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.
Code of Criminal Procedure, 1973
Section 436A
Maximum period for which an under trial prisoner can be detained
⚡ Quick Answer Reference: Section 436A CrPC
- Provision: Section 436A of CrPC
- Act: Code of Criminal Procedure, 1973
- Classification: criminal procedure
- Jurisdiction: India
What does Section 436A of CrPC say?
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Common Questions about Section 436A CrPC
What is Section 436A of CrPC?
Section 436A of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Maximum period for which an under trial prisoner can be detained". The section states: 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 bee...
What is the punishment under Section 436A of CrPC?
Section 436A of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 436A of CrPC bailable or non-bailable?
Whether Section 436A of CrPC is bailable or non-bailable depends on the schedule classification.
What replaced Section 436A of IPC in BNS?
Section 436A of the Indian Penal Code (IPC) was replaced by Section 479 of the Bharatiya Nyaya Sanhita (BNS) 2023. Bail after half sentence: Extended to undertrials.
⚠️ Material Change: Bail after half sentence: Extended to undertrials.
View New Law Equivalent →Compare Side-by-Side →Landmark Judgments under Section 436A CrPC
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)