A person who has been accused of an offence and is in custody pending trial. Section 479 of the BNSS (erstwhile Section 436A of CrPC) provides for bail to undertrials who have served half the maximum period of imprisonment for the alleged offence. For cheque bounce (NI Act Section 138) accused, maximum imprisonment is 2 years, so bail under S.479 BNSS may be sought after 1 year.
Need Expert Advice on Undertrial?
For specific advice on how Undertrial applies to your debt recovery matter, consult Advocate Subodh Bajpai — LLM, MBA (XLRI Jamshedpur). 25+ years of exclusive banking and debt recovery practice across DRT, SARFAESI, IBC, and NI Act.
Defined by Advocate Subodh Bajpai, Senior Partner, Unified Chambers and Associates