An arrested person is in police custody. The accusation appears well founded, but the investigation…
Section 187(1) requires immediate transmission of the relevant diary entries and production before the same nearest Magistrate. Sections 187(1) and (2) distinguish the…
Choose your answer
An arrested person is in police custody. The accusation appears well founded, but the investigation cannot be completed within the statutory 24 hours. A Judicial Magistrate is available. Which statement is correct under the Bharatiya Nagarik Suraksha Sanhita, 2023?
Answer and explanation
Correct answer A
Section 187(1) requires immediate transmission of the relevant diary entries and production before the same nearest Magistrate. Sections 187(1) and (2) distinguish the nearest Magistrate from the Magistrate with trial jurisdiction. Section 187(2) permits up to 15 days of police custody in all, in whole or in parts within the applicable initial 40 or 60 days. Section 478(1) requires release in a bailable case when the statutory conditions are met, including willingness to give bail where required.
Option feedback
Option A
Section 187(1) requires immediate transmission of the relevant diary entries and production before the same nearest Magistrate.
Option B
Sections 187(1) and (2) distinguish the nearest Magistrate from the Magistrate with trial jurisdiction.
Option C
Section 187(2) permits up to 15 days of police custody in all, in whole or in parts within the applicable initial 40 or 60 days.
Option D
Section 478(1) requires release in a bailable case when the statutory conditions are met, including willingness to give bail where required.
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