Maximum period for which undertrial prisoner can be detained
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Summary
While detained during investigation, inquiry or trial for an offence not punishable by death or life imprisonment, detention equal to one-half of the offence's statutory maximum requires release on bail; for a first-time offender detention of one-third requires release on bond. The court may, after hearing the Public Prosecutor and recording reasons, extend detention or convert bond to bail. Multiple pending offences or cases bar release, and the jail superintendent must apply when those points are reached.
Example
Rohan, a driver, is accused of an offence with a statutory maximum of three years and has been in custody for 18 months during investigation. The court must release him on bail because 18 months equals one-half of the maximum; if Rohan had no prior convictions he would be released on a bond after 12 months (one-third). If he caused delay in proceedings, that delay would not count toward the 18 months.
Bare Act
Enacted text(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.
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