Time in custody matters.

For families of undertrial prisoners, one important question is whether detention has reached a statutory threshold.

Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides for release by the court on bail after one-half of the maximum imprisonment prescribed for the offence. For a person with no previous conviction, the provision sets a one-third threshold for release on bond.

These thresholds have important qualifications. Offences carrying death or life imprisonment are excluded. Section 479(2) restricts this route where more than one offence or multiple cases are pending. Delay attributable to the accused is excluded from the calculation. The court can order continued detention beyond the halfway point after hearing the prosecutor and recording reasons. Other bail routes may still be available.

The jail superintendent must apply to the court when the applicable threshold is reached. A lawyer should check the custody record, charges, other pending matters and applicable court decisions. Release requires a court order.