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CS Professional · Artificial Intelligence, Data Analytics and Cyber Security - Laws and Practice · Cyber Crimes and Investigation Procedures

Rohit is arrested in Pune on suspicion of running a phishing racket, and the police find that the investigation cannot be completed within 24 hours of his arrest. Under the Bharatiya Nagarik Suraksha Sanhita, 2023, what must the investigating officer (not below sub-inspector) do?

The officer must forthwith send the nearest Magistrate a copy of the case diary entries and produce the accused before that Magistrate. Police cannot detain beyond 24 hours on their own authority; further detention requires the Magistrate's authorisation under Section 187.

  1. AKeep him in police custody for up to 15 days without informing any Magistrate
  2. BRelease him automatically after 24 hours because cyber offences are bailable
  3. CForward him to the nearest Magistrate along with a copy of the relevant case diary entriesCorrect
  4. DWait for the Sessions Judge to authorise further detention before producing him

Explanation

Section 187(1) requires the officer, if the investigation cannot be completed within 24 hours and the accusation appears well-founded, to forthwith transmit to the nearest Magistrate a copy of the diary entries and forward the accused. Police cannot hold the accused beyond 24 hours on their own. Option A is wrong because the Magistrate, not the police, authorises custody.

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