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CS Professional · Artificial Intelligence, Data Analytics and Cyber Security - Laws and Practice · Cyber Crimes and Investigation Procedures

A bank's data-theft case is a summons-case. The accused was arrested on 1 March, and by 1 September the police investigation has still not concluded. Under Section 187(9) and (10) of the BNSS, 2023, what is the position?

After six months from arrest in a summons-case, the Magistrate must order further investigation stopped unless the officer shows special reasons and that continuing serves the interests of justice. If such an order is made, the Sessions Judge can vacate it and direct further investigation.

  1. AThe Magistrate must make an order stopping further investigation unless the officer shows special reasons and that continuation is in the interests of justice; the Sessions Judge may vacate such an orderCorrect
  2. BThe investigation lapses automatically and cannot be revived by any court
  3. CThe investigation continues indefinitely because a summons-case has no time limit
  4. DThe High Court alone must order closure of the investigation after six months

Explanation

Section 187(9) requires the Magistrate to stop further investigation after six months from arrest in a summons-case, unless the officer satisfies him of special reasons and the interests of justice. Under 187(10), the Sessions Judge may vacate the stopping order and direct further investigation. Automatic lapse without revival is wrong because of that power.

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