- Under section 164 of Crpc it is not the duty of the Magistrate to record the confessional statement in the form of questions and answers.
- Statements, other than a confession, of a person can be recorded even at the stage of investigation by administering oath of such person by the Magistrate under section 164(5).
- A non-confessional statement recorded under section 164 of Crpc is not a substantive piece of evidence.
- Under section 164A of Crpc, the medical examination of a rape victim shall be conducted by any registered medical practitioner with the consent of the victim or of any person competent to give such consent in her behalf.
- When a search is required to be conducted outside India, a criminal court may under sec 166-A of Crpc issue a Letter of Request.
- A police remand is possible for a person already sent to judicial custody.
- On the non-completion of investigation ie., failure of the prosecution to file chargesheet within the prescribed period of 90 or 60 days, as given in section 167 of Crpc, the accused shall be released in Default Bail if he is prepared to and does furnish bail.
- The concept of Default bail is to be examined in light of article 22 read with article 21 ie., the fundamental right against unlawful detention.
- The default bail can be cancel under section 439(2) by Court of Sessions or High Court. The same Magistrate who granted the bail under section 167 cannot cancel the bail.
- The investigating officer shall within 24 hours of arrest of a person transmit to the nearest Judicial Magistrate a copy of the entries in the diary relating to that case along with accused, if the investigation is not completed within 24 hours.
- When investigation not completed within 24 hours, the largest period for which an accused can be remanded to police custody is 15 days. (Sec 167(2))
- In CBI Special Investigation Cell, New Delhi vs Anupam J Kulkarni, it was held that the burden of proving the necessity of police remand lies on the prosecution and the court will normally be reluctant or disinclined to grant police custody unless it finds compelling reasons for the same.
- The court will count 15 days’ time from the date of production of accused before him. That is even in case of surrender the counting of initial 15 days will start when the accused is formally arrested and produced before the Magistrate under section 167 Crpc.
- Under section 167(2A) of Crpc an Executive Magistrate is empowered to grant remand for a maximum period of 7 days.
- Under section 167 of Crpc for offences other than those punishable with Death, imprisonment for life or imprisonment for a period not less than 10 years, the detention during investigation can be authorised for a total period of 60 days.
- Under section 167 of Crpc, for offences punishable with Death, imprisonment for life or imprisonment for a period not less than 10 years, the detention during investigation can be authorised for a total period of 90 days.
- Where upon an investigation it appears to the PO that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, such officer shall, if such person is in custody, release him on a bond. (Sec 169)
- Concept of Closure Report or final report is provided under section 169 Crpc.
- Cognizance is taken of the offence and not of the accused, therefore if an accused has absconded even in that case the cognizance can be taken in his absence.
