Requires the Superintendent of Jail to proactively apply for bail on behalf of an undertrial prisoner who has served one-third of the maximum possible sentence for their offence (for first-time offenders), or one-half for others — except in cases punishable by death or life imprisonment.
- This is meant to stop people from spending longer awaiting trial than they might have actually been sentenced to serve.
- The jail is supposed to initiate this application itself, not just wait for the prisoner to ask.
An important protection against indefinite pre-trial detention, especially for first-time offenders.
Related law
The custody-duration rules this provision works alongside
Keep exploring
Police Custody & Judicial Custody Limits
Police custody isn't unlimited, and courts are actively narrowing how the extended window can be used — worth knowing if you or someone you know is in this situation.
Bail in Non-Bailable Offences
This is where a lawyer's role matters most — arguing for bail based on the specific facts of the case.
This is a plain-English summary, not verbatim statutory text. Adhikar is an independent citizen-awareness platform, not a Government of India website. Always verify against the bare Act (legislative.gov.in) or a qualified advocate before relying on this for an actual legal situation.