Bharatiya Nagarik Suraksha Sanhita, 2023
BNSS Section 479
Maximum period for which under-trial prisoner can be detained
In one line
BNSS Section 479 deals with maximum period for which under-trial prisoner can be detained and replaces CrPC 436A.
Bare act text — BNSS 479
479. Maximum period for which under-trial prisoner can be detained.
(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 bail: 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: Provided further 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 bond instead of his bond: Provided also 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.
(2) Notwithstanding anything in sub-section (1), and subject to the third proviso thereof, where an investigation, inquiry or trial in more than one offence or in multiple cases are pending against a person, he shall not be released on bail by the Court.
(3) The Superintendent of jail, where the accused person is detained, on completion of one-half or onethird 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 bail.
What changed from the CrPC
- CrPC 436A → BNSS 479: "or life imprisonment is added." One new proviso is added to subsection (1), which states about the bail of first-time offenders.
- CrPC 436A → BNSS 479: Two new subsections (2) and (3) are added, which are about bail for individuals having multiple pending investigations, inquiries or trials for more than one offence, and applications by the superintendent of jail where the accused person is detained, respectively."bail" is added in place of "his personal bond with or without sureties," "also" is used in place of "further".
Frequently asked
What was BNSS Section 479 in the CrPC?
BNSS Section 479 (Maximum period for which under-trial prisoner can be detained) replaces Section 436A of the Code of Criminal Procedure, 1973. CrPC 436A is now BNSS 479.
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Nearby BNSS sections
- BNSS 474 — Power to commute sentence
- BNSS 475 — Restriction on powers of remission or commutation in certain cases
- BNSS 476 — Concurrent power of Central Government in case of death sentences
- BNSS 477 — State Government to act after concurrence with Central Government in certain cases
- BNSS 478 — In what cases bail to be taken
- BNSS 480 — When bail may be taken in case of non-bailable offence
- BNSS 481 — Bail to require accused to appear before next Appellate Court
- BNSS 482 — Direction for grant of bail to person apprehending arrest
- BNSS 483 — Special powers of High Court or Court of Session regarding bail
- BNSS 484 — Amount of bond and reduction thereof