What is the maximum detention period a Magistrate can authorize under Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, for offences punishable with less than 10 years, before default bail applies?
60 days
Under Section 187(3) of BNSS, 2023, the maximum detention period a Magistrate can authorize is:
(i) 90 days — where the offence is punishable with death, life imprisonment, or imprisonment of 10 years or more.
(ii) 60 days — for any other offence (i.e., punishable with less than 10 years).
If the investigation is not completed within these limits and the accused applies for bail, the right to default bail arises.
So, for offences punishable with less than 10 years, the maximum detention period is 60 days.
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