Chapter-II Limitations on Wide Investigatory Powers The wide investigatory powers conferred on the police or other agencies, that authorize arrest, search, seizure, etc., are put under close check by virtue of several constitutional and statutory measures that are designed to constantly monitor the working of the investigatory agencies as well as safeguard the interest of the accused that are likely to suffer on account of arbitrary and excessive exercise of powers, particularly of arrest. 2.1 Safeguard through Remand Proceedings Article 21 of the Constitution of India confers the fundamental right to personal liberty, which can be curtailed only by due process of law. Due process of law shall ensure that the basic human rights of the concerned person are not violated. Various judicial decisions of the Apex Court* have given wide interpretation to such fundamental rights, including right to live with human dignity. It also ensures that a person shall be presumed innocent until proved guilty by a competent court of law. S.56 of the Code of Criminal procedure requires the arresting officer to send without unnecessary delay the arrestee before a Magistrate or before an Officer in charge of a police station. S.57 puts a prohibition on the detention of the arrestee in custody beyond a period of twenty-four hours, excluding the time taken in the course of journey from the place of arrest to the Magistrate’s Court. And, in case the investigation is likely to extend beyond twenty-four hours, the police shall request the Magistrate for grant of remand in terms of S.167. The Magistrate is empowered by S.167 Cr. P.C. to order the detention either in police/judicial custody for a period not exceeding fifteen days at a time (in case of police custody, only for initial fifteen days). Judicial authorization of detention amounts to curtailment of personal liberty and, therefore, due caution should be exercised while authorizing detention of an accused in police or judicial custody on production of the accused. *1. Kharak Singh v. State of U.P A.I.R 1963 SC 1295 *2. Nilabati Behara v. State (1993) 2 SCC 496 *3. D. K Basu v. State of W.B A.I.R 1997 SC 610 *4. Raja Ram v. State (1971) 3 SCC 945 16