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    Question

    According to Section 187(2) and (3) of the BNSS, 2023,

    what is the maximum period for which a Magistrate may authorize detention of an accused in police custody in a case involving a cognizable offence punishable with imprisonment for 7 years?
    A The Magistrate may authorize detention not exceeding 15 days at a time, for a total maximum period of 60 days; after 60 days, the accused must be released on bail if applied Correct Answer Incorrect Answer
    B The Magistrate may authorize indefinite detention during investigation Correct Answer Incorrect Answer
    C The maximum detention is 30 days regardless of offence severity Correct Answer Incorrect Answer
    D The Magistrate has absolute discretion to extend detention beyond 60 days Correct Answer Incorrect Answer
    E Detention beyond 24 hours is not permissible under any circumstances Correct Answer Incorrect Answer

    Solution

    Section 187(2) provides: "the Magistrate...may...authorise...the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding  fifteen days in the whole, or in parts ." Section 187(3)(ii) establishes: "no Magistrate shall authorize the detention...for a total period exceeding  sixty days, where the investigation relates to any other offence  [non-life/death cases], and on the  expiry of the said period...the accused person shall be released on bail ." This creates a  hard cap  on detention, balancing investigative needs with individual rights.

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