedure, 1973 lets a Magistrate authorise detention in such custody as the Magistrate thinks fit for up to fifteen days in the whole. Under the proviso in Section 167(2)(a) CrPC, if adequate grounds exist, detention other than in police custody may be authorised up to ninety days for offences punishable with death, life imprisonment, or imprisonment for not less than ten years, and sixty days for any other offence. On expiry, the accused shall be released on bail if furnishing bail.

What happens under Section 167(2A) CrPC when a Judicial Magistrate is not available?▼

Where a Judicial Magistrate is not available, Section 167(2A) of the Code of Criminal Procedure, 1973 lets the officer in charge of the police station or the police officer making the investigation, if not below the rank of sub-inspector, forward the accused and case diary entry to the nearest Executive Magistrate conferred with Judicial or Metropolitan Magistrate powers. That Executive Magistrate may, for reasons to be recorded in writing, authorise detention for up to seven days in the aggregate and must transmit the case records to the nearest Judicial Magistrate before that period expires.

When must a Magistrate stop further investigation in a summons-case under Section 167 CrPC?▼

In any case triable by a Magistrate as a summons-case, Section 167(5) of the Code of Criminal Procedure, 1973 requires the Magistrate to order further investigation stopped if the investigation is not concluded within six months from the date of arrest, unless the investigating officer satisfies the Magistrate that continuation beyond six months is necessary for special reasons and in the interests of justice. Under Section 167(6) CrPC, a Sessions Judge may vacate that order and direct further investigation.

Where is Section 167 CrPC located after the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. From 1 July 2024, the provision corresponding to Section 167 CrPC is found in Section 187 BNSS. Under the official mapping, Section 167(2) CrPC maps to Section 187(2) BNSS, Section 167(2)(a) CrPC to Section 167(2)(c) CrPC map to Section 187(3) BNSS to Section 187(5) BNSS, and Section 167(2A) through Section 167(6) CrPC map to Section 187(6) through Section 187(10) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 27 Oct 2026 ·