Maximum period for which an under trial prisoner can be detained
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Summary
If an accused (not charged with a death-penalty offence) has been held during investigation, inquiry or trial for a period equal to half the maximum sentence for that offence, the court must release them on personal bond, with or without sureties. The court may, after hearing the Public Prosecutor and recording reasons in writing, order continued detention beyond half the period or grant bail instead. Detention can never exceed the offence's maximum sentence. Time spent in custody because of the accused's own delay is excluded.
Example
Ravi, a shop assistant, is charged with an offence punishable with up to four years' imprisonment and is kept in custody during investigation and trial. After he has spent two years (half the maximum) in custody, the court must release him on personal bond with or without sureties unless the Public Prosecutor persuades the court and the court records reasons to continue detention or grant bail instead. He cannot be detained for more than four years, and any custody days lost due to Ravi's delay are not counted.
Bare Act
Enacted textWhere 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 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.
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