What is the 15-day rule under Section 167 CrPC?

From the first magistrate-authorised detention, a total of 15 days’ custody is allowed in the whole. After that, only judicial custody is ordinarily permissible.

Who must produce the arrested person and when?

Police must produce the person before the nearest Magistrate within 24 hours. If a Judicial Magistrate is not available, produce before an empowered Executive Magistrate.

Can police custody be taken after 15 days for new offences in the same case?

Once the first 15 days are over, remand should be to judicial custody; fresh police custody is generally not allowed for offences later discovered in the same case.

When does the 60/90-day default bail period start?

It runs from the date the Magistrate first authorises detention under Section 167, not from the date of police arrest.

What can an Executive Magistrate do on first production?

Authorise custody (police or judicial) only up to seven days, and then transmit the accused and records to the nearest Judicial Magistrate.

Law Easy

03 November, 2025

351

Nandini Satpathy v. PL Dani (1978) – Section 167 CrPC, Police vs Judicial Custody Explained

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Nandini Satpathy v. PL Dani

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Nandini Satpathy v. PL Dani

Section 167 CrPC explained: 24-hour production, 15-day cap, police vs judicial custody, and default bail timelines.

Supreme Court of India 1978 Two-Judge Bench (1978) 2 SCC 424 Criminal Procedure ~8 min read

PRIMARY_KEYWORDS: Section 167 CrPC, police custody, judicial custody SECONDARY_KEYWORDS: default bail, 60/90 days, production before Magistrate

Author: Gulzar Hashmi · India · Published: November 2, 2025 | Slug: nandini-satpathy-v-pl-dani

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⚡ Quick Summary ❓ Issues ⚖️ Rules 🗓️ Facts 🤝 Arguments 🔨 Judgment 💡 Ratio 🎯 Why It Matters ✅ Key Takeaways 🧠 Mnemonic 🧩 IRAC 📖 Glossary ❓ FAQs 🔗 Related

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Quick Summary

This case clarifies the 15-day limit in custody under Section 167 CrPC. Police must produce within 24 hours, and a Magistrate authorises custody. After the first 15 days from such authorisation, remand should be judicial, not police.

For 60/90-day default bail, the clock starts from the first magistrate-ordered detention, not from the time of police arrest.

Issues

Can police custody be granted after the first 15 days from initial magistrate detention?
If a new offence in the same case is found later, can the accused be sent again to police custody?

Rules

Section 57 & 167 CrPC: Produce within 24 hours before the nearest Magistrate (Judicial preferred; Executive if needed with limited powers).
The Magistrate may authorise police or judicial custody within the first 15 days in total.
After the first 15 days, remand is generally to judicial custody only.
Default bail: If investigation is not finished in 60/90 days, the accused is entitled to bail.
The 60/90-day period runs from the date of the Magistrate’s first order of detention.

Facts (Timeline)

FIR & Probe CBI investigated a multi-victim abduction reported in New Delhi.

Arrest & Production Kulkarni was detained and produced before the Magistrate; judicial custody followed.

Medical Stay During a later request for police custody, the accused remained hospitalised and then in judicial custody.

Remand Pleas Police sought police custody after the initial 15 days had lapsed; courts considered whether this was lawful.

Appellate View The ruling clarified the 15-day framework and default bail computation.

Timeline graphic showing arrest, production, and custody decisions under Section 167 CrPC

Arguments

Appellant

Police custody after the first 15 days is impermissible in the same case.
Any later remand must be judicial custody.
Time for default bail runs from the first magistrate-ordered detention.

Respondent

Fresh facts discovered later may justify short police custody.
Medical and logistical delays should not prejudice investigation.
Requests were made in good faith to complete vital steps.

Judgment

24-hour production before the nearest Magistrate is mandatory (Judicial preferred; empowered Executive in emergency).
Within the first 15 days in the whole, the Magistrate may authorise police or judicial custody.
After those 15 days, remand should be to judicial custody.
If the probe is not finished in 60/90 days, the accused gets default bail on compliance with conditions.
The computation is from the date of the Magistrate’s first detention order, not the police arrest date.

Gavel with custody calendar highlighting 15-day and 60/90-day markers

Ratio Decidendi

First 15 days decide custody type. Magistrate may choose police or judicial within that window. After it closes, remand is to judicial custody only, and 60/90-day limits run from the first detention order.

Why It Matters

Protects liberty by capping police custody.
Gives clear timelines for investigators and courts.
Ensures predictable default bail rights.

Key Takeaways

24 hrs → Produce before Magistrate.
15 days → Police or judicial (total).
After 15 → Judicial only.

60/90 days → Default bail clock.
Clock starts from first detention order.
Exec. Magistrate → max 7 days, then to Judicial Magistrate.

Mnemonic + 3-Step Hook

Mnemonic “24-15-90” — 24 hours to produce, 15 days total custody window, 90/60 days to charge-sheet or default bail.

Produce within 24 hours.
Choose custody type within 15 days only.
Compute default bail from first detention order.

IRAC Outline

Issue

Whether police custody is lawful after the first 15 days and how 60/90-day limits are counted.

Rule

Sections 57 & 167 CrPC: 24-hour production; 15-day cap for police/judicial choice; beyond that, judicial custody; default bail at 60/90 days.

Application

Requests for police custody after day 15 in the same case fail; computation for default bail begins from first judicial order.

Conclusion

After the first 15 days, only judicial remand; default bail as per 60/90-day timeline from initial detention order.

Glossary

Default Bail: Statutory bail granted when the charge-sheet is not filed within 60/90 days.
Judicial Custody: Detention in jail under court’s order and supervision.
Police Custody: Detention with police for investigation, within strict time limits.

FAQs

Generally, no for the same case. After the first 15 days, remand should be to judicial custody.

From the date the Magistrate first orders detention under Section 167 CrPC, not the police arrest date.

Produce before an Executive Magistrate with conferred powers. They can authorise custody up to 7 days and then must transfer the case to a Judicial Magistrate.

The Magistrate considers investigation needs and legal limits. The 15-day cap controls police custody; beyond that, judicial custody is the rule.

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