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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.
STATE AMENDMENTS
Andaman and Nicobar Islands and Lakshadweep:
In section 167, -
(i) In sub-section (1) after the words "nearest Judicial Magistrate" the words "or, if there is no Judicial Magistrate in an island, to an Executive Magistrate functioning in that island" shall be inserted;
(ii) After sub-section (1), the following sub-section shall be inserted, namely.
"(1A) Where a copy of the entries in diary is transmitted to an Executive Magistrate, reference in section 167 to a Magistrate shall be construed as references to such Executive Magistrate;"
(iii) To sub-section (3), the following proviso shall be added, namely.
"Provided that no Executive Magistrate other than the District Magistrate or Sub-divisional Magistrate, shall unless he is specially empowered in this behalf by the State Government authorize detention in the custody of the police."
(iv) To sub-section (4), the following proviso shall be added, namely.
"Provided that, where such order is made by an Executive Magistrate, the Magistrate making the order shall forward a copy of the order, with his reasons for making it, to the Executive Magistrate to whom he is immediately subordinate."
[Vide Regulation 1 of 1974, sec. 5 (w.e.f. 30-3-2024)].
Gujarat:
In the proviso to sub-sec. (2) of section 167, -
(i) For paragraph (a), the following paragraph shall be substituted, namely.
"(a) The Magistrate may authorize 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 authorize the detention of the accused person in custody under this section for a total period exceeding-
(i) One hundred and twenty 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) If sixty days, where the investigation relates to any offence:
And on the expiry, of the said period of one hundred and twenty 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 section shall be deemed to be so released under tire provisions of Chapter XXXIII for the purposes at that Chapter;
(ii) In paragraph (b), for the words " no Magistrate shall" the words "no Magistrate shall, except for reason to be recorded in writing" shall be substituted:
(iii) The Explanation shall be numbered as Explanation II and before Explanation II as so remembered, the following Explanation shall be inserted, namely.
Explanation 1 - For the avoidance of' doubts, it is hereby, declared that, not withstanding the expiry of' the period specified in paragraph (a) the accused person shall be detained in custody so long as he does not furnish bail.
Amendment to apply to pending investigation.-The provisions of' section 167 of the Code of Criminal Procedure, 1973, as amended by this Act, shall apply to every investigation pending immediately, before the commencement of this Act. If the period of' of detention of' the accused person, otherwise than in the custody of the police authorised under that section, had not, at such commencement, exceeds sixty days.
[Vide President Act 21 of' 1976 (w.e.f. 7-5-2024)]. [Ed. These amendments have been made prior to the enactment of the Code of Criminal Procedure (Amendment) Act, 1978 (Central Act 45 of 1978), sec. 13 (w.e.f. 18-12-2023)].
Haryana:
After section 167, insert the following section namely.
"167A.-Procedure on arrest by Magistrate.- For the avoidance of doubt, it is hereby declared that the provisions of' section 167 shall, so far as may be, apply also in relation to any person arrested by, or under any order or direction of, Magistrate whether executive or Judicial"
[Vide President Act 20 of 1981, sec. 2 (w.e.f.22-12-1981)].
Orissa:
In section 167, in paragraph (a) of the proviso to sub-section (2),-
(i) for the words "under this paragraph" the words " under this section" shall be substituted; and
(ii) for the words "ninety days" wherever they occur, the words "one hundred and twenty days" shall be substituted.
[Vide Orissa Act, 11 of 1997 sec. 2 9w.e.f. 20-10-2023)].
Punjab:
In section (2) of 'section 167, for the words "fifteen days" at both the places where they occur, the words "thirty days" shall be substituted.
[Vide president Act 1 of' 1984, sec. 2 (w.e.f 23-6-2024)].
Tripura:
In paragraph (a) of the proviso to sub-section (2) of' section 167, -
(a) For the words "ninety days" wherever they occur, the words under hundred eighty days shall he substituted;
(b) For the words "sixty days" wherever they occur, the words "one hundred twenty days" shall be substituted.
[Vide Tripura Act 6 of' 1992. sec. 2 (w.e.f 29-7-2023)].
Uttar Pradesh:
After section 167, insert the following section namely:
"167A. Procedure on arrest by Magistrate.-For the avoidance of doubts, it is hereby declared that the provisions of section 167 shall so far as may be, apply in relation to any person arrested by, or under any order or direction of, a Magistrate whether executive or Judicial.
[Vide U.P. Act 18 of 1978].
West Bengal:
In section 167, -
(a) For sub-section (5). The following sub-section shall be submitted.
"(5) If, in respect of -
(i) Any case triable by a Magistrate as a summons case, the investigation is not concluded within a period of six months, or
(ii) Any case exclusively triable by a Court of Sessions or a case under Chapter XVIII of the Indian Penal Code (45 of 1860), the investigation in not conducted within a period of three years, or
(iii) Any case other than those mentioned in clauses (i) and (ii), the investigation is not conducted within a period of two year, from the date on which the accused was arrested made his appearance, the Magistrate shall make an order stopping further investigation into the offence and shall discharge the accused 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 mentioned in this sub-section is necessary".
(b) In sub-section (6), after the words any order stopping further investigation into an offence has been made "the words "and the accused has been discharged" shall be inserted.
[Vide W.B. Act 24 of 1988 sec. 4].
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