Police want 14 days? Know the limit.

Myth or fact?

What families are told at the station.

• Myth: Police can keep him as long as the investigation takes.
• Fact: Beyond 24 hours, only a Magistrate can authorise detention, and not beyond fifteen days in the whole (CrPC s.167(2)).

The rule in the Code.

Section 167(2), CrPC.

“The Magistrate to whom an accused person is forwarded under this section may … from time to time, authorize the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole.”

Code of Criminal Procedure, 1898 · Section 167(2), Procedure when investigation cannot be completed in twenty-four hours

Quick quiz. Ten more days?

Guess first, then swipe for the answer.

• A. Yes, as often as asked
• B. No, fifteen days in the whole
• C. Yes, with the SHO's approval

Answer: B. Fifteen in total.

And the Magistrate must write down why.

• s.167(2)Not exceeding fifteen days in the whole.
• s.167(3)A Magistrate authorising police custody shall record his reasons.
• s.167(4)A copy of the order, with reasons, goes to the Sessions Judge.

Not automatic.

The Lahore High Court on remand.

• Judicial mindRemand is not granted automatically on a police request (PLD 2018 Lahore 151).
• Check the evidenceThe Magistrate must see that police have some evidence against the accused (same case).
• Minimum timeRemand should be for the minimum time needed to finish the investigation (same case).

Arrested woman?

Section 167(5) adds extra protection.

• Police custodyNot allowed, except in qatl or dacoity cases, with written reasons.
• QuestioningIn the prison, with a jail officer and a female police officer present.
• Taken outOnly with the Magistrate's permission, with a female police officer, and never kept out between sunset and sunrise (s.167(7)).

Police lock-up or jail?

Two kinds of remand.

• Physical remandPolice custody, only for the purpose of investigation.
• Judicial remandJudicial custody, not the police station.
• During trialUnder s.344: judicial lock-up only, at most 15 days at a time (PLD 2025 Lahore 795).

Myth or fact?

The bail question.

• Myth: Once remand is over, bail is pointless. He will sit in jail anyway.
• Fact: Bail cannot be refused as a punishment. The Supreme Court granted bail after physical remand and months in jail (2010 SCMR 175).

Someone you know arrested?

Ask FAI in your own words. It answers with the exact section and the judgments behind it.

• Police took my brother yesterday and want 14 days of remand. What are his rights?
• Grounds to oppose physical remand under section 167 CrPC.

Example questions

What this does not mean

• Police cannot hold a person on their own beyond 24 hours. Beyond that only a Magistrate can authorise detention.
• Fifteen days is the limit in the whole under s.167(2), not a fresh period each time police ask.
• Remand is not granted automatically on a police request. The Magistrate must see some evidence and allow only the minimum time needed (PLD 2018 Lahore 151).

Questions people ask

Sources

• Code of Criminal Procedure, 1898 · Section 167(2)
  Procedure when investigation cannot be completed in twenty-four hours Pakistan Code