The Supreme Court has, for the first time, retrospectively applied Section 479 of the Bharatiya Nagarik Suraksha Sanhita-2023 (BNSS) in India.
As per Section 479 of BNSS, undertrials may be granted bail if they have been detained for up to one-third the maximum period of imprisonment specified for the offense under that law.
In line with that, the apex court has directed jail superintendents all across the nation to release all the undertrial prisoners who have now finished one-third of the maximum detention period specified under Section 479 of BNSS.
Centre’s submission to Supreme Court
The bench, comprising Justices Hima Kohli and Sandeep Mehta, issued the order after Additional Solicitor General Aishwarya Bhati, appearing for the Centre, told them that section 479 of the BNSS, which replaces section 436A of the Code of Criminal Procedure, will apply to all undertrials irrespective of the fact that the crime is registered before July 1, 2024.
Senior Advocate Gaurav Agrawal, who serves as amicus curiae in the case, had highlighted the urgency of implementing Section 479, noting that it would significantly aid in reducing the strain on the prison system.
The Court acknowledged this submission but focused its directive on ensuring that the retrospective application of the law benefits those currently detained.
Focus on decongesting Indian jails
The directive from the Supreme Court came when the Bench was hearing a public interest litigation (PIL) initiated to address the issue of overcrowding of prisons in India.
This decision is likely to alleviate overcrowding in prisons, with the Court stressing that the process should be completed as quickly as possible, ideally within three months.
The directive comes amid Supreme Court’s ongoing efforts to address the issue of prison overcrowding, a matter the Court has been monitoring since it took suo motu cognisance of the problem in October of 2021.
With inputs from PTI
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Supreme Court orders swift bail for many undertrial first-time offenders in India, here’s why
