Section 479 BNSS: Maximum period for which undertrial prisoner can be detained
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 479 BNSS at a Glance
Section 479 BNSS deals with maximum period for which undertrial prisoner can be detained. It replaced Section 436A CrPC on 1 July 2024.
Section 479 BNSS Bare Act Text
(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.
Source: Section 479, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 479 BNSS in Simple Words
Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 covers a person who is held in detention while an offence under any law is under investigation, inquiry or trial under the Sanhita. Section 479(1) BNSS is not for an offence whose punishment under that law includes death or life imprisonment among the punishments specified. Once the person has been detained for a period extending up to one-half of the maximum imprisonment specified for the offence, the Court shall release the person on bail. The first proviso is about a first-time offender, meaning a person who has never been convicted of any offence in the past. The Court shall release that person on bond once detention has extended up to one-third of the maximum imprisonment specified for the offence. The second proviso allows the Court to take either of the following steps, and only after hearing the Public Prosecutor and for reasons it records in writing.
One step is to order the continued detention of the person for longer than one-half of the said period. The other step is to release the person on bail bond instead of the bond. The third proviso is an absolute ceiling: in no case shall such a person be detained during investigation, inquiry or trial for more than the maximum imprisonment provided for the offence. The Explanation deals with counting the detention under Section 479 BNSS for granting bail. Detention that passed because of delay in the proceeding caused by the accused shall be excluded from that count. Section 479(2) BNSS applies despite Section 479(1) BNSS, and subject to the third proviso to Section 479(1) BNSS.
If an investigation, inquiry or trial in more than one offence, or in multiple cases, is pending against a person, the Court shall not release that person on bail. Under Section 479(3) BNSS, the Superintendent of jail where the accused is detained shall forthwith make an application in writing to the Court. The duty arises on completion of one-half or one-third of the period mentioned in Section 479(1) BNSS, as the case may be. The application asks the Court to proceed under Section 479(1) BNSS for the release of that person on bail.
When Section 479 BNSS Applies
- 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.
- 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.
- 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.
- 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.
- 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.
- 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 Under Section 479 BNSS
- 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”
Example of Section 479 BNSS
When Section 479 BNSS Does Not Apply
- Section 479(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not apply where the person is detained for an offence for which the punishment of death or life imprisonment is specified as one of the punishments under that law.
- Release under Section 479(1) BNSS does not apply where an investigation, inquiry or trial in more than one offence or in multiple cases is pending against the person, because Section 479(2) BNSS provides that such a person shall not be released on bail by the Court, subject to the third proviso capping detention at the maximum imprisonment period.
- Release on bond after one-third of the maximum imprisonment under the first proviso to Section 479(1) BNSS does not apply if the undertrial prisoner has been convicted of any offence in the past and is therefore not a first-time offender.
Section 479 BNSS in the CrPC (Previous Law)
Section 479 BNSS replaced Section 436A CrPC from 1 July 2024.
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.
Each sub-section below names its own source.
FAQs on Section 479 BNSS
When can a first-time offender be released under Section 479 BNSS?▼
Under the first proviso to Section 479(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a first-time offender who has never been convicted of any offence in the past shall be released on bond by the Court after undergoing detention for a period extending up to one-third of the maximum period of imprisonment specified for that offence. This applies only where the offence is not punishable with death or life imprisonment and no investigation, inquiry or trial in more than one offence or in multiple cases is pending against the person.
Can an undertrial prisoner be released on bail under Section 479 BNSS if multiple cases are pending?▼
No. Section 479(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that 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. However, Section 479(2) BNSS remains subject to the third proviso to Section 479(1) BNSS, which forbids detention beyond the maximum period of imprisonment provided for the offence.
What is the duty of the Superintendent of jail under Section 479(3) BNSS?▼
Under Section 479(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, once the accused person completes one-half or, for a first-time offender, one-third of the maximum imprisonment period mentioned in Section 479(1) BNSS, the Superintendent of the jail where that person is detained of jail shall forthwith make an application in writing to the Court to proceed under Section 479(1) BNSS for the release of the person on bail.
Can the Court refuse release or require a bail bond under Section 479(1) BNSS?▼
Yes. Under the second proviso to Section 479(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court may, after hearing the Public Prosecutor and for reasons recorded by it in writing, order the continued detention of the person for a period longer than one-half of the maximum imprisonment period, or release the person on a bail bond instead of a bond. Even so, the third proviso states that detention shall in no case exceed the maximum imprisonment provided for the offence.
What changed from Section 436A CrPC to Section 479 BNSS from 1 July 2024?▼
From 1 July 2024, Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 436A of the Code of Criminal Procedure, 1973. Section 479(1) BNSS adds offences punishable with life imprisonment to the exclusion, adds release on bond for a first-time offender after one-third of the maximum imprisonment, and changes the release terms to bail and bail bond. New Section 479(2) BNSS bars bail where multiple offences or cases are pending, and new Section 479(3) BNSS directs the Superintendent of jail to apply forthwith.
Section 479 BNSS: Sub-sections Explained
Section 479(1) BNSS: Maximum period for which an undertrial prisoner can be detained
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Bare Act Text
(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.
Section 479(2) BNSS: Maximum period for which under trial prisoner can be detained
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Bare Act Text
(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.
Section 479(3) BNSS: Maximum period for which under trial prisoner can be detained
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Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·