Validity of one month imprisonment under section 125(3)

[Shashi saini]

Dear sir,One of my male friend got imprisonment for 1 month u/s 125(3). He was supposed to undergo imprisonment up to 1/1/19 as per order by judge. But on 1/1/19 court holiday was discovered. He was produced in front of duty magistrate for further order but duty magistrate refused to detain him further beyond specified days u/s 125(3) but refused to mention anything in written. Jail authority again put him behind bars without any warrant for further custody. plz tell legality for detaining him.

[Dr. Ashok Dhamija]

I don’t know where is the doubt. If the order of the Magistrate for custody of the person was only up to 01.01.2019, and if there is no fresh order for any further custody from any competent court (or may be some other order of that court or another court in some other case), and if there is no fresh arrest in a case, and if the person has been detained in custody beyond 01.01.2019, then any such further custody beyond 01.01.2019 will be clearly illegal as there is no written order of custody. Oral orders have no meaning. A written order is required for custody. It should be quite clear.

     

---

Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Author]

Posts