BNSS Detention & Bail Calculator

Section 479 BNSS is the successor to Section 436A CrPC. Both provide that an undertrial who has served half the maximum sentence shall be released on bail.

• Applicability: S.479 BNSS applies to offences on/after 1 July 2024. S.436A CrPC applies to earlier offences.
• First offender benefit: S.479(1) BNSS — first-time offender shall be released unless special reasons recorded in writing.
• Excluded offences: S.479 does not apply where death or imprisonment for life is one of the punishments specified for the offence.

No — the accused must apply to the court. The court retains discretion to refuse where trial delay is attributable to the accused, or where special reasons exist (to be recorded in writing).

For first-time offenders (never previously convicted), S.479(1) BNSS first proviso reduces the threshold to one-third of the maximum sentence (instead of one-half), and the court shall release on bond unless special reasons are recorded — a stronger right than under S.436A CrPC.

Based on the maximum punishment for the specific offence — not an average. Examples (offences with no death/life punishment):

• S.318(4) BNS (Cheating) — max 7 years → one-half ≈ 3 years 6 months (1,278 days); one-third ≈ 2 years 4 months for a first-time offender
• S.316(2) BNS (Criminal Breach of Trust) — max 5 years → one-half ≈ 2 years 6 months (913 days)
• S.85 BNS (Cruelty) — max 3 years → one-half ≈ 1 year 6 months (548 days)

Important: offences where death or imprisonment for life is one of the punishments — e.g. murder, rape, attempt to murder, culpable homicide, dacoity — are excluded from S.479; no one-half/one-third benefit applies and the remedy is regular bail u/s 480 BNSS. Detention runs from date of arrest; time spent on bail (if later cancelled) is excluded.

Yes, but only on specific grounds recorded in writing — e.g., trial delay caused by the accused. Courts cannot routinely refuse without reasons. The Supreme Court in Satender Kumar Antil v. CBI (2022) has emphasised liberal grant of S.436A/S.479 bail.

The first proviso to S.479(1) BNSS gives a first-time offender — a person never previously convicted of any offence — release after serving one-third of the maximum sentence (instead of one-half), and the court shall release on bond unless special reasons are recorded in writing.

• A merely pending case or a past acquittal does not remove the benefit — only a prior conviction does.
• The court checks antecedents from records before applying the 1/3 threshold.
• It does not apply where death or life imprisonment is a punishment for the offence (those are excluded from S.479).

No. S.479(2) BNSS bars this relief where investigation, inquiry or trial in more than one offence, or in multiple cases, is pending against the same person. The one-half / one-third release is meant for an undertrial detained in a single matter — not for a person facing several pending cases.

No. S.479 expressly excludes any offence for which death or imprisonment for life is one of the specified punishments. So for offences such as murder (S.103 BNS), rape (S.64 BNS), culpable homicide or dacoity, there is no one-half/one-third release — the remedy is regular bail under S.480 / S.483 BNSS decided on merits.

Yes. S.479(3) BNSS places a duty on the Superintendent of the jail to make a written application to the court for release of an undertrial who has completed the one-half (or one-third, for a first-time offender) detention threshold. It is a new safeguard so eligible prisoners are not overlooked — though the accused/advocate may also move the application independently.

Yes. Although BNSS came into force on 1 July 2024, the Supreme Court in 2024 directed that the benefit of S.479 applies to all undertrial prisoners in pending cases, irrespective of whether the case was registered before or after 1 July 2024, and jail authorities were directed to process eligible undertrials accordingly. (Verify the latest position before filing.)

Under S.187(3) BNSS, police must file chargesheet within:

• 60 days — maximum punishment less than 10 years
• 90 days — maximum punishment 10 years or more / life / death

The period runs from the date of first remand (not arrest). If arrest and remand are on the same date, that date is the starting point.

Under S.187(5) BNSS, the accused becomes entitled to default bail. This right must be claimed before the chargesheet is filed — even one day's delay after filing forfeits the right.

Once properly applied for before chargesheet, the Magistrate must release on furnishing bail bond — no discretion to refuse.

