Code of Criminal Procedure, 1973
CrPC Section 436A in BNSS
Maximum period for which undertrial prisoner can be detained. Section 436A of the Code of Criminal Procedure, 1973 (Maximum period for which undertrial prisoner can be detained) corresponds to Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Verify before you rely on this. Renumbering under the 2023 codes is not a clean one-to-one exercise — provisions were merged, split and reworded. Always check the printed bare act.
Where this sits in the exam
This provision is examined under CrPC & Bharatiya Nagarik Suraksha Sanhita, worth 10 of the 100 marks in AIBE XXII. The paper permits bare acts but bans notes, so what matters is finding it quickly, not reciting the number.
Questions that turn on this section
An undertrial prisoner who has undergone detention for one-half of the maximum period of imprisonment specified for the offence:
Answer & explanation
Shall ordinarily be released on his own bond by the court
The provision does not apply to offences punishable with death. The BNSS makes the release for first-time offenders available at one-third of the maximum period.
A is arrested for an offence punishable with a maximum of three years. He has been in custody as an undertrial for eighteen months. He is not a repeat offender and the trial is not near conclusion. Which is correct under the BNSS?
Answer & explanation
He shall ordinarily be released on bond, having served more than a third of the maximum
§ 479 BNSS lowered the threshold for a first-time offender to one-third of the maximum, from one-half under § 436A CrPC.
Sections either side of it
How the neighbouring provisions of the Code of Criminal Procedure, 1973 were renumbered:
| CrPC | Provision | BNSS |
|---|---|---|
| 432 | Power to suspend or remit sentences | 473 |
| 433 | Power to commute sentence | 474 |
| 436 | In what cases bail to be taken | 478 |
| 437 | When bail may be taken in case of non-bailable offence | 480 |
| 438 | Direction for grant of bail to person apprehending arrest | 482 |
| 439 | Special powers of High Court or Court of Session regarding bail | 483 |
Practise it
Cutoff has AIBE XXII questions on this area, each cited to both codes with a line telling you where to find it in the bare act. Ten questions per subject are free, no account needed.
Practise free Full CrPC→BNSS table