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

During an online-fraud investigation, no Magistrate is available at the time the accused must be forwarded. Under Section 187(6) of the BNSS, 2023, which statement is correct about forwarding the accused to an Executive Magistrate with Magistrate powers?

The Executive Magistrate, on whom Magistrate powers are conferred, may authorise detention for a term not exceeding seven days in aggregate, recording reasons in writing. He must send the records to the nearest Judicial Magistrate before that period expires.

  1. AHe may authorise detention for up to seven days in aggregate, for reasons recorded in writingCorrect
  2. BHe may authorise detention for up to fifteen days in police custody
  3. CHe may authorise detention up to sixty days
  4. DHe may authorise detention only if the accused consents

Explanation

Section 187(6) lets the Executive Magistrate authorise detention for a term not exceeding seven days in aggregate, for reasons recorded in writing. The period is later counted toward the Section 187(3) limit if further detention is ordered by a competent Magistrate. Fifteen or sixty days are not the Executive Magistrate's powers.

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