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Report No. 268

18. Substitution of new section for section 436A.-

For section 436A of the Code of Criminal Procedure, the following section shall be substituted, namely:-

436A. Maximum period for which an under-trial prisoner can be detained.-

"(1) Where a person has, during the period of investigation, inquiry or trial under this Code for which the punishment specified is upto seven years, undergone detention for a period extending up to one-third of the maximum period of punishment specified for that offence under that law; he shall be released by the Court on his personal bond with or without sureties;

(2) Where a person has, during the period of investigation, inquiry or trial under this Code for which the punishment specified is more than seven years (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 punishment 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 or release him on bail. 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 person accused of an offence shall be excluded.

(3) The Secretary of District Legal Services Authority designated under sub-section (3) of section 9 of the Legal Services Authority Act, 1987 (Act No. 39 of 1987) shall be responsible for the compliance of this section.".



Amendments to Criminal Procedure Code, 1973 - Provisions relating to Bail Back




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