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Code of Criminal Procedure, 1973 · Chapter XXXIII: Provisions As to Bail and Bonds

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

The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.

Now in the BNSS section 479 (Maximum period for which under-trial 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 1. Subs. by Act 25 of 2005, s. 35, for certain words (w.e.f. 23-6-2006). 2. Ins. by s. 35, ibid. (w.e.f. 23-6-2006). 3. Ins. by Act 63 of 1980, s. 4 (w.e.f. 23-9-1980). 4. Ins. by Act 25 of 2005, s. 36 (w.e.f. 23-6-2006).

passed due to delay in proceeding caused by the accused shall be excluded.]

Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.

Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the section 436A