What is Section 436A of the Code of Criminal Procedure (CrPC)?

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What is Section 436A of the Code of Criminal Procedure (CrPC)? Blog Image

Overview:

The Supreme Court (SC) recently reiterated that the benefit of Section 436A of the Code of Criminal Procedure (CrPC) is also applicable to those accused of money laundering.

About Section 436A of the CrPC:

  • It was introduced in the CrPC, 1973, vide an amendment in 2005. 
  • As per Section 436A CrPC, a person who has spent one half of the maximum period of the prescribed sentence as an under trial shall be released on bail. 
  • It states that where a person has, during the period of investigation, inquiry, or trial under the CrPC, 1973, 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 Prosecutorand for reasons to berecorded 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 persons hall, 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.
  • 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.

The Supreme Court (SC) held that Section 436A would apply to the Special Actsalso in the absence of any specific provision.


Source: PMLA accused who has spent half of maximum sentence as undertrial can be given bail: SC