Section 167 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 167 – Bharatiya Sakshya Adhiniyam (BSA), 2023
Paraphrased Text for Clarity:
“Where any person is accused of an offense, and the investigation requires detention for collecting evidence, preventing tampering, or ensuring the presence of the accused, the officer-in-charge of the investigation may detain the accused in custody for a period as prescribed, subject to judicial oversight and maximum time limits.”
1. Key Principle
Section 167 regulates police custody and judicial detention of an accused during investigation.
It balances investigative needs with the rights of the accused under principles like personal liberty and fair trial.
Essentially, it governs pre-trial detention and the conditions under which a person may be held.
2. Key Elements
Accused Person
Section 167 applies to someone formally accused or under suspicion of a criminal offense.
Purpose of Detention
Detention is allowed only for investigation purposes, such as:
Collecting evidence
Preventing tampering with witnesses or evidence
Ensuring the presence of the accused in trial
Officer Authority
Police or investigating officers may request judicial approval to detain the accused.
Detention without approval may violate the accused’s rights.
Maximum Duration
Section 167 specifies time limits for detention without formal charges:
For cognizable offenses, up to 30 days (subject to extensions and judicial oversight).
For serious or complex cases, detention may extend with court approval, but strict judicial scrutiny applies.
Judicial Oversight
The accused can apply for bail or challenge detention.
Courts must ensure detention is necessary, reasonable, and proportional to the alleged offense.
3. Legal Significance
Balancing Rights and Investigation
Section 167 ensures the police can investigate effectively without violating the accused’s right to personal liberty.
Prevention of Arbitrary Detention
Judicial oversight prevents police from detaining suspects indefinitely without charges.
Connection with Bail
If detention exceeds limits, the accused can request default bail (bail as a matter of right).
Ensures Section 167 complements fair trial rights.
4. Illustrative Examples
Example 1 – Theft Investigation
A suspect is detained for 10 days to recover stolen property and question witnesses.
Section 167 applies because detention is strictly for investigative purposes.
Example 2 – Complex Fraud Case
Suspect involved in financial fraud is detained for 25 days while forensic accountants examine documents.
Judicial approval required if detention exceeds prescribed initial period.
Example 3 – High-Risk Offense
In a serious arms smuggling case, suspect is detained for 30 days to prevent tampering with weapons or accomplices.
Courts monitor detention and ensure no violation of liberty rights.
5. Comparison with Other Sections
| Section | Key Difference from 167 BSA |
|---|---|
| Section 50 BSA | Requires informing accused of right to counsel during arrest; 167 governs duration and conditions of detention. |
| Section 167 | Focuses on pre-trial detention and judicial supervision. |
| Section 309 BSA | Deals with trial and conviction; 167 applies before charges are filed. |
6. Summary
Section 167 BSA, 2023 → Governs pre-trial detention of accused during investigation.
Purpose: Collect evidence, prevent tampering, ensure presence in court.
Authority: Police with judicial oversight.
Limits: Maximum period without formal charge; extension requires court approval.
Significance: Balances effective investigation with personal liberty.
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