The Ministry of Home Affairs (MHA) has urged all states and Union Territories (UTs) to implement Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) to provide much-needed relief for undertrial prisoners.
Section 479 of the BNSS allows for the release of bail of those prisoners who have served significant periods of detention, particularly first-time offenders.
The advisory highlights the responsibilities of prison authorities to apply for bail and stresses the need for monitoring and utilizing the national E-Prisons portal to identify eligible inmates.
Additionally, it emphasizes a financial aid scheme for poor prisoners, encouraging states to leverage these resources to alleviate overcrowding in prisons.
In the advisory issued on Wednesday, the MHA highlighted concerns over prison overcrowding and the extended detention faced by many individuals awaiting trial.
The advisory, directed to Chief Secretaries and heads of prison authorities, emphasizes that under Section 479, individuals detained for up to half the maximum imprisonment period may be released on bail. For first-time offenders, this period is reduced to one-third.
Moreover, the advisory cites a recent Supreme Court order mandating that these provisions apply retroactively to all undertrials, irrespective of when their cases were filed. This directive requires Superintendents of Prisons to promptly submit bail applications as eligible prisoners complete their detention terms.
To facilitate this process, the MHA has enhanced the national E-Prisons portal, enabling authorities to quickly identify eligible inmates.
The advisory also reminded states of the “Support to Poor Prisoners” scheme, designed to aid financially disadvantaged individuals in securing bail.
The MHA’s proactive measures aim to alleviate the plight of undertrial prisoners and address the ongoing issue of prison overcrowding, urging states and UTs to actively engage with the new provisions for effective implementation.
In this context, the advisory states that Section 479 (1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which has come into force with effect from July 1 this year, provides that “where a person has, during the period of investigation, inquiry or trial under this Sanhita of an offence under any law (not being an offence for which the punishment of death or life imprisonment 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 bail.”
As per the advisory, a new proviso has been added under Section 479 (1) of the BNSS, which reads, “Provided that where such person is a first-time offender (who has never been convicted of any offence in the past) he shall be released on bond by the court if he has undergone detention for the period extending up to one-third of the maximum period of imprisonment specified for such offence under that law.”
Section 479 (3) of the BNSS casts a specific responsibility upon the Superintendent of Prisons, reads the advisory, “where the accused person is detained, to make an application to the concerned court for release of such prisoners on bail.”
Advisory stresses that the text of Section 479 (3) should be disseminated for the information and attention of all prison authorities.
It points that the Superintendent of jail, where the accused person is detained, on completion of one-half or one-third of the period mentioned in subsection (1), as the case may be, shall forthwith make an application in writing to the court to proceed under sub-section (1) for the release of such person on bail.
