NEW DELHI: The home ministry has asked all the states and Union territories to release prisoners eligible for relief under Section 479(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — which allows freeing of a prisoner who has completed one-half of the maximum jail term for his offence, with certain exceptions — on a continuous basis.
Stating that the exercise initiated in this regard by the ministry of home affairs (MHA) ahead of the Constitution Day on November 26 last year, was not a one-time affair, the ministry in a letter sent on Monday to chief secretaries/administrators/prison heads of all states and UTs said that the benefit of Section 479 should be extended to all eligible prisoners on a rolling basis.
“It is reiterated that the provisions of Section 479 of BNSS can go a long way in mitigating the situation of long detention faced by undertrial prisoners and can also address the issue of overcrowding in prisons. It is, therefore, expected that all states and UTs will cooperate in the matter and will advise the concerned prison authorities for taking necessary action in the matter and to furnish the desired information to MHA in a timely manner,” said MHA.
The home ministry requested the states and UTs to provide details of eligible prisoners for the period 27.11.2024 to 31.12.2024 on an urgent basis, and thereafter furnish a monthly report, even a NIL report, to the ministry starting May 1, 2025.
Section 479(3) provides that if a person, during investigation, enquiry or trial under an offence (not being an offence for which the punishment of death or life imprisonment has been specified as one of the punishments under that law), has undergone detention for a period of one-half of the maximum period of imprisonment specified for that offence, he shall be released by the court on bail. In case of first-time offenders, such prisoners shall be released on bond by the court, if they have undergone detention for a period extending up to one-third of the maximum period of imprisonment for that offence.
The Superintendent of the Prison must make an application to the concerned court for release of aforementioned undertrial prisoners on bail/bond.
