Section 31
Keeping Accused In Custody
(1) The investigation officer may, in case
there is sufficient ground that any person having been taken action for an
offence under this Act may lose or destroy any evidence or cause
hindrance in the process of investigation or inquiries or cause adverse
impact thereon, keep him/her in custody having given him an order of
detention in accordance with the prevailing laws.
(2) In case the investigation or inquiries with regard to a person is
not completed within twenty four hours and it appears that the
investigation needs to be continued having him/her detained, the
investigation officer shall detain him/her after having him/her presented
before the authority hearing the case and only after getting approval
therefor from the authority hearing the case. While seeking for approval
with the authority hearing the case, the charges against the person
detained, its bases, the reason for continuing investigation having him/her
detained and if his/her statement has been recorded, the contents of such
statement shall be clearly stated.
(3) The person who has been presented before the authority
hearing the case for approval of detention pursuant to Sub-section (2)
may submit an application while being presented there requesting for his/her
physical checkup.
(4) In case a permission for detention is sought pursuant to Sub-
section (2), the authority hearing the case may, having considered whether
or not the investigation has been carried out in a satisfactory manner and
if it is found that the investigation is being carried out satisfactorily, give
approval for detention for a maximum period of six months not
exceeding thirty days at a time or time and again.
(5) While seeking for a permission for extension of time duration
of detention pursuant to Sub-section (4), the person under the custody
may, if he/she so wants, submit an application to the authority hearing the
case mentioning the reason or basis for his/her not being in detention any
longer.