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Report No. 154

88. Insertion of new section 436A: Maximum period for which art under-trial prisoner can be detained

Do you agree that the following new section 436A be inserted in the Code in view of the fact that under-trial prisoners were detained in jail for periods beyond the maximum period of imprisonment provided for the alleged offence as provided in clause 41 of the Code of Criminal Procedure (Amendment) Bill, 1944:

"436A. Where a person has, during the period of investigation, inquiry or trial under this Code of an offence under any law (not being an offence for which the punishment of death has been specified as one of the punishments under that law) undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the Court on his personal bond with or without sureties:

Provided that the Court may, after hearing the Public Prosecutor and for reasons to be recorded by it in writing, order the continued detention of such person for a period longer than one-half of the said period of release him on bail instead of the personal bond with or without sureties:

Provided further that no such person shall in any case be detained during the period of investigation, inquiry or trial for more than the maximum period of imprisonment provided for the said offence under that law:

Explanation.-In computing the period of detention under this section for granting bail the period of detention passed due to delay in proceeding caused by the accused shall be excluded."?



The Code of Criminal Procedure, 1973 Back




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