‘Nobody can be detained without legal process’, important comment of Supreme Court on illegal detention

New Delhi. The Supreme Court has made a big comment about keeping someone in captivity against the rules. The Supreme Court says that it is the responsibility of the state to prevent crime and maintain security, but personal liberty should not be hindered in this. The court said that no one should be held captive without due process of law. As per Section 167 of CrPC, if the investigating agency fails to file the charge sheet within 60 days from the day of custody, the accused will automatically be eligible for bail. In some offences, this period can be extended up to 90 days.

While considering the legal question whether the date of detention should be added while counting the default bail period of 60/90 days mentioned in proviso (a) of Section 167(2) of the Code of Criminal Procedure (CrPC), the Supreme Court commented. Justice K. M. Joseph, Justice Hrishikesh Roy and Justice B. V. Nagaratna’s bench said that the period of 60/90 days mentioned under Section 167 of CrPC will be counted from the day the Magistrate remands the accused to custody.

Personal liberty should not be curtailed: Bench
The constitution bench said, “This court is of the view that no one should be kept in detention without due process of law. It is the responsibility of the state to prevent crime and maintain security, but personal liberty should not be hindered in this.

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Tags: new delhi news, supreme court, UP news