Insertion of new section 436A

In force Act 25 of 2005 As on 18 Oct 2026

Read from the scanned gazette. India Code publishes no text for this Act, so the text below was read from the Government's own scan by machine and split into sections by its numbering. It has not been checked against the page word by word. Where it matters, read the scan. Read the scan.

Act 25 of 2005

Read from the scanned gazette. India Code publishes no text for this Act, so this text was read from the Government's own scan by machine and split into sections by its numbering. It has not been checked against the page word by word. Where it matters, read the scan. Read the scan.

Section 36 of the Code of Criminal Procedure (Amendment) Act, 2005 deals with insertion of new section 436A. After section 436 of the principal Act, the following section shall be inserted, namely: "436A.

After section 436 of the principal Act, the following section shall be inserted, namely: "436A. Maximum period for which an undertrial prisoner can be detained .- Where a person has, during the period of investigation, inquiry or trial under this Code 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 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 instead of the personal bond with or without sureties:
Provided further 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.".
Section 36, The Code of Criminal Procedure (Amendment) Act, 2005 (Act 25 of 2005).

Questions about Section 36

What does Section 36 of the Code of Criminal Procedure (Amendment) Act deal with?

Section 36 of the Code of Criminal Procedure (Amendment) Act is headed "Insertion of new section 436A". After section 436 of the principal Act, the following section shall be inserted, namely: "436A.

How do I find court cases under Section 36 of the Code of Criminal Procedure (Amendment) Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Code of Criminal Procedure (Amendment) Act 36, section 36 Code of Criminal Procedure (Amendment) Act, section 36 of the Code of Criminal Procedure (Amendment) Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

When was the Code of Criminal Procedure (Amendment) Act enacted?

Code of Criminal Procedure (Amendment) Act was enacted in 2005 as Act 25 of 2005. India Code records no commencement date for it. It is in force as at the date shown on this page.

Other sections of this Act

44. Amendment of Act 45 of 1860417 words
17. Insertion of new section 164A406 words
42. Amendment of the First Schedule400 words
38. Amendment of section 438350 words
9. Insertion of new section 53A331 words
16. Insertion of new section 144A331 words

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/12a40b28-0c51-4285-a8b7-5a48d70276fd.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/ebef74e3-67af-4822-83b5-0b93608b4677/content). This page is not a substitute for legal advice.