NEW DELHI: The ministry of home affairs instructed all states and union territories to enact Section 479 of the Bharatiya Nagaraik Suraksha Sanhita, 2023 (BNSS). This section provides relief to undertrial prisoners by aiming to reduce number of people held in jail awaiting trial.
The ministry sent a letter on 1st January to state and territory leaders, as well as prison officials, asking them to follow Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) of 2023.
This law allows for the release of undertrial prisoners who have served a portion of their potential sentence. First-time offenders can be released on bond after serving one-third of their maximum possible sentence. Other undertrial prisoners are eligible for bail after serving half of their potential maximum sentence.
The law also requires prison superintendents to apply to the courts for the release of these eligible prisoners.
The government wants updates on the implementation of this law starting January 1st. They’ve requested data on the number of eligible prisoners, applications filed, and releases granted. The ministry believes this law can significantly reduce prolonged detention and overcrowding in prisons.
The ministry stated, “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.”
This is not the first time the government has pushed for this law’s implementation. An advisory was issