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โœจ 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?

โœจ 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.

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

โœ“ 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)"

๐Ÿ‘‰ 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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โœจ 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 punishableโ€ฆ
๐Ÿ‘ฎโ€โ™€๏ธ Custody period Judgment

โˆ† Case: Hyder Ali v.State of Karnataka, 2024

167 CrPC: Not less than 10 years and 187 BNSS: 10 years or More โ€”โ€”>
Means threshold period of 10 Years.
BOTH ARE SAME NO CHANGE IN NEW LAW.

Reason for the aforesaid issue :
The offence in the case at hand, does not bear a
minimum threshold sentence of ten years, but is extendable or to an extent of ten years, which would mean, discretion available to the concerned Court to impose punishment up to ten years. Therefore, the
minimum threshold is not ten years.

1. 10 or More means Minimum is 10 years.

2. Extend to 10 years means 1 to 10 years.

Both are different

In minimum 10 years it is 90 days and in upto 10 years it is 60 days maximum custody.

Again repeating no change in new law both are same 167 and 187.

Must be interpreted in the light of Article 21.

@CurrentLegalGK
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