Question
Consider the following statements regarding bail for
undertrial prisoners under Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023: Statement 1: An undertrial prisoner can be detained indefinitely until trial if convicted under multiple charges. Statement 2: An undertrial prisoner detained for half the maximum imprisonment period for the offence must be released on personal bond. Statement 3: The provision for release after half detention does not apply to offences punishable by death or life imprisonment. Statement 4: For offences punishable with life imprisonment, an undertrial prisoner must be released after serving one-third of the maximum sentence. Which statements are correct?Solution
Section 479 of BNSS, 2023 addresses maximum detention periods and bail provisions for undertrial prisoners. Statement 2 is substantially correct—general principle of release after half detention for ordinary offences. Statement 3 is correct—the section excludes death and life imprisonment offences from the automatic bail provisions. Statement 4 is correct—BNSS provides that first-time offenders with life imprisonment charges get release after one-third detention. Statement 1 is incorrect because Section 479 provides maximum detention limits and mandatory bail provisions to prevent indefinite detention. Statements 2, 3, and 4 are correct.
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