Niyam v2 is live — start for just ₹100 — 200 credits to try

may 2001

Supreme Court of India · 2001-05-04

Rajeev Chaudhary vs State (N.C.T.) Of Delhi

Citation / case number
AIR 2001 SUPREME COURT 2369
Court
Supreme Court of India
Petitioner
Rajeev Chaudhary
Respondent
State (N.C.T.) Of Delhi
Bench
M.B. Shah, S.N. Variava

Judgment text excerpt

The Supreme Court interpreted the expression 'offence punishable with imprisonment for a term of not less than ten years' in proviso (a) to Section 167(2) of the Criminal Procedure Code, 1973, in relation to Section 386 of the IPC. The Court held that the phrase indicates that only those offences punishable with a clear term of ten years or more fall under clause (i) of the proviso, while offences punishable with less than ten years fall under clause (ii). The High Court's decision to set aside the Additional Sessions Judge's order was upheld, clarifying the conditions under which a Magistrate may authorize detention beyond the standard period.

Rajeev Chaudhary vs State (N.C.T.) Of Delhi · Niyam