Question

What is the maximum detention perind a Magistrate can authorize under Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023, for offonces punishable with less than 10 years, before default bail applies?

• A. 15 days
• B. 30 days.
• C. 60 days
• D. 90 days

Answer 1

Answer:

C. 60 days

Statutory Detention Limits under BNSS, 2023

• Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the period of detention authorized by a Magistrate is categorized based on the gravity of the offense to determine eligibility for default bail (compulsory bail).
• For offenses punishable by death, life imprisonment, or imprisonment for a term of 10 years or more, the investigating agency is granted a maximum period of 90 days to complete the investigation and file the charge sheet.
• For all other offenses, including those punishable with imprisonment of less than 10 years, the maximum detention period authorized by the Magistrate is 60 days.
• If the police fail to file the final report (charge sheet) within these specified timeframes (60 days or 90 days), the accused becomes entitled to be released on default bail under the provisions of the BNSS.
• This provision ensures the protection of personal liberty by preventing indefinite incarceration without trial and mandates timely investigation by law enforcement agencies.
• The BNSS replaced the Code of Criminal Procedure (CrPC), 1973, but maintains similar statutory timelines regarding the right to default bail to align with constitutional mandates.