Quick answer
Section 479 of the B.N.S.S. limits how long an undertrial prisoner can be kept in custody. A person who has spent up to one-half of the maximum imprisonment for the offence in detention during investigation, inquiry or trial shall be released by the court on bail; a first-time offender (never convicted of any offence before) shall be released on bond after one-third. The rule does not apply to offences punishable with death or life imprisonment, does not allow release on bail where more than one offence or multiple cases are pending, and excludes delay caused by the accused. No undertrial may be detained beyond the maximum sentence for the offence.
The law
Section 479 B.N.S.S. (Maximum period for which undertrial prisoner can be detained) replaces Section 436A of the old CrPC.
- Section 479(1), main rule: detention up to one-half of the maximum imprisonment for the offence entitles the person to release by the court on bail.
- First proviso: a first-time offender shall be released on bond after detention up to one-third of the maximum period.
- Second proviso: after hearing the Public Prosecutor and recording written reasons, the court may order continued detention beyond one-half of the period, or release on bail bond instead of bond.
- Third proviso: no person shall in any case be detained beyond the maximum period of imprisonment for the offence.
- Explanation: detention caused by delay in proceedings by the accused is excluded when computing the period.
- Section 479(2): where investigation, inquiry or trial in more than one offence or in multiple cases is pending, the person shall not be released on bail under this section (subject to the third proviso).
- Section 479(3): the jail Superintendent must apply in writing to the court as soon as the one-half or one-third period is completed.
Old law and new law
| Point | Section 436A CrPC (old law) | Section 479 B.N.S.S. |
|---|---|---|
| Excluded offences | Offences punishable with death | Offences punishable with death or life imprisonment |
| General threshold | One-half of the maximum term | One-half of the maximum term |
| First-time offender | No special rule | One-third of the maximum term, release on bond |
| Multiple offences or cases pending | No express bar | No release on bail under this section (Section 479(2)) |
| Jail Superintendent's duty | No express duty | Must apply to the court (Section 479(3)) |
Example
Armaan is an undertrial accused of cheating under Section 318(4) B.N.S., punishable with up to seven years. He has never been convicted before and faces no other case. One-third of seven years is two years and four months. Once Armaan has spent that long in custody, excluding any delay he caused, the jail Superintendent must apply to the court and the court shall release him on bond. If Armaan had a previous conviction, the threshold would be one-half, that is, three years and six months. If another case were also pending against him, Section 479(2) would bar release on bail under this section.
Current-law note
In Re: Inhuman Conditions in 1382 Prisons, W.P.(C) No. 406 of 2013, Supreme Court of India, order dated 23 August 2024 (Hima Kohli and Sandeep Mehta, JJ.). The Court recorded the Union Government's instructions that Section 479 B.N.S.S. shall apply to all undertrials in pending cases, whether the case was registered before or after 1 July 2024. It directed jail Superintendents across the country to process applications to the courts once undertrials complete one-half or one-third of the period, preferably within two months, and asked District and Sessions Judges heading Under Trial Review Committees to ensure compliance.
The idea behind the section is that delay in trial should not turn an accusation into endless imprisonment. For the wider bail chapter, see B.N.S.S.: Complete Notes.
Exam point
Section 479 B.N.S.S. (old Section 436A CrPC): bail after one-half of the maximum term; bond after one-third for a first-time offender; not for death or life offences or where multiple cases are pending; never beyond the maximum term. Applies to pending cases registered before 1 July 2024 (Supreme Court order, 23 August 2024).
