CrPC Section 436A: Maximum period for which an under trial prisoner can be detained
Code of Criminal Procedure, 1973 · Chapter 33: Provisions as - bail and bonds
Repealed on 1 July 2024 and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
¶ *[436A. Maximum period for which an under trial prisoner can be detained.- 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 passed due to delay in proceeding caused by the accused shall be excluded.]
¶*[Inserted by Code of Criminal Procedure (Amendment) Act, 2005]
Study: explanations and related material
Now BNSS 479 (corresponding section). CrPC → BNSS converterSource: BPR&D BNSS–CrPC corresponding section table (UP Police, 2024-07-03), p24
Official reference: Ministry of Home Affairs: historical CrPC reference — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-06-30.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately. Section 135 was restored and individually checked against the linked government PDF (pages 75–76) on 2026-10-02; this is not a verification of the whole collection. Schedules and forms are not consolidated here. Historical code retained for reference; read the repeal/savings provisions in the successor code.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 436. In what cases bail to be taken
- 437. When bail may be taken in case of non-bailable offence
- 437A. Bail to require accused to appear before next appellate Court
- 438. Direction for grant of bail to person apprehending arrest
- 439. Special powers of High Court or Court of Session regarding bail
- 440. Amount of bond and reduction thereof
- 441. Bond of accused and sureties
- 441A. Declaration by sureties
- 442. Discharge from custody
- 443. Power to order sufficient bail when that first taken is insufficient
- 444. Discharge of sureties
- 445. Deposit instead of recognizance
- 446. Procedure when bond has been forfeited
- 446A. Cancellation of bond and bail bond
- 447. Procedure in case of insolvency or death of surety or when a bond is forfeited
- 448. Bond required from minor
- 449. Appeal from orders under section 446
- 450. Power to direct levy of amount due on certain recognizances