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?

Q: Answer-According to Section 187(2) and (3) of the BNSS, 2023, what is the maximum period for which a Magist...

Section 1872 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 1873ii establishes no Magistrate shall authorize the detention...for a total period exceeding sixty days, where the investigation relates to any other offence non-lifedeath 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.

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

B The Magistrate may authorize indefinite detention during investigation

C The maximum detention is 30 days regardless of offence severity

D The Magistrate has absolute discretion to extend detention beyond 60 days

E Detention beyond 24 hours is not permissible under any circumstances

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