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?
- (a)15 days
- (b)30 days
- (c)60 days
- (d)90 days
Answer
Why
Correct — C. Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 caps total detention at ninety days for offences punishable with death, life imprisonment or ten years or more, and at sixty days for "any other offence".
An offence punishable with less than 10 years is "any other offence". When sixty days expire, the accused "shall be released on bail" if they furnish it, the bail the stem calls default bail: option (c).
Why the others are wrong
- (a)15 days — 15 days is the Section 187(2) cap on custody a Magistrate orders, taken whole or in parts within the first forty or sixty days. It is not the total before bail.
- (b)30 days — Section 187 sets no 30-day limit. Its totals are sixty and ninety days, chosen by the punishment the offence carries.
- (d)90 days — 90 days is the cap for offences punishable with death, life imprisonment or ten years or more. The stem's offence carries less than 10 years.
Concept
BNSS, 2023 repealed the Code of Criminal Procedure, 1973. Its Section 187 keeps the two-tier limit of the old Section 167 on detention while police investigate.
The tier depends on the punishment: death, life or ten years and more gets ninety days, every other offence sixty. When the limit runs out, the accused is to be released on bail on furnishing it.
The stem's "less than 10 years" is its own paraphrase. The statute defines only the ninety-day tier, death, life or ten years or more, and puts "any other offence" in the sixty-day tier.
Key facts
- BNSS Section 187(3): total detention may not exceed ninety days (death, life, or ten years or more) or sixty days (any other offence).
- BNSS Section 187(2): custody ordered by a Magistrate may not exceed fifteen days in the whole, or in parts, within the initial forty or sixty days.
- BNSS Section 531(1) repeals the Code of Criminal Procedure, 1973.
- The Bharatiya Nagarik Suraksha Sanhita received the President's assent on 25 December 2023.
Study next
Common traps
- Picking 90 days as the bigger, safer-sounding number: it belongs to offences punishable with ten years or more.
- Reading the 15-day figure as the total: it caps the custody ordered within the opening forty or sixty days.
Here a BNSS number is asked through the punishment tier it belongs to. Other BNSS provisions appear at 21 Sep 2025, 16:00, GA Q.5 (technology in the new procedure) and 14 Sep 2025, 12:30, GA Q.17 (access to FIRs).
Related PYQs
No directly related past PYQ was found.