AI Overview...
167 Cr P C Calculation - Summary
Main Points and Insights
- Calculation of Period Under Section 167(2):
- The period of detention for granting bail is calculated from the date of arrest, excluding the date of arrest itself, as clarified by various judgments (Jagdish VS State Of Haryana - Punjab and Haryana, ADA ALIAS ADEITA BEHERA VS STATE - Orissa, ARJUN SINGH VS STATE OF RAJASTHAN - Rajasthan).
-
The period is generally 60 days for sessions trials and 90 days for cases involving certain offenses, with the calculation starting from the day after arrest (ARJUN SINGH VS STATE OF RAJASTHAN - Rajasthan, Jagdish VS State Of Haryana - Punjab and Haryana).
-
Exclusion of Certain Days:
- The initial day of arrest is excluded in the calculation, and the period is counted from the next day (ADA ALIAS ADEITA BEHERA VS STATE - Orissa, ARJUN SINGH VS STATE OF RAJASTHAN - Rajasthan).
-
The calculation also considers whether the accused is in custody or on bail, affecting the inclusion/exclusion of days (Chandra Dev Ram Yadav and Another VS State of U. P, and Another - Allahabad).
-
Application of the Limitation and General Clauses Acts:
-
Courts have applied the provisions of the General Clauses Act, especially Section 10, to interpret the calculation of days under Section 167(2) (ADA ALIAS ADEITA BEHERA VS STATE - Orissa).
-
Legal Interpretations and Judicial Decisions:
- Courts have consistently held that the 60/90-day period is to be calculated from the day after the arrest date, and delays beyond this period without proper extension or reason violate the accused's rights (Jagdish VS State Of Haryana - Punjab and Haryana, Jamal Din VS CPO Kishtwar - Jammu and Kashmir, ARJUN SINGH VS STATE OF RAJASTHAN - Rajasthan).
-
In some cases, courts have quashed detention orders where the period exceeded the prescribed limit, emphasizing strict adherence to Section 167(2) (Jamal Din VS CPO Kishtwar - Jammu and Kashmir, TARSEM KUMAR VS STATE - Delhi).
-
Special Cases and Exceptions:
- For cases where the accused is on bail or police custody beyond initial days, the calculation of days for detention limits is adjusted accordingly (Chandra Dev Ram Yadav and Another VS State of U. P, and Another - Allahabad, ARJUN SINGH VS STATE OF RAJASTHAN - Rajasthan).
Analysis and Conclusion
The consistent judicial interpretation across various cases indicates that the period for detention under Section 167(2) of the CrPC is calculated from the day after the arrest date, excluding that day, and is generally limited to 60 days for sessions trials and 90 days for special cases. Courts emphasize strict compliance with these limits, and any detention beyond the prescribed period without extension or valid reasons can lead to the release of the accused. The application of the General Clauses Act aids in clarifying the calculation of days, ensuring a uniform approach across cases (ADA ALIAS ADEITA BEHERA VS STATE - Orissa, Jagdish VS State Of Haryana - Punjab and Haryana, ARJUN SINGH VS STATE OF RAJASTHAN - Rajasthan).
References: - Jagdish VS State Of Haryana - Punjab and Haryana - ADA ALIAS ADEITA BEHERA VS STATE - Orissa - Chandra Dev Ram Yadav and Another VS State of U. P, and Another - Allahabad - United India Periodical Private Limited VS Commissioner of Income Tax, Madras - Madras - TARSEM KUMAR VS STATE - Delhi - Jamal Din VS CPO Kishtwar - Jammu and Kashmir - ARJUN SINGH VS STATE OF RAJASTHAN - Rajasthan - BIMAL CHANDRA SAHA VS STATE OF WEST BENGAL - Calcutta
Search Results for "167 Cr P C Calculation"
1997 0 Supreme(P&H) 821 • India - Punjab and Haryana
S.S.SUDHALKAR
Ratio Decidendi: The court relied on the interpretation of the provisions of section 167(2) and the calculation of the period ... Bail - NDPS Act - Interpretation of Provisions of Section 167(2) of the Code of Criminal Procedure Fact of the Case: ... The accused applied for bail under section 167(2) of the Code of Criminal Procedure, stating that the period of his remand had ... This being the position, the petitioner cannot be released on bail under the provisions of section 167(2) of the Code of Cri....
1996 0 Supreme(Ori) 70 • India - Orissa
P.K.MISRA
CRIMINAL PROCEDURE CODE - SECTION 167(2) PROVISO - INTERPRETATION - CALCULATION OF 90 DAYS PERIOD - EXCLUSION OF DATE OF REMAND ... - APPLICABILITY OF GENERAL CLAUSES ACT AND LIMITATION ACT - SECTION 10 OF GENERAL CLAUSES ACT - APPLICABILITY TO SECTION 167(2) ... Finding of the Court: The court held that the period of 90 days or 60 days, as the case may be, under Section 167(2 ... State of Orissa which was subsequently expressly overruled in AIR 1986 SC 2130, the ninetieth day as per the said calculation#HL_E....
