Law · Bharatiya Nagarik Suraksha Sanhita, 2023
Which of the following statements accurately reflects the differences between Section 436A of the Cr.PC and Section 479 of the BNSS regarding the detention of undertrial prisoners?
- 1Both Cr.PC and BNSS completely prohibit bail for undertrial prisoners if the offence is punishable by life imprisonment.
- 2Under Section 479 of BNSS, first-time offenders are released on bail if they have undergone detention for up to one-half of the maximum imprisonment period, whereas Section 436A of Cr.PC does not specify conditions for first-time offenders.
- 3Section 479 of BNSS requires the Superintendent of Jail to apply for the release of an undertrial prisoner on bail after completion of up to one-half (or one-third for first-time offenders) of the maximum imprisonment period, which is a structural procedural addition compared to Cr.PC.✓
- 4Under both Section 436A of Cr.PC and Section 479 of BNSS, the court may release an undertrial prisoner on bail if they have been detained for more than one-third of the maximum imprisonment period.
Correct answer
Section 479 of BNSS requires the Superintendent of Jail to apply for the release of an undertrial prisoner on bail after completion of up to one-half (or one-third for first-time offenders) of the maximum imprisonment period, which is a structural procedural addition compared to Cr.PC.
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