Legal Provisions for Long Custody by Investigating Agency

Investigating agencies, such as the Enforcement Directorate (ED), have the authority to take an accused into custody for a certain period of time. However, this custody is subject to legal provisions and safeguards to protect the rights of the accused. The legal provisions for long custody by investigating agencies are as follows:

1. Arrest and Custody
- Investigating agencies have the power to arrest and detain an accused if they have reasonable grounds to believe that the person has committed an offense.
- The accused can be kept in custody for a maximum period of 24 hours without producing them before a magistrate or court.

2. Remand and Judicial Custody
- After the initial arrest, the investigating agency can seek remand of the accused from a magistrate or court.
- The magistrate or court can grant custody for a specified period of time, known as judicial custody.
- During judicial custody, the accused is usually lodged in a prison or a specified place of detention.

3. Extended Custody
- In certain cases, investigating agencies may seek extended custody beyond the initial remand period.
- The agency must provide valid reasons and evidence to justify the need for extended custody.
- The magistrate or court may grant extended custody if satisfied with the agency's reasons.

4. Legal Provisions for Extended Custody
- The Code of Criminal Procedure (CrPC) provides for extended custody under certain circumstances, such as when the investigation cannot be completed within the initial remand period.
- Section 167 of the CrPC allows a magistrate to authorize the detention of the accused for a maximum period of 15 days in total, including the initial remand period.
- If the offense is punishable with imprisonment for a term exceeding 10 years, the maximum period of custody can be extended to 90 days.

5. Safeguards for the Accused
- The accused has the right to legal representation and can challenge the legality of the custody before a higher court.
- The accused must be produced before the magistrate or court at the end of each remand period.
- The accused has the right to be informed of the grounds of arrest and to remain silent during the investigation.
- The investigating agency must follow due process and adhere to the principles of natural justice.

Conclusion
Investigating agencies like the Enforcement Directorate can take an accused into custody for a specified period of time, subject to legal provisions and safeguards. The custody can be extended under certain circumstances, but the agency must provide valid reasons and follow due process. The accused has the right to legal representation and other safeguards to protect their rights during the custody period.