CrPC 436A→BNSS 479

CrPC 436A to BNSS 479: Maximum period for which an undertrial prisoner can be detained

Section 436A CrPC (1973) replaced by Section 479 BNSS (2023)

View CrPC Section 436A →View BNSS Section 479 →

CrPC 436A to BNSS 479 at a Glance

Section 436A CrPC (Maximum period for which an undertrial prisoner can be detained) is now Section 479 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 436A to BNSS 479?

Section 436A of the Code of Criminal Procedure, 1973 became Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Renumbering and replacing Code with Sanhita are changes of form, while the maximum detention cap and Explanation remain unchanged. Section 479(1) BNSS excludes offences punishable with life imprisonment, provides for release on bail at one-half of the maximum imprisonment, adds a proviso releasing first-time offenders on bond at one-third, and in the second proviso the alternative becomes release on bail bond instead of his bond, where Section 436A CrPC spoke of bail instead of the personal bond with or without sureties. New Section 479(2) BNSS and Section 479(3) BNSS have no CrPC source, barring bail in multiple cases and requiring a forthwith application by the jail Superintendent.

CrPC 436A vs BNSS 479: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section436A479
HeadingMaximum period for which an undertrial prisoner can be detainedMaximum period for which undertrial prisoner can be detained
Sub-sectionsNone3 sub-sections

CrPC 436A and BNSS 479: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 436A, CrPC 1973

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.
BNSS 2023 (in force)

Section 479, BNSS 2023

479. Maximum period for which undertrial 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 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 bail.

When It Applies: CrPC 436A vs BNSS 479

Under CrPC 436A
  1. Section 436A of the Code of Criminal Procedure, 1973 applies to a person held in detention during the investigation, inquiry or trial of an offence under any law, unless death is specified as one of the punishments for that offence.
  2. Once the undertrial prisoner has been detained for up to one-half of the maximum period of imprisonment specified for the offence, the Court shall release the prisoner on a personal bond with or without sureties.
  3. Under the first proviso to Section 436A CrPC, the Court may, after hearing the Public Prosecutor and for reasons recorded in writing, order continued detention for a period longer than one-half of the maximum period, or release the person on bail instead of the personal bond with or without sureties.
  4. Under the Explanation to Section 436A CrPC, when the Court computes the period of detention for granting bail, any time spent in detention because the accused delayed the proceeding shall be excluded.
Under BNSS 479
  1. When a person detained during investigation, inquiry or trial under the Bharatiya Nagarik Suraksha Sanhita, 2023 for an offence not punishable with death or life imprisonment completes one-half of the maximum imprisonment specified for that offence, the Court shall release that person on bail.
  2. Under the first proviso to Section 479(1) BNSS, a first-time offender who has never been convicted of any offence in the past shall be released on bond by the Court once that person has undergone detention for a period extending up to one-third of the maximum period of imprisonment specified for the offence.
  3. Under the second proviso to Section 479(1) BNSS, the Court may, after hearing the Public Prosecutor and for reasons recorded in writing, order continued detention for a period longer than one-half of the maximum period, or release the person on bail bond instead of bond.
  4. When computing the length of detention under Section 479 BNSS for granting bail, the Court shall exclude any period of detention that passed due to delay in the proceeding caused by the accused.
  5. Under Section 479(2) BNSS, notwithstanding anything in Section 479(1) BNSS, where an investigation, inquiry or trial in more than one offence or in multiple cases is pending against a person, that person shall not be released on bail by the Court, though the third proviso capping detention at the maximum imprisonment period still applies.
  6. Under Section 479(3) BNSS, the Superintendent of the jail where the accused person is detained shall make a written application to the Court to proceed under Section 479(1) BNSS once the prisoner completes the applicable one-half or one-third period of detention.

