RAS question
Under the Unlawful Activities Prevention Act (UAPA), 1967, the maximum period of pre-trial detention (without filing a charge-sheet) that a court can extend to is:
Correct answer: (C) 180 days.
Under the Unlawful Activities Prevention Act, 1967, a court may extend the period for completing investigation before filing the charge-sheet up to a maximum of 180 days.
Explanation
Section 43D of the Unlawful Activities Prevention Act modifies the usual Code procedure for UAPA cases. For offences punishable under the Act, the references in Section 167 to shorter detention periods are altered, and the investigation period can go beyond the ordinary 90-day point. The court may extend it up to 180 days only if it is satisfied with the Public Prosecutor's report, which must show the progress of investigation and give specific reasons for keeping the accused in detention beyond 90 days. That is why 180 days, not 60 or 90 days, is the maximum pre-trial detention period under this special UAPA procedure.
Why the other options are wrong
- (A) 60 days is the ordinary shorter-period benchmark for non-UAPA offences, but UAPA applies a special extended timetable.
- (B) 90 days is an intermediate point under Section 43D; the court can extend detention beyond it when the statutory conditions are met.
- (D) 365 days exceeds the ceiling stated in Section 43D, which permits extension only up to 180 days.
Concept
Special criminal-procedure rules attach to security legislation, and UAPA departs from ordinary detention timelines. RAS often covers this topic because policing powers, civil liberties and current-affairs-linked law questions often meet in this area.