Is there any maximum period for which an under-trail can be detained under Section 436 A of the Cr. P.C.,

All India Bar Examination (AIBE) 6-VI Previous Year Question Papers with Answers

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10.

Is there any maximum period for which an under-trail can be detained under Section 436 A of the Cr. P.C.,

A: Yes, half of the Maximum period of imprisonment specified for that offence

B: No period is prescribed

C: Court can decide

D: Maximum 90 days

The answer is: A

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Explanation

The correct option is A: Yes, half of the Maximum period of imprisonment specified for that offence.

Section 436A of the Cr. P.C. provides that where a person has, during the period of investigation, inquiry or trial under this Code of an offence under any law (not being an offence for which the punishment of death has been specified as one of the punishments under that law) undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the Court on his personal bond with or without sureties.

This means that the maximum period for which an undertrial prisoner can be detained is half of the maximum sentence prescribed for the offence he is charged with, unless the Court orders otherwise for reasons to be recorded in writing.

For example, if a person is accused of an offence punishable with 10 years of imprisonment, he cannot be detained for more than 5 years as an undertrial prisoner. This provision is intended to prevent indefinite detention and ensure speedy trial of the accused.