CRPC §436A → BNSS §479
Maximum period for which an undertrial prisoner can be detained
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4[436A. Maximum period for which an undertrial prisoner can be detained.—Where a person has, during the period of investigation, inquiry or trial under this Code of an offence under any law (not being an offence for which the punishment of death has been specified as one of the punishments under that law) undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the Court on his personal bond with or without sureties: Provided that the Court may, after hearing the Public Prosecutor and for reasons to be recorded by it in writing, order the continued detention of such person for a period longer than one-half of the said period or release him on bail instead of the personal bond with or without sureties: Provided further that no such person shall in any case be detained during the period of investigation, inquiry or trial for more than the maximum period of imprisonment provided for the said offence under that law. Explanation.—In computing the period of detention under this section for granting bail, the period of detention passed due to delay in proceeding caused by the accused shall be excluded.]
(1) Where a person has, during the period of investigation, inquiry or trial under this Sanhita of an offence under any law (not being an offence for which the punishment of death or life imprisonment has been specified as one of the punishments under that law) undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the Court on his bond with or without sureties: Provided that where such person is a first-time offender (who has never been convicted of any offence in the past) he shall be released on bond by the Court, if he has undergone detention for the period extending up to one-third of the maximum period of imprisonment specified for such offence under that law.
(2) Notwithstanding anything in sub-section (1), and subject to the third proviso thereof, no such person shall in any case be detained during the period of investigation, inquiry or trial for more than the maximum period of imprisonment provided for the said offence under that law.
(3) The Superintendent of jail, where the accused person is detained, on completion of one-half or one-third of the period mentioned in sub-section (1), as the case may be, shall forthwith make an application in writing to the Court to proceed under sub-section (1) for the release of such person on bond.
What changedAI-inferred
Maximum period for which undertrial prisoner can be detained — BNSS 479 strengthens with mandatory release for first-time offenders after 1/3 of maximum sentence.
Old position
CrPC 436A is concerned with Maximum period for which an undertrial prisoner can be detained. 4[436A
New position
BNSS 479 modifies the framework. Topic: Maximum period for which under-trial prisoner can be detained. Where a person has, during the period of investigation, inquiry or trial under this Sanhita of an offence under any law (not being an offence for which the punishment of death or life imprisonment has been specified as one of the
Maximum period for which undertrial prisoner can be detained — BNSS 479 strengthens with mandatory release for first-time offenders after 1/3 of maximum sentence.
Editorial deltaAI-indicated (source-linked)
BNSS 479 carries forward CrPC 436A's half-period default-bail rule for undertrials. Two visible operative deltas: (a) the offence carve-out is expanded from 'death' only to death or life imprisonment, narrowing the population entitled to the half-period rule; (b) a new first-time-offender proviso is added: where the person is a first-time offender (never previously convicted of any offence) the entitlement to release on bond is triggered after one-third of the maximum imprisonment specified for that offence. The operative phrasing replaces 'personal bond' with 'bond'.
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 436A continues to apply. For matters from that date forward, BNSS 479 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNSS 479 (Maximum period for which under-trial prisoner can be detained). The relationship is classified as modified — see the change-note above for the textual delta.
Sources
- India Code — Code of Criminal Procedure, 1973
- Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023
Cite this page
Newlaws.in, CRPC §436A → BNSS §479 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/crpc/436A.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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