Section 479 of BNSS : Section 479: Maximum period for which undertrial prisoner can be detained.

Explanation using Example

Example 1:

Ravi, a 25-year-old man, is accused of theft, an offense punishable with a maximum imprisonment of 6 years under Indian law. During the investigation and trial, Ravi has been in jail for 3 years, which is half of the maximum period of imprisonment for theft. According to Section 479 of The Bharatiya Nagarik Suraksha Sanhita 2023, Ravi should be released on bail by the Court since he has already undergone detention for half of the maximum period specified for the offense.

Example 2:

Meera, a 30-year-old woman, is accused of forgery, an offense punishable with a maximum imprisonment of 9 years under Indian law. Meera is a first-time offender and has been in jail for 3 years, which is one-third of the maximum period of imprisonment for forgery. According to the first proviso of Section 479, Meera should be released on bond by the Court since she has undergone detention for one-third of the maximum period specified for the offense and is a first-time offender.

Example 3:

Ajay, a 40-year-old man, is accused of embezzlement, an offense punishable with a maximum imprisonment of 10 years under Indian law. Ajay has been in jail for 5 years, which is half of the maximum period of imprisonment for embezzlement. However, the Public Prosecutor argues that Ajay should remain in detention due to the complexity of the case and potential risk to public safety. The Court, after hearing the Public Prosecutor and recording the reasons in writing, orders the continued detention of Ajay for a period longer than half of the maximum period.

Example 4:

Suresh, a 35-year-old man, is accused of both burglary and fraud, each punishable with a maximum imprisonment of 7 years under Indian law. Suresh has been in jail for 3.5 years, which is half of the maximum period for each offense. However, since there are multiple cases pending against Suresh, according to sub-section (2) of Section 479, he shall not be released on bail by the Court despite having served half of the maximum period for each offense.

Example 5:

The Superintendent of the jail where Priya, a 28-year-old woman accused of assault, is detained, notices that Priya has been in jail for 2 years, which is half of the maximum period of 4 years for the offense. The Superintendent promptly makes an application in writing to the Court, as required by sub-section (3) of Section 479, to proceed with the release of Priya on bail.