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CS Professional · Compliance Management, Audit and Due Diligence · Non-Compliances, Penalties and Adjudications

Mr. Rao, an officer of Delta Infra Ltd, is accused of an offence under the Companies Act, 2013 and is forwarded to an Executive Magistrate under section 167 of the Code of Criminal Procedure, 1973. For how long in the whole may this Magistrate authorise his detention, and what must happen if further detention is unnecessary?

An Executive Magistrate can authorise detention for no more than seven days in the whole. If he considers detention unnecessary, he must order the accused to be forwarded to the Special Court having jurisdiction. Fifteen days applies to Judicial Magistrates.

  1. ASeven days; he must be forwarded to the Special Court having jurisdictionCorrect
  2. BFifteen days; he must be released unconditionally
  3. CSeven days; he must be forwarded to the Registrar of Companies
  4. DFifteen days; he must be forwarded to the High Court

Explanation

An Executive Magistrate may authorise detention for not exceeding seven days in the whole (fifteen for a Judicial Magistrate). If the Magistrate considers detention unnecessary on or before expiry, he must order the person to be forwarded to the Special Court having jurisdiction. Fifteen days applies only to Judicial Magistrates.

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