Section 168 · Paragraph 160. Limitation of time for detention of prisoners

According to the Government Order Book, undertrial prisoners should be kept in court for such a delay as to necessitate their admission to jail or lock-up after the lock-up time. Every Magistrate shall make every effort to ensure that these instructions are followed by all subordinate courts. Undertrial prisoners who cannot attend the lock-up time should not be sent to jail except on a special order from the Magistrate concerned. It is unnecessary and impractical to specify the circumstances in which such an order may be made. The question to be considered in each case will be whether, in the interests of justice and security, circumstances exist which make it undesirable for the prisoner to be kept in police custody. The Magistrate should exercise discretion in deciding whether such circumstances exist, subject to the general supervision and control of the District Magistrate. The Inspector General of Prisons has issued instructions to all Jail Superintendents to admit undertrials into jail after the lock-up period, provided that the necessary warrants are presented at the jail gate. The Government has issued instructions to the District Magistrate to nominate a Magistrate whose duty it will be to sign the remand forms for those who appear for the first time after the lock-up period. The Superintendent of Police will see that his Public Prosecutors understand the orders and assist in their enforcement.