Section 80 of The Assam Rifles Act, 2006 in hindi
Duty of Commandant in regard to detention.
- (1)It shall be the duty of every Commandant to take care that a person under his command when charged with an offence is not detained in custody for more than forty-eight hours after the committal of such person into custody is reported to him without the charge being investigated, unless investigation within that period seems to him to be impracticable having regard to the public service.
- (2)The case of every person, being detained in custody beyond a period of forty-eight hours, and reason thereof, shall be reported by the Commandant to the Deputy Inspector-General under whom he is serving or such other officer to whom an application may be made to convene as Assam Rifles Court for the trial of the person charged.
- (3)In reckoning the period of forty-eight hours specified in sub-section (1), sundays and other public holidays shall be excluded.
- (4)Subject to the provisions of this Act, the Central Government may make rules providing for the manner in which and the period for which any person subject to this Act may be taken into and detained in Force custody, pending the trial by any competent authority for any offence committed by him.
Summary
- A Commandant must ensure that a person in custody has their charge investigated within forty-eight hours of the Commandant being notified.
- The forty-eight hour time limit pauses and does not count Sundays or other public holidays.
- If a person is detained longer than forty-eight hours, the Commandant must report the delay and the reasons for it to the Deputy Inspector General or another convening officer.
- The Central Government has the power to make specific rules regarding how and for how long a person can be detained in Force custody while awaiting trial.
Practical examples
FAQ
1. What is the maximum time for custody without investigation under Section 80 of the Assam Rifles Act, 2006?
Under Section 80 of the Assam Rifles Act, 2006, a person cannot be detained for more than forty-eight hours without the charge being investigated, excluding Sundays and public holidays, unless it is impracticable.
2. Who must be notified if detention exceeds forty-eight hours under Section 80 of the Assam Rifles Act, 2006?
Under Section 80 of the Assam Rifles Act, 2006, the Commandant must report the case and the reasons for the delay to the Deputy Inspector General or another officer who can convene an Assam Rifles Court.
3. Do weekends count toward the forty-eight hour limit in Section 80 of the Assam Rifles Act, 2006?
Under Section 80 of the Assam Rifles Act, 2006, Sundays and other public holidays are strictly excluded when calculating the forty-eight hour period.
4. Who makes the rules for detention pending trial under Section 80 of the Assam Rifles Act, 2006?
Under Section 80 of the Assam Rifles Act, 2006, the Central Government has the authority to make rules providing for the manner and period a person may be detained in Force custody pending trial.
Test yourself
1.How many hours does a Commandant generally have to investigate a charge before having to make a special report, according to Section 80 of the Assam Rifles Act, 2006?
2.Which days are explicitly excluded when counting the forty-eight hours under Section 80 of the Assam Rifles Act, 2006?
3.To whom must the Commandant report if a person is detained beyond forty-eight hours under Section 80 of the Assam Rifles Act, 2006?
4.What reason allows a Commandant to delay the investigation beyond the standard time limit under Section 80 of the Assam Rifles Act, 2006?