Maximum period for which under-trial prisoner can be detained.
What this section does
An under-trial prisoner detained for half the maximum imprisonment period for the alleged offence (excluding death/life imprisonment offences) shall be released on bail; a first-time offender shall be released on bond after serving one-third of such period. The Superintendent of Jail must apply to the Court upon completion of the relevant period. Where multiple cases or offences are pending against a person, he shall not be released on bail under this section.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- Court · Public Prosecutor · Superintendent of Jail · Accused/Under-trial prisoner
- Time limit
- Release on bail after detention for one-half of maximum sentence; one-third for first-time offenders; total detention cannot exceed maximum sentence for the offence
Practitioner note
The proviso for first-time offenders and the mandatory role of the Superintendent of Jail in initiating bail applications are new additions under BNSS not present in CrPC s.436A.
Derived from CrPC s.436A.
Read the official text
For the binding statutory text of BNSS Section 479, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 479 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.