BNSS 2023Chapter XXICrPC: CrPC Section 436A (partial equivalent — BNSS S.479 is significantly stronger)

Section 479

Bail for undertrial prisoners after half the maximum sentence period

Trial of Summons Cases by Magistrates

Plain English Explanation

This is one of the most important new provisions of the BNSS — the "half-sentence bail" rule. If an undertrial prisoner has spent half the maximum possible imprisonment period in jail while awaiting trial, they must be released on bail. For FIRST-TIME offenders with no prior convictions, the threshold is even lower — just 1/3 of the maximum sentence. Exceptions: death penalty cases; previously convicted persons (10+ year offences). This addresses the massive problem of overcrowding in Indian jails with undertrial prisoners. The time spent in detention before conviction is also set off against the final sentence.

Legal Text

Bharatiya Nagarik Suraksha Sanhita, 2023 · Section 479

(1) Where a person has, during the period of investigation, inquiry or trial under this Sanhita of an offence under any 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 on bail to the satisfaction of such Magistrate or Court: Provided that such release shall not be effected where— (i) the proceeding against the accused is pending before the Court under this Sanhita in respect of any offence punishable with death; (ii) the person has been previously convicted by a court of an offence punishable with death, imprisonment for life or imprisonment for a period of ten years or more. (2) Where the person is first time offender who has not been previously convicted by a court of law, the Court shall release such person on bail if such person has undergone detention during the period of investigation, inquiry or trial, for a period of one-third of the maximum period of imprisonment specified for such offence: Provided that the provisions of this sub-section shall not apply in cases of offences punishable with life imprisonment or death sentence. (3) Nothing in this section shall be deemed to affect the right of the accused to apply for bail, or the right of the State to oppose bail or seek cancellation of bail under any other provisions of this Sanhita. (4) The period of detention of the person in custody under this Sanhita before conviction shall be set off against the term of imprisonment imposed on such person on conviction.

Keywords

undertrial bailhalf sentence bailone-third bailfirst-time offender bailprison overcrowdingundertrial prisonersset off detentionbail after half period

Related Sections

S.170 — Bail in bailable offences S.171 — Bail in cases triable by Magistrate S.187 — Bail in non-bailable offences — Special powers of High Court or Court of Session S.193 — Bail to require written undertaking S.356 — Victim compensation scheme

CrPC Equivalent

CrPC Section 436A (partial equivalent — BNSS S.479 is significantly stronger)

View CrPC (Repealed) →

Need Legal Help?

Criminal procedure under BNSS requires specialist counsel. Corpus Juris Legal handles criminal defence and advisory across Delhi NCR courts — Delhi High Court, District Courts, and Supreme Court.

Free Consultation

All BNSS Sections