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Bail & procedure · LEGAL ISSUE GUIDE

Undertrial Detention

विचाराधीन कैदी

Find provisions concerning prolonged detention and potential release under the BNSS.

Understanding this legal issue

Find provisions concerning prolonged detention and potential release under the BNSS.

BNSS Section 479 includes eligibility limits, exceptions and important qualifiers; do not calculate release solely from a sentence maximum without legal review.

Key question: Is the person a first-time offender and do statutory exclusions apply?
SELECTED PROVISIONS · NOT AN EXHAUSTIVE LIST

Core provisions

BNSS 479

Maximum period for which under-trial prisoner can be detained

Addresses specified undertrial detention thresholds and exceptions.

Earlier-law reference: CrPC 436A (material differences) · orientation only
Official law source ↗

Related procedure

BNSS 187

Procedure when investigation cannot be completed in twenty-four hours

Regulates remand and police/judicial custody when investigation is incomplete; key for default-bail analysis.

Earlier-law reference: CrPC 167 · orientation only
Official law source ↗
BNSS 478

In what cases bail to be taken

Bail in bailable-offence cases and relevant statutory qualifications.

Earlier-law reference: CrPC 436 · orientation only
Official law source ↗
BNSS 480

When bail may be taken in case of non-bailable offence

Concerns bail in non-bailable cases, subject to statutory restrictions.

Earlier-law reference: CrPC 437 · orientation only
Official law source ↗

Constitutional rights

Article 21

Protection of life and personal liberty

Protects life and personal liberty, subject to procedure established by law and constitutional interpretation.

Official law source ↗
Article 22

Protection against arrest and detention

Sets out safeguards concerning arrest and detention, subject to constitutional exceptions.

Official law source ↗
Before relying on these references: Read the full official law, check sub-sections, schedules, exemptions, dates, special Acts, transition rules and current judicial interpretation. Mentioning a section here does not mean it applies to every fact pattern.