CrPC to BNSS
CrPC Section 436A in BNSS: Section 479
Section 436A of the Code of Criminal Procedure, 1973 (Maximum period for which an undertrial prisoner can be detained) corresponds to Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Last updated 9 October 2026
CrPC 436A and BNSS 479 at a glance
| CrPC (old) | BNSS (new) | |
|---|---|---|
| Section | 436A | 479 |
| Heading | Maximum period for which an undertrial prisoner can be detained | Maximum period for which undertrial prisoner can be detained |
| Mapping | Partial equivalent | |
What CrPC Section 436A covered
Entitles an undertrial prisoner who has been detained for up to one-half of the maximum imprisonment specified for the offence to be released on bond, except where death is one of the punishments.
What changed in BNSS Section 479
BNSS Section 479 adds a more generous rule for a first-time offender, who is to be released on bond after serving one-third of the maximum term. It also narrows the benefit: it does not apply to offences punishable with death or life imprisonment, or where investigation, inquiry or trial in more than one offence or in multiple cases is pending against the person. The jail superintendent must apply to the court when the period is completed.
Which law applies: CrPC or BNSS?
The BNSS came into force on 1 July 2024. Under Section 531 of the BNSS, an appeal, application, trial, inquiry or investigation that was pending immediately before that date is to be disposed of, continued, held or made under the CrPC as if the BNSS had not come into force. Courts have had to decide how this applies to cases that straddle the date, so check current case law for your facts.
Read the full text of both provisions before you cite them. The official bare acts are published on India Code.
CrPC 436A: common questions
What is the new section for CrPC 436A?
CrPC Section 436A (Maximum period for which an undertrial prisoner can be detained) corresponds to Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
What changed between CrPC 436A and BNSS 479?
BNSS Section 479 adds a more generous rule for a first-time offender, who is to be released on bond after serving one-third of the maximum term. It also narrows the benefit: it does not apply to offences punishable with death or life imprisonment, or where investigation, inquiry or trial in more than one offence or in multiple cases is pending against the person. The jail superintendent must apply to the court when the period is completed.
Does CrPC Section 436A still apply to older cases?
The BNSS came into force on 1 July 2024. Under Section 531 of the BNSS, an appeal, application, trial, inquiry or investigation that was pending immediately before that date is to be disposed of, continued, held or made under the CrPC as if the BNSS had not come into force. Courts have had to decide how this applies to cases that straddle the date, so check current case law for your facts.
Related CrPC sections
- CrPC 437 to BNSS 480 · Regular bail
- CrPC 438 to BNSS 482 · Anticipatory bail
- CrPC 439 to BNSS 483 · Bail by Sessions or High Court
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Not legal advice. This comparison is a research starting point. A mapped section is not proof that two provisions are identical. Read both bare acts, check commencement and any later amendment, and have a qualified advocate review anything you intend to rely on. Settl is not a law firm.