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The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024.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.
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
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Suhas Chakma v. Union of India & Ors.
Access to free and timely legal aid for prison inmates.
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Manish Sisodia v. Directorate of Enforcement
Appellant was incarcerated for around 17 months, trial yet to commence. Bail denied. Whether the trial court and the High Court correctly considered the observations made by this Court with regard to right to speedy…
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Satyendar Kumar Jain v. Directorate of Enforcement
Whether the appellants have been able to satisfy the twin conditions laid down in s. 45 of the Prevention of Money Laundering Act, 2002, that there are reasonable grounds for believing that the persons accused of the…
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Tarun Kumar v. Assistant Director Directorate
Appellant was arrested on the fourth supplementary complaint filed u/ss.44, 45, Prevention of Money Laundering Act, 2002, in continuation of three complaints in the Complaint Case, for the commission of the offence of…
- Vijay Madanlal Choudhary & Ors. v. Union of India & Ors.
- Satender Kumar Antil v. Central Bureau of Investigation & Anr.
- Re-Inhuman Conditions in 1382 Prisons v. .
- Krishanakant Tamrakar v. The State of Madhya Pradesh
- Hussain and Anr. v. Union of Lndia
- Pramod Kumar Saxena v. Union of !Noia & Ors.