In a significant move to address the plight of undertrial prisoners and alleviate overcrowding in jails, 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).
This provision allows for the release on bail of prisoners who have served considerable periods of detention, particularly focusing on first-time offenders.
The advisory issued by the MHA emphasizes the urgent need for prison authorities to actively apply for bail on behalf of eligible inmates and highlights the importance of utilizing the national E-Prisons portal to identify those who qualify for release.
The MHA also pointed to a financial aid scheme aimed at assisting impoverished prisoners, encouraging states to utilize these resources effectively to mitigate overcrowding in prisons.
In light of ongoing concerns regarding prison conditions, the advisory was directed to Chief Secretaries and heads of prison authorities. It clarifies that under Section 479, individuals who have been detained for up to half the maximum imprisonment period may be released on bail. This period is further reduced to one-third for first-time offenders.
Additionally, the advisory references a recent Supreme Court ruling mandating that these provisions apply retroactively to all undertrials, regardless of when their cases were initiated. This directive compels Superintendents of Prisons to swiftly submit bail applications as eligible prisoners complete their detention terms.
To streamline this process, the MHA has enhanced the national E-Prisons portal, enabling authorities to quickly identify eligible inmates. The advisory reiterates the existence of the "Support to Poor Prisoners" scheme, designed to assist financially disadvantaged individuals in securing bail.
The proactive measures outlined by the MHA aim to alleviate the hardships faced by undertrial prisoners and address the pressing issue of prison overcrowding. The Ministry has called upon states and UTs to actively engage with the new provisions to ensure effective implementation.
According to the advisory, Section 479 (1) of the BNSS, which became effective on July 1, stipulates 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), 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."
Furthermore, a new provision has been added under Section 479 (1), stating, "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) assigns specific responsibilities to the Superintendent of Prisons, stating that where an accused person is detained, they must make an application to the concerned court for the release of such prisoners on bail.
The advisory stresses that the text of Section 479 (3) should be disseminated to all prison authorities, emphasizing that the Superintendent of jail, upon the completion of the designated detention period, must promptly submit a written application to the court for the release of the individual on bail.