Section 479 BNSS Explained: How It Replaces Section 436A CRPC for Undertrial Prisoners

Section 479 BNSS Explained: How It Replaces Section 436A CRPC for Undertrial Prisoners

In this detailed video, we break down Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023—the new provision that has replaced Section 436A of the old CrPC—and how it changes the rules for undertrial prisoners' release on bail in India. Key highlights covered: 1. The shift from half (1/2) to one-third (1/3) of the maximum sentence for first-time offenders (a major relief) 2. Why offences punishable with death or life imprisonment are now completely excluded (unlike under CrPC) 3. The strict new rule under BNSS 479(2): No bail if multiple cases or offences are pending against the person 4. Maximum detention cap — no one can be held longer than the maximum sentence of the offence 5. Role of jail superintendent in processing applications (as directed by Supreme Court) 6. Impact on prison overcrowding and undertrial rights under Article 21 7. Pros, cons, and real-world implications of these reforms #newcriminallaws #bnss2023 #supremecourt #article21