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✨ Section 187(2) & (3)

Issue: Upto 10 Years it is 40 Days or 60 Days period in which 15 days Police custody can be given in whole or in parts.

Judgment: 15-day police custody must be sought within the first forty days in cases of offences which are punishable upto ten years of imprisonment.

Is this not a departure from Bare Language?

✨ Reasoning by High Court judgment which supreme court refused to interfere Next post

But first Let us see the Offences which are charged in the present case.

βœ“ 108 Abetment of suicide:
Imprisonment of either description for a term which may extend to ten years, and shall also be liable
to fine

βœ“ 308(5) Extortion:
Either description for a term which may extend to ten years, and
shall also be liable to fine.

Others are not of our use.

"The Phrase Which may extend to ten years is being interpreted in the lines of 187 (2) & (3)"

πŸ‘‰ 2 Important Phrases
S.187- 10 Years or More &
S. 108 Punishment- 
Extend to 10 years

Note: HC judgment considered 167 and 187 as same.
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