Time Limits: CrPC 436A to BNSS 479

Under CrPC 436A
  • Detention extending up to one-half of the maximum period of imprisonment specified for the offence triggers the duty of the Court under Section 436A of the Code of Criminal Procedure, 1973 to release the undertrial prisoner on a personal bond, unless the Court orders continued detention under the first proviso.Act text: “undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law”
  • Under the second proviso to Section 436A CrPC, the maximum period of imprisonment provided for the offence is the absolute ceiling beyond which an undertrial prisoner shall in no case be detained during investigation, inquiry or trial.Act text: “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”
Under BNSS 479
  • Detention extending up to one-half of the maximum period of imprisonment specified for the offence is the general period under Section 479(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 upon which the Court shall release the undertrial prisoner on bail, unless extended under the second proviso or barred under Section 479(2) BNSS.Act text: “undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law”
  • Under the first proviso to Section 479(1) BNSS, detention extending up to one-third of the maximum period of imprisonment specified for the offence is the reduced period upon which the Court shall release a first-time offender who has never been convicted of any offence in the past on bond.Act text: “undergone detention for the period extending up to one-third of the maximum period of imprisonment specified for such offence under that law”
  • Under the third proviso to Section 479(1) BNSS, the maximum period of imprisonment provided for the offence is the absolute ceiling beyond which no such undertrial prisoner shall in any case be detained during investigation, inquiry or trial.Act text: “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”
  • Under Section 479(3) BNSS, upon the detained accused person completing one-half or one-third of the period mentioned in Section 479(1) BNSS, the Superintendent of jail shall forthwith make a written application to the Court for the release of that person on bail.Act text: “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 CrPC 436A to BNSS 479 Means in Practice

Compared to Section 436A of the Code of Criminal Procedure, 1973, Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that a first-time offender with no past conviction shall be released on bond after one-third of the maximum imprisonment, and requires the Superintendent of jail to apply forthwith in writing to the Court. Section 479 BNSS does not cover offences for which life imprisonment is specified as one of the punishments, and under Section 479(2) BNSS a person against whom an investigation, inquiry or trial in more than one offence or in multiple cases is pending shall not be released on bail by the Court, subject to the third proviso.

FAQs: CrPC 436A to BNSS 479

How did the excluded offences change between Section 436A CrPC and Section 479 BNSS?▼

Under Section 436A of the Code of Criminal Procedure, 1973, the only offences excluded from release based on the period of undertrial detention were those for which the punishment of death was specified as one of the punishments under that law. Under Section 479(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the exclusion is wider and covers both offences punishable with death and offences for which life imprisonment is specified as one of the punishments under that law.

What new rule does Section 479 BNSS introduce for first-time offenders compared to Section 436A CrPC?▼

Section 436A of the Code of Criminal Procedure, 1973 applied a single threshold of one-half of the maximum period of imprisonment to all eligible undertrial prisoners. The first proviso to Section 479(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 introduces a lower threshold for a first-time offender who has never been convicted of any offence in the past, requiring the Court to release such a person on bond after detention for up to one-third of the maximum imprisonment.

Which sub-sections of Section 479 BNSS are completely new and have no source in Section 436A CrPC?▼

Both Section 479(2) and Section 479(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 are new provisions with no source in the Code of Criminal Procedure, 1973. Section 479(2) BNSS bars the Court from releasing a person on bail where an investigation, inquiry or trial in more than one offence or in multiple cases is pending, subject to the third proviso. Section 479(3) BNSS requires the Superintendent of jail to apply forthwith in writing to the Court upon completion of the one-half or one-third period.

What parts of Section 436A CrPC remain unchanged in Section 479 BNSS?▼

The absolute outer limit on undertrial custody and the rule for computing detention remain unchanged between Section 436A of the Code of Criminal Procedure, 1973 and Section 479(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Under both provisions, no eligible person shall in any case be detained during investigation, inquiry or trial for more than the maximum period of imprisonment provided for the offence, and the Explanation excludes any detention passed due to delay in the proceeding caused by the accused.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·