Maximum detention of undertrials

Polity & Governance glossary

Also called: Section 479 BNSS, Section 436A CrPC · Topic: Justice Delivery: Subordinate Courts, Tribunals, Legal Aid and Judicial Reforms · NCERT: Beyond NCERT

Meaning

This rule limits how long an undertrial prisoner can be held. An undertrial is a person kept in jail while their trial is still going on. Under s.479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, which replaced old CrPC s.436A, an undertrial must be released once they have spent half the maximum sentence for their offence in jail. For a first-time offender, the limit is one-third. The rule does not apply to offences punishable with death or life imprisonment. It matters because about three-fourths of India's prisoners are undertrials.

Example

Suppose the maximum sentence for an offence is 6 years. A first-time offender held for 2 years (one-third) without the trial finishing should be released. Another accused in the same case who is not a first-time offender would qualify after 3 years (half).

Don't confuse with

  • Default bail: this is a right to bail when the police fail to file a charge sheet within 60 or 90 days. It depends on the police's delay, not on time already spent in jail.

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