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Report No. 78

III. Solicitude of the Law

2.6. Provisions imposing time limits in regard to cases of trial for offences.-

Our law of criminal procedure is not totally blind to the problem of time spent before or awaiting trial. Following provisions of the Code of Criminal Procedure, 1973 show its concern to keep that time within certain limits:

(1) Remand of the accused to custody during investigation is subject to an aggregate limit prescribed by law1.

(2) As regards the time taken in investigation, the Code2, in the Chapter dealing with investigation of offences, provides that every investigation under this Chapter shall be completed without unnecessary delay.

(3) Remand of the accused to custody in the course of the trial is also regulated by another provision of the Code3.

(4) If, in the case of an offence triable by a Magistrate, the trial of a person accused of any non-bailable offence is not concluded within 60 days, the Magistrate (unless the Magistrate, for reasons to be recorded, otherwise directs),4 must release the accused on bail.

(5) Time spent by the accused in custody during investigation, inquiry or trial of the case is re-credited if the accused person is convicted and sentenced to imprisonment.5

1. Section 167(2), Proviso (a), Cr. P.C., 1973. See para. 3.13, infra.

2. Section 173, Cr. P.C., 1973.

3. Section 309(2), first proviso, Cr. P.C., 1973.

4. Section 437(6), Cr. P.C., 1973; para. 2.4, supra.

5. Section 428, Cr. P.C., 1973.

Congestion of under trial Prisoners in Jails Back

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