Question

Is there any maximum period for which an under-trial 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

Hint:

Section 436A is a vital provision upholding the right to a speedy trial, which is part of Article 21 (Right to Life and Personal Liberty) of the Constitution. Remember this constitutional link.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question is about the maximum period of detention for an under-trial prisoner as specified in Section 436A of the Cr.P.C. This section was introduced to address the issue of undertrials languishing in jail for periods longer than the potential sentence for the crime they are accused of.
Step 2: Detailed Explanation:
Section 436A of the Cr.P.C. states that where an under-trial prisoner (other than one accused of an offence for which the punishment is death) has undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under any law, he shall be released by the Court on his personal bond with or without sureties.
There is a proviso that the court may, after hearing the Public Prosecutor and for reasons to be recorded in writing, order the continued detention of such person for a period longer than one-half of the said period or release him on bail instead of the personal bond. However, in no case can the under-trial be detained beyond the maximum period of imprisonment provided for the said offence.
- Option (A) correctly states the general rule.
- Options (B), (C), and (D) are incorrect. A period is prescribed, it's not entirely up to the court's discretion without a guiding principle, and 90 days is the maximum period for completing investigation in certain cases (under Section 167), not the maximum period for under-trial detention.
Step 3: Final Answer:
Section 436A provides that an under-trial shall be released after completing half of the maximum period of imprisonment for the alleged offence. Therefore, option (A) is correct.