The InternationalCovenant on Civil and Political Rights: A Study on Bangladesh Compliance For example, Section 60 of the CrPC stipulates that a policeofficer making an arrest without warrant shall, without unnecessary delay and subject to the provisions relating to bail, take or send the arrested person before a judicial Magistrate or the officer-in-charge of a police station.34 Similarly, Section 61 puts restriction on detaining any person for more than 24 hours, unless a judicial Magistrate issues a special order to extend the duration of the detention under Section 167. The detention mentioned in this section means continuous detention. When the 24-hours detention and the additional time necessary to bring an accused before a Magistrate allowed by this section and the 15 days additional detention allowed by Section 167 expire, an accused must either be released by the police upon security, or the accused must be forwarded under custody to a Magistrate who is empowered to take cognizance of the offence upon a police report.35 Under Section 167, when the Magistrate considers that further detention is necessary for investigation, she is required to apply her judicial mind to determine whether the circumstances justify detention of the accused in police custody. Police custody being an infringement of liberty should not be ordered as a matter of course. If detention in 35 Section 167 of the CrPC only authorises the Magistrate to make an order with regard to detention of the accused in such custody as he thinks fit and that too for a term not exceeding 15 days on the whole. Unless the accused is brought before the Court, no remand order can be passed. 37

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