CrPC Section 436A: Maximum Detention Period for Under Trial Prisoners

Facebook
Twitter
LinkedIn
Pinterest
WhatsApp

CrPC Section 436A: Maximum Detention Period for Under Trial Prisoners

1. Code

The Code of Criminal Procedure, 1973 (CrPC) Section 436A deals with the maximum period of detention for undertrial prisoners.

2. Explanation

This section mandates that an undertrial prisoner cannot be detained beyond the period specified in the table below, unless their trial has concluded. The maximum detention period depends on the nature of the offense and the stage of trial:

Offense Maximum Detention Period
Offense punishable with death or life imprisonment 2 years
Offense punishable with imprisonment for a term exceeding 10 years 1 year
Offense punishable with imprisonment for a term not exceeding 10 years 6 months
Offense punishable with imprisonment for a term not exceeding 5 years 3 months

3. Illustration

Suppose a person is arrested for an offense punishable with imprisonment for a term not exceeding 10 years. If the trial is not completed within 6 months, then the person must be released on bail.

4. Common Questions and Answers

Q1: Who is an undertrial prisoner?

An undertrial prisoner is a person who is accused of an offense but has not yet been convicted by a court.

Q2: Does the maximum detention period apply to all undertrial prisoners?

No, this section does not apply to prisoners detained under the following circumstances:

  • Detention under preventive detention laws
  • Detention for failing to furnish bail
  • Detention under special laws like the National Security Act

Q3: What happens if the trial is not completed within the maximum detention period?

The undertrial prisoner must be released on bail, unless there are specific reasons to justify further detention.

Also Read  Section 29 CrPC: Magistrate Sentencing Powers in India's Code of Criminal Procedure

Q4: Can the court extend the maximum detention period?

Yes, the court can extend the maximum detention period for specific reasons, such as the complexity of the case, the availability of witnesses, and the need for further investigation.

Facebook
Twitter
LinkedIn
Pinterest
WhatsApp

Never miss any important news. Subscribe to our newsletter.

Leave Your Comment

Recent News

Editor's Pick