Section 479 BNSS: the release of such person on bail
Official criminal procedure provision under the Bharatiya Nagarik Suraksha Sanhita, 2023.
Official Statutory Wording (100% Legally Correct)
(1) Where a person has, during the period of investigation, inquiry or trial under this Sanhita of an offence under any law (not being an offence for which the punishment of death or life imprisonment 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 bail: Provided that where such person is a first-time offender (who has never been convicted of any offence in the past) he shall be released on bond by the Court, if he has undergone detention for the period extending up to one-third of the maximum period of imprisonment specified for such offence under that law: Provided further 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 bond instead of his bond: Provided also 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. (2) Notwithstanding anything in sub-section (1), and subject to the third proviso thereof, where an investigation, inquiry or trial in more than one offence or in multiple cases are pending against a person, he shall not be released on bail by the Court. (3) The Superintendent of jail, where the accused person is detained, on completion of one-half or one-third of the period mentioned in sub-section (1), as the case may be, shall forthwith make an application in writing to the Court to proceed under sub-section (1) for
Simplified Legal Summary
This section details the statutory rules, frameworks, and procedures under Section 479 of the BNSS.
Legal Compliance Notice
This content is compiled from the official Gazette of India publication. For active legal actions, petitions, or filings, citizens are advised to cross-reference this clause with their legal advocate under the corresponding Sections of the BNSS 2023.
Frequently Asked Questions (FAQs)
Q: What does BNSS Section 479 cover?
A: Section 479 of the BNSS 2023 deals with: "the release of such person on bail". It is part of India's updated criminal procedure law that replaced the old CrPC 1973, effective July 1, 2024.
Q: Which old CrPC section does BNSS Section 479 replace?
A: BNSS Section 479 ("the release of such person on bail") is part of the BNSS 2023 which replaced the entire CrPC 1973. Many sections were renumbered — use the Law Decoder for exact cross-references.
Q: Does BNSS Section 479 apply across all Indian states?
A: Yes. BNSS 2023 applies to the whole of India except Nagaland and specified tribal areas (per Section 1 BNSS). Section 479 ("the release of such person on bail") follows this national applicability.
Q: When did BNSS Section 479 come into effect?
A: The BNSS 2023 — including Section 479 ("the release of such person on bail") — came into effect on July 1, 2024, by Central Government notification in the Official Gazette.
