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CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS

Section 479: Maximum period for which under trial prisoner can be detained

The Bharatiya Nagarik Suraksha Sanhita, 2023

(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.

Corresponding CrPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Leading cases

Questions on this section

4 questions in 15 of our papers cite Section 479. Try these from the free papers:

  1. 1. X is an undertrial accused of an offence punishable with imprisonment which may extend to seven years; the offence is not punishable with death or imprisonment for life. He has a previous conviction. He has been in detention for four years, and none of the delay was caused by him. Another criminal case against him, relating to a different offence, is pending trial. X applies for release under Section 479 of the BNSS. Which statement is correct?

  2. 2. Under the first proviso to Section 479(1) of the BNSS, an undertrial who is a first-time offender (never convicted of any offence in the past) shall be released on bond by the Court if he has undergone detention for a period extending up to:

Practise questions on Bharatiya Nagarik Suraksha Sanhita