While mentioning about Section 167 of of the Code of Criminal Procedure, 1973, the Supreme Court mntioned that ‘custody' under Section 167  includes custody of other investigating agencies like Enforcement Directorate and not just the police alone.

The said matter was heard by division bench of Justice A S Bopanna and Justice M M Sundresh 

The Court held its worder while rejecting the plea of TN Minister Senthil Balaji's challenging custody of ED

“The object and rationale behind this provision is rather clear. By restricting the custody to 24 hours, the liberty of the accused is meant to be considered and taken note of by an independent authority in the form a Magistrate. It is also an act of confirmation by the Magistrate on the arrest, followed by grant of custody of an accused person. “

According to the report, Section 167 cannot be given a narrow interpretation restricting it to the police alone.

“We give our fullest imprimatur to the views expressed by the Law Commission as Section 167 of the CrPC, 1973 is meant for not only protecting the liberty of a person but also to conclude the investigation in a fair manner. A balancing act is expected to be undertaken by the Magistrate.” The Court said.

Case Title: V. SENTHIL BALAJI V. THE STATE REPRESENTED BY DEPUTY DIRECTOR AND ORS., CRIMINAL APPEAL NOS. 2284-2285 of 2023