Maximum period for which an undertrial prisoner can be detained -
According to Section 436A of the code of Criminal Procedure 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 or 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 offense under that law.
”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.
Relevant Case Law -
Pramod Kumar Saxena Vs Union of India (2008(9) SSC 685)
It has been held that an undertrial Prisoners shall not be detained beyond the maximum period of imprisonment in case he is convicted for the alleged offense
Rights of Accused Person at the Trial
Compoundable and non-compoundable offenses
Powers of Courts (Section 26 to 35 of the Code of Criminal Procedure 1973)
Trial of summons cases by Magistrates (Section 251 to 259 of the Code of Criminal Procedure 1973)
Post a Comment