In ordinary BNSS cases, no. The 60-day and 90-day limits are absolute — once the period expires without a chargesheet, the right to default bail under S.187(5) BNSS becomes an indefeasible right that the Magistrate cannot refuse, provided the accused applies before the chargesheet is filed and is willing to furnish bond.

An extended investigation period (up to 180 days) exists only under special statutes such as the UAPA, NDPS Act or MCOCA — and even then only on a report of the Public Prosecutor seeking extension, filed and allowed before the normal period expires. S.187 contains no general power to routinely extend the standard 60/90-day timeline.

Under S.187(2) BNSS the maximum police custody is 15 days, but it may now be taken in one stretch or in parts. The key change from the CrPC: the 15-day police custody can be sought at any time within the initial 40 days (offences on the 60-day track) or initial 60 days (offences on the 90-day track) — not only in the first 15 days after arrest.

• Even after the accused is sent to judicial custody, police may seek the balance of the 15 days within that 40/60-day window if fresh investigation needs it.
• The 40/60-day figure is only the custody window; total pre-chargesheet detention remains 60/90 days.
• The exact interpretation (especially the “ten years or more” threshold) is still being settled by the High Courts and Supreme Court.

Police custody (PC) means the accused is held by the investigating police for interrogation; judicial custody (JC) means the accused is lodged in jail under the court’s authority and the police cannot interrogate without the court’s permission.

• Under S.187(2) BNSS total police custody cannot exceed 15 days (in whole or in parts) within the initial 40/60-day window.
• Thereafter the accused stays in judicial custody until the 60/90-day investigation period ends.
• If the chargesheet is not filed within 60/90 days, the right to default bail under S.187(3) BNSS arises.

Under S.478 BNSS, a person accused of a bailable offence shall be released on bail — the court has no discretion to refuse. If no surety available, the court may release on personal bond (PR bond).

Exception: If the accused is simultaneously detained under another law (e.g. PMLA, NSA), or if non-bailable sections are also charged in the same FIR — the non-bailable provision governs.

The proviso to S.478 BNSS provides that where a person accused of a bailable offence is unable to furnish surety, the officer or court may release the person on a personal bond (own undertaking) instead of insisting on surety. The object is that poverty alone should not keep an undertrial in jail; indigent persons detained for a prolonged period may also seek release on personal bond.

• Regular bail (S.480 BNSS): Court exercises full discretion — can be refused on merits (flight risk, tampering, gravity of offence).
• Default bail (S.187(5) BNSS): Right arising when chargesheet not filed in time — must claim before chargesheet is filed. Cannot be refused once properly applied.
• S.479 BNSS bail: After serving half the maximum sentence — limited court discretion. Mandatory for first-time offenders unless special reasons recorded.

Each operates independently — an accused can claim default bail even if the S.479 half-sentence has not elapsed.

No. This is an informational tool only. Actual bail grant depends on court's assessment of risk, offence nature, accused's conduct, co-accused position, and specific facts. Always consult a qualified advocate before filing any bail application.

Anticipatory bail (pre-arrest bail) is governed by S.482 BNSS (successor to S.438 CrPC). A person apprehending arrest in a non-bailable offence may apply to the Court of Session or the High Court for a direction that, in the event of arrest, they be released on bail.

• BNSS has removed some of the specific guiding factors that S.438 CrPC listed, leaving wider discretion to the court.
• It is not available for certain offences such as gang rape (S.70 BNS) or rape of a girl under twelve (S.65(2) BNS).
• Following Sushila Aggarwal (2020), anticipatory bail need not always be time-bound.

Regular bail in a non-bailable offence is discretionary — under S.480 BNSS (before a Magistrate; successor to S.437 CrPC) and S.483 BNSS (special powers of the Sessions Court / High Court; successor to S.439 CrPC). The court weighs:

• nature and gravity of the offence and severity of punishment;
• reasonable likelihood of absconding or tampering with evidence/witnesses;
• the accused’s antecedents and the stage of investigation/trial;
• parity with any co-accused already granted bail.

A proviso to S.480 allows more liberal consideration for a person under sixteen years, a woman, or a sick or infirm person.