(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.
Bharatiya Nagarik Suraksha Sanhita
Section 479
Maximum period for which under trial prisoner can be detained
⚡ Quick Answer Reference: Section 479 BNSS
- Provision: Section 479 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROVISIONS AS TO BAIL AND BONDS
- Jurisdiction: India
- Summary: This section says that a person who is being investigated or tried for a crime can be released on bail if they have been detained for half or one-third of the maximum possible prison time for that crime. If they are a first-time offender, they can be released even earlier. However, the court can decide to keep them detained if it thinks it's necessary.
What does Section 479 of BNSS say?
Embed this Section Card
Want to display this Section explanation card on your website? Copy and paste the HTML code below:
What does Section 479 of BNSS mean?
Plain English Explanation
This section says that a person who is being investigated or tried for a crime can be released on bail if they have been detained for half or one-third of the maximum possible prison time for that crime. If they are a first-time offender, they can be released even earlier. However, the court can decide to keep them detained if it thinks it's necessary.
Practical Interpretation
In practice, this section means that courts have to consider the length of time a person has been detained when deciding whether to grant bail. If the person has been detained for a significant portion of the maximum possible prison time, the court is more likely to grant bail. However, the court also has the discretion to keep the person detained if it thinks it's necessary.
Core Legal Purpose
The core purpose of this section is to ensure that people who are being investigated or tried for crimes are not detained for too long without being granted bail. It aims to balance the need to ensure public safety with the need to protect the rights of individuals who are accused of crimes.
- •The person must be detained for an offence under a law that does not specify death or life imprisonment as a punishment.
- •The person must have undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law.
- •The person must be a first-time offender (who has never been convicted of any offence in the past) to be released on bond if they have undergone detention for the period extending up to one-third of the maximum period of imprisonment specified for such offence under that law.
- •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.
Practical Example of Section 479 BNSS
Rajesh is being investigated for a crime that carries a maximum prison sentence of 10 years. He has been detained for 5 years, which is half of the maximum possible prison time. Since he is a first-time offender, he can be released on bond. However, the court decides to hear the Public Prosecutor and considers releasing him on bail bond instead of his bond.
Frequently Asked Questions about Section 479 BNSS
Q: What is the punishment or consequence under Section 479 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It outlines the conditions under which a person can be released on bail.
Q: Does this section apply to private individuals or public entities?
This section applies to private individuals who are being investigated or tried for crimes.
Q: Is an offence under this section bailable or cognizable?
This section deals with bail, which means that the offence is bailable. However, the court has the discretion to deny bail if it thinks it's necessary.
Common Questions about Section 479 BNSS
What is Section 479 of BNSS?
Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Maximum period for which under trial prisoner can be detained". In plain terms: This section says that a person who is being investigated or tried for a crime can be released on bail if they have been detained for half or one-third of the maximum possible prison time for that crime. If they are a first-time offender, they can be released even earlier. However, the court can decide to keep them detained if it thinks it's necessary.
What is the punishment under Section 479 of BNSS?
Section 479 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 479 of BNSS bailable or non-bailable?
Whether Section 479 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 479 of BNSS?
The essential elements of Section 479 of BNSS are: The person must be detained for an offence under a law that does not specify death or life imprisonment as a punishment.; The person must have undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law.; The person must be a first-time offender (who has never been convicted of any offence in the past) to be released on bond if they have undergone detention for the period extending up to one-third of the maximum period of imprisonment specified for such offence under that law..
What is the IPC equivalent of Section 479 of BNS?
Section 479 of the Bharatiya Nyaya Sanhita (BNS) 2023 corresponds to Section 436A of the old Indian Penal Code (IPC). Bail after half sentence: Extended to undertrials.
⚠️ Material Change: Bail after half sentence: Extended to undertrials.
View Old Law Equivalent →Compare Side-by-Side →Landmark Judgments under Section 479 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 479
Ask Nyaya AI About Section 479
Select a pre-configured prompt to run this section through the grounded research engine.