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Section 36: Insertion of new section 436A

The Code of Criminal Procedure (Amendment) Act, 2005Union territory Act of Dadra and Nagar Haveli and Daman and Diu · Act 25 of 2005

After section 436 of the principal Act, the following section shall be inserted, namely:- "436A. Maximum period for which an undertrial prisoner can be detained.- Where a person has, during the period of investigation, inquiry or trial under this Code of an offence under any law (not being an offence for which the punishment of death has been specified as one of the punishments under that law) undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the Court on his personal bond with or without sureties:

Provided that the Court may, after hearing the Public Prosecutor and for reasons to be recorded by it 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 with or without sureties:

Provided further that no such person shall in any case be detained during the period of investigation, inquiry or trial for more than the maximum period of imprisonment provided for the said offence under that law.

Explanation.-In computing the period of detention under this section for granting bail, the period of detention passed due to delay in proceeding caused by the accused shall be excluded.''.

Where this provision sits

ActThe Code of Criminal Procedure (Amendment) Act, 2005
Section36
Marginal noteInsertion of new section 436A
JurisdictionUnion territory of Dadra and Nagar Haveli and Daman and Diu
StatusIn force as published by the source

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