2013 0 Supreme(All) 2060 • India - Allahabad
VISHNU CHANDRA GUPTA
Custody Remand - Sections 409, 420, 467, 468, 471, 204, 301, 174A, 120B IPC and 7/13(1)d r/w 13(2) of Prevention of Corruption Act - 167 ... Issues: The legality of police custody remand beyond the first 15 days and the interpretation of Section 167(2) Cr.P.C. ... excluded when calculating the first 15 days, and an accused on bail cannot be deemed to be in custody for the purpose of Section 167 ... While calculating first 15 days the calculation would start from 03.02.2013 and 02.02.2013 would be excluded, so the 17.02.....
1963 0 Supreme(Mad) 14 • India - Madras
JAGADISAN, SRINIVASAN
as per calculation under rule 2(a) and Rs. 35, 228 (deficit) as per rule 2(b) respectively. ... sanctioned the scheme or agreementIn respect of the calendar years 1952 and 1953, the previous years for the relevant assessment years 1953-54 and 1954-55, the computation of the assessable income of the Swiss company in relation to its business in India resulted in the sums of Rs. 1, 00, 605 and Rs. 1, 26, 167
1975 0 Supreme(Del) 77 • India - Delhi
VYAS DEV MISRA
Bail - Calculation of Detention Period - Interpretation of Section 167 of the Code of Criminal Procedure, 1973 Fact of the ... Issues: The main issue was the calculation of the detention period under Section 167 of the Code and its applicability to ... He sought bail on the ground that the Magistrate should have ordered his release on the sixtieth day in terms of Section 167 of the ... The relevant portion of Section 167 of the Code is in the following terms : ... "167#HL_EN....
2014 0 Supreme(J&K) 78 • India - Jammu and Kashmir
JANAK RAJ KOTWAL
Issues: Interpretation of section 167(2) and proviso (a) - Calculation of the sixty-day period for compulsive bail Ratio ... The court found that the Chief Judicial Magistrate's calculation of the sixty days was correct, and the petitioner was entitled to ... Inherent Jurisdiction - Quashing of Order - Section 167 of the Code of Criminal Procedure - 167(2) - Summary Fact of the ... To say otherwise, learned Chief Judicial Magistrate took 17.12.2010 as the first day and thereby 14.02.2011 as sixtieth da....
2016 Supreme(Online)(KER) 41168 • India - High Court of Kerala
C.T.RAVIKUMAR, K.P.JYOTHINDRANATH, JJ
Compensation - Motor Accidents - Motor Vehicles Act 1988 - Sections 166, 167 - The court analyzed the calculation of compensation
2017 0 Supreme(Del) 4857 • India - Delhi
J.R.MIDHA
] - The court discussed the calculation of compensation in a motor vehicle accident case, considering the deceased's educational ... Issues: Calculation of compensation, applicability of penal interest Ratio Decidendi: The court considered the deceased's ... Compensation - Motor Vehicle Accident - Indian Evidence Act - BBA (CAM) - 167 - Municipal Corporation of Delhi v. ... Applying the principles laid down in Section 167 of the Indian Evidence Act, this Court upholds the compensation awarded by the Claims Tribunal on t....
1993 0 Supreme(Cal) 127 • India - Calcutta
AMAL KANTI BHATTACHARJI
CRIMINAL PROCEDURE CODE - SECTION 167(5) - INTERPRETATION - PERIOD FOR SUBMISSION OF CHARGE SHEET - CALCULATION - WHERE ACCUSED ... The accused filed an application under section 167 (5) Cr. P. ... Finding of the Court: ( 5 ) THE Learned Additional Sessions Judge has discussed the implications of section 167 (5) from different angles. ... Milan Mukherjee forcefully submits that the Learned Sessions Judge was wrong in his approach to the interpretation of section 167 (5), Cr. P. C. ... ... ( 2 ) IN the....
1986 0 Supreme(Raj) 144 • India - Rajasthan
N.M.KASLIWAL, MOHINI KAPUR
CRIMINAL PROCEDURE CODE - SECTION 167(2) - BAIL - PERIOD OF DETENTION - CALCULATION - DATE OF ARREST - EXCLUSION - SUPREME COURT ... Therefore, the accused was not entitled to bail under Section 167(2) of the CrPC. Issues: 1. ... The accused argued that he was entitled to bail under Section 167(2) of the Code of Criminal Procedure (CrPC) since the period of ... C. whether the accused is still entitled for bail under S. 167 (2), Cr. P. C. ? (3) How the period of 90 days or 60 days in the Proviso (i) and ....
Filter by Legal Phrase
