Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides for grant of bail to an accused…

Section 479(1) of the BNSS (formerly section 436A CrPC) provides for release of an undertrial prisoner who has undergone detention up to one-half of the maximum period of imprisonment specified for the offence; a first-time offender who has never been convicted of any offence is to be released on bond after one-third. The provision does not apply to offences punishable with death or imprisonment for life. The court may continue detention beyond half after hearing the Public Prosecutor and recording reasons, but detention cannot exceed the maximum term. Delay caused by the accused is excluded from the calculation, and section 479(2) bars release where investigation, inquiry or trial in more than one offence or in multiple cases is pending. The Supreme Court’s order of 23 August 2024 directs implementation also for undertrials whose cases were registered before 1 July 2024.