This automatic release rule applies to every undertrial, no matter the offence.

It does not apply to offences where death or life imprisonment is a possible punishment, and it does not apply if the person has more than one offence or case pending against them.

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 479

Maximum period for which under trial prisoner can be detained

(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 the release of such person on bail.§

Why this exists

This section, built on the earlier CrPC Section 436A, directly tackles the problem of undertrials spending years in jail without ever being convicted — sometimes longer than they would have served even if found guilty. It puts a firm statutory cap on pre-trial detention and shifts responsibility onto jail authorities to proactively flag eligible prisoners, rather than leaving it entirely to under-resourced or unaware prisoners to seek release themselves.

How courts read it

The Supreme Court has treated this kind of statutory cap on undertrial detention (as under the earlier Section 436A of the CrPC) as a vital safeguard against prolonged incarceration without trial, repeatedly directing jails and courts to identify and release eligible undertrials on their own initiative, and emphasizing that the right to a speedy trial and personal liberty under Article 21 requires strict, proactive compliance with such provisions.

Common misconceptions

Myth: This automatic release rule applies to every undertrial, no matter the offence.
Fact: It does not apply to offences where death or life imprisonment is a possible punishment, and it does not apply if the person has more than one offence or case pending against them.