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The statutory period of detention under Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023…

Count the first day of remand ordered by the Magistrate as day one of the 60- or 90-day period. The Supreme Court’s three-judge bench confirmed this method under the…

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The statutory period of detention under Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 is calculated from the:

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Answer and explanation

Correct answer A

Count the first day of remand ordered by the Magistrate as day one of the 60- or 90-day period. The Supreme Court’s three-judge bench confirmed this method under the corresponding former provision in Enforcement Directorate v. Kapil Wadhawan, Criminal Appeal Nos. 701–702 of 2020, decided on 27 March 2023. Arrest before the first remand does not start the clock, and a later transfer to jail does not restart it.

Option feedback

Option A

The date of the first remand order is counted as day one.

Option B

The clock starts with the first remand order, even if the arrest occurred earlier.

Option C

The first remand may be to police custody. A later transfer to jail does not start a new clock.

Option D

The date of first remand is the legally operative date.

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