১০। উক্ত Code এর section 167 এর-

(ক) sub-section (2) এর পরিবর্তে নিম্নরূপ sub-section (2) প্রতিস্থাপিত হইবে, যথা:-

“(2) The Magistrate to whom an accused person is forwarded under this section or produced otherwise, may, whether he has or has not jurisdiction to try the case from time to time authorize the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole; and if he has not jurisdiction to try the case or send it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction:

Provided that no Magistrate of the third class, and no Magistrate of the second class not specially empowered in this behalf by the Government, shall authorize detention in the custody of the police:

Provided further that no Magistrate shall, under any particular case, authorize the detention of an accused person in police custody for a period exceeding fifteen days in the whole; and where further detention is considered necessary, the Magistrate may, upon production of the accused either in person or through electronic video linkage, authorize such detention in judicial custody.

Explanation- For the purposes of this Chapter, “judicial custody” means the custody of an accused in jail or in any other custody, other than the custody of the police, under the order of a Magistrate or Court during investigation.”;

(খ) Sub-section (2) এর পর নিম্নরূপ নূতন sub-section (2A) সন্নিবেশিত হইবে, যথা:-

“(2A) A Magistrate authorizing the detention of an accused person in police custody under sub-section (2), may order that the accused be examined by a medical officer of nearest government hospital before he is handed over to such custody; and upon expiry of the period of police custody, the accused shall be produced before the Magistrate without unnecessary delay; and if, upon such production, there appears to be any mark of injury on the body of the person accused, or the accused alleges that he has been subjected to torture during such custody, the Magistrate shall direct that the accused be examined by a medical officer of the nearest government hospital and where the medical report reveals that the accused has been subjected to torture during police custody, the Magistrate shall proceed in accordance with law.”।