Section 436A CrPC: Maximum period for which an undertrial prisoner can be detained

Code of Criminal Procedure, 1973

Section 436A CrPC at a Glance

Section 436A CrPC deals with maximum period for which an undertrial prisoner can be detained. From 1 July 2024 it is replaced by Section 479 BNSS.

Now BNSS

Section 479 →

What Section 436A CrPC Says

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.

Source: Section 436A, Code of Criminal Procedure, 1973

Section 436A CrPC in Simple Words

Section 436A of the Code of Criminal Procedure, 1973 covers a person who is held in detention while an offence under any law is under investigation, inquiry or trial under the Code. The rule is not for an offence whose punishment under that law includes death 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. The release shall be on the person's personal bond, with or without sureties.

The first proviso allows the Court to take either of the following steps instead, 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 instead of the personal bond with or without sureties. The second 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 436A CrPC for granting bail. Detention that passed because of delay in the proceeding caused by the accused shall be excluded from that count.

When Section 436A CrPC Applies

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.
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.
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.
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.

Time Limits Under Section 436A CrPC

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”

Example of Section 436A CrPC

Arjun is in detention during his trial for an offence for which death is not one of the specified punishments. Leaving out the detention that passed due to delay in the proceeding caused by Arjun himself, his detention reaches one-half of the maximum period of imprisonment specified for that offence. The Court hears the Public Prosecutor and does not order continued detention. Under Section 436A of the Code of Criminal Procedure, 1973, the Court shall release Arjun on his personal bond with or without sureties.

When Section 436A CrPC Does Not Apply

Section 436A of the Code of Criminal Procedure, 1973 does not apply where the person is detained for an offence for which the punishment of death is specified as one of the punishments under that law.

Section 436A CrPC Under BNSS 479: What Changed

Section 436A CrPC is now covered under Section 479 BNSS.

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.

View detailed comparison (CrPC 436A vs BNSS 479) →

FAQs on Section 436A CrPC

When shall an undertrial prisoner be released under Section 436A CrPC?▼

Under Section 436A of the Code of Criminal Procedure, 1973, an undertrial prisoner shall be released by the Court on a personal bond with or without sureties once the prisoner has undergone detention during investigation, inquiry or trial for a period extending up to one-half of the maximum imprisonment specified for that offence under the relevant law. The Court may instead order continued detention or release on bail under the first proviso, after hearing the Public Prosecutor and recording reasons in writing. This rule does not apply if the punishment of death is specified as one of the punishments for that offence.

Can the Court detain an undertrial prisoner beyond one-half of the maximum imprisonment under Section 436A CrPC?▼

Yes. Under the first proviso to Section 436A of the Code of Criminal Procedure, 1973, the Court may order the continued detention of the person for a period longer than one-half of the maximum imprisonment, or release the person on bail instead of a personal bond with or without sureties. To do so, the Court must first hear the Public Prosecutor and record its reasons in writing. Even then, detention shall in no case exceed the maximum period of imprisonment provided for that offence.

How is delay caused by the accused treated when calculating detention under Section 436A CrPC?▼

The Explanation to Section 436A of the Code of Criminal Procedure, 1973 states that when computing the period of detention for granting bail under Section 436A CrPC, any period of detention that passed due to delay in the proceeding caused by the accused shall be excluded. Only the detention period remaining after excluding such accused-caused delay counts toward the threshold of one-half of the maximum period of imprisonment specified for the offence.

Where is the provision corresponding to Section 436A CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. From 1 July 2024, the provision corresponding to Section 436A CrPC is found in Section 479(1) BNSS, and Section 479 BNSS adds the new Section 479(2) BNSS and Section 479(3) BNSS. Under the Code, Section 436A CrPC set the maximum period for which an undertrial prisoner could be detained during investigation, inquiry or trial for an offence not punishable with death.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 27 Oct 2026 ·