1[436A. Maximum period for which an undertrial prisoner can be detained.-
Where a person has, during the period of investigation, inquiry or trial under this Code of an offence under any law (not being an offence for which the punishment of death 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 his personal bond with or without sureties:
Provided 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 instead of the personal bond with or without sureties:
Provided further 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.]
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1. Ins. by Act 25 of 2005, s. 36 (w.e.f. 23-6-2006).
Code of Criminal Procedure (CrPC)
431 CrPC Money ordered to be paid recoverable as a fine
432 CrPC Power to suspend or remit sentences
433 CrPC Power to commute sentence
433A CrPC Restriction on powers of remission or commutation in certain cases
434 CrPC Concurrent power of Central Government in case of death sentences
435 CrPC State Government to act after consultation with Central Government in certain cases
436 CrPC In what cases bail to be taken
436A CrPC Maximum period for which an undertrial prisoner can be detained
437 CrPC When bail may be taken in case of non-bailable offence
437A CrPC Bail to require accused to appear before next appellate Court
438 CrPC Direction for grant of bail to person apprehending arrest
439 CrPC Special powers of High Court or Court of Session regarding bail