Section 187 of BNSS : Section 187: Procedure when investigation can not be completed in twenty-four hours.
BNSS
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Explanation using Example
Example 1:
Scenario: Rajesh is arrested on suspicion of committing a serious crime, such as murder, which is punishable by death or life imprisonment.
- Initial Arrest and Detention: Rajesh is arrested and taken into police custody. The police begin their investigation but realize that they cannot complete it within the 24-hour period mandated by Section 58.
- Police Action: The officer in charge, who is at least of sub-inspector rank, sends a copy of the case diary to the nearest Magistrate and forwards Rajesh to the Magistrate.
- Magistrate's Decision: The Magistrate, after considering the case, decides that Rajesh should be detained further. The Magistrate authorizes Rajesh's detention for up to 15 days.
- Extended Detention: As the investigation continues, the Magistrate finds sufficient grounds to extend Rajesh's detention beyond the initial 15 days. Since the crime is punishable by death or life imprisonment, the Magistrate can authorize detention for up to 90 days in total.
- Bail Consideration: If the investigation is not completed within 90 days, Rajesh must be released on bail if he can furnish the required bail amount.
Example 2:
Scenario: Priya is arrested for a less severe crime, such as theft, which is punishable by imprisonment for less than ten years.
- Initial Arrest and Detention: Priya is arrested and taken into police custody. The police begin their investigation but realize that they cannot complete it within the 24-hour period mandated by Section 58.
- Police Action: The officer in charge, who is at least of sub-inspector rank, sends a copy of the case diary to the nearest Magistrate and forwards Priya to the Magistrate.
- Magistrate's Decision: The Magistrate, after considering the case, decides that Priya should be detained further. The Magistrate authorizes Priya's detention for up to 15 days.
- Extended Detention: As the investigation continues, the Magistrate finds sufficient grounds to extend Priya's detention beyond the initial 15 days. Since the crime is punishable by imprisonment for...
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