Provided that he shall pay for the same unless the Magistrate for some special reason thinks fit to furnish it free of cost.

Procedure when investigation cannot be completed in twenty-four hours Procedure when investigation cannot be completed in twenty-four hours.-(1) Whenever any person is arrested and detained in custody and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 61, and there are grounds for believing that the accusation or information is well founded, the officer-in-charge of the police station or the police officer making the investigation if he is not below the rank of sub-inspector shall forthwith transmit to the 1[nearest Executive or Judicial Magistrate] a copy of he entries in the diary hereinafter prescribed relating to the case, and shall at the same time forward the accused to such Magistrate.

1. (2) The Magistrate to whom an accused person is forwarded under this section 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 ferm not exceeding fifteen days in the whole. If he has not jurisdiction to try the case or commit it for trial and consider further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction. 2[ Provided that-
   • (a) The Magistrate may authorize detention of the accused person, otherwise that in custody of the police, beyond the period of fifteen days if he is satisfied that adequate grounds exit for doing so, but no Magistrate shall authorize the detention of the accused person in custody under this section for a total period exceeding sixty days and on the expiry of the said period of sixty days the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this section shall be deemed to be so released under the provision of Chapter XXXIX for the purpose of that Chapter;
   • (b) No Magistrate shall authorize detention in any custody under this section, unless the accused is produced before him;
   • (c) No Magistrate of the second class not specially empowered in this behalf by the Government or the High Court, as the case may be, shall authorize detention in the custody of the police.]
2. (3) A Magistrate authorizing under this section detention in the custody of the police shall record his reasons for so doing. 3[(4) If such order is given by an Executive Magistrate other than the District Magistrate or Sub-Divisional Magistrate, he shall forward a copy of his order, with his reasons for making it, to the Magistrate to whom he is immediately subordinate; and if such order is given by a Judicial Magistrate, he shall forward a copy of his order, with his reasons for making it, to the Chief Judicial Magistrate.