The Madras High Court has held that if the investigation of those arrested under the Pocso Act cannot be completed within 24 hours, the investigating officer should produce the accused before the nearest judicial magistrate.
The ruling is also applicable on those held under the Prevention of Atrocities Against SC/ST Act.
A special bench of Justices S Nagamuthu (since retired) and P N Prakash gave the ruling recently, when a special reference was made by the chief justice to clarify the powers of the usual magistrate courts and the special courts constituted under the two acts on the issue.
“We clarify that all the provisions contained in CrPC’s Sec 167 are applicable to the special court under the Pocso and SC/ST Acts,” the bench said.
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