TAPAS KUMAR DEB Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This Division Bench has been constituted to decide the following question of law:-

(2.) The State of Tripura faced a lot of extremist violence and, therefore, a proposal was mooted for amending Section 167 of the Code of Criminal Procedure (for short, Cr.P.C.) and adding Section 439 A to the Cr.P.C. Here it would be pertinent to mention that we are mainly concerned with Section 167(2) of Cr.P.C. which reads as follows:-

(3.) By way of the amendment in Tripura, the period of 60 days mentioned in the sub-section has been replaced by 120 days and the period of 90 days by 180 days. Thus, under the Cr.P.C. any person, against whom investigation is being carried out in relation to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than 10 years, is entitled to grant of bail, in case the investigation is not completed and the challan is not filed within 90 days. Thus, a person cannot be kept in detention for more than 90 days. In case of less serious offences where the punishment is less than 10 years, the maximum period of detention is 60 days. In Tripura, by means of this amendment, the period of 90 days detention has been increased to 180 days and the period of 60 days detention has been increased to 120 days.