(1) Notwithstanding anything contained in the prevailing law, if a person who is arrested pursuant to this Act and charged with a case punishable by imprisonment for a term of one year or more seems to be the offender on the basis of the evidence available for the time being or if there is a reasonable ground to believe from such evidence that he or she is the offender, proceeding shall be taken by holding such person in custody for trial.
(2) In the case of a person other than that mentioned in sub-section (1), the case shall be tried upon releasing him or her on bail or
surety of assets equivalent to the upper ceiling of fine or imprisonment that can be imposed on him or her if such bail or surety is furnished, and if he or she is able to so furnish the bail or surety, it shall be tried by holding him or her in custody.
Provided that the case shall be tired by holding in custody the offender who repeatedly commits the offence punishable by imprisonment for a term exceeding six months.
(3) While carrying out proceedings by holding the accused in detention pursuant to this Section, he or she shall not be held in custody for a period more than the upper ceiling of the punishment imposable on him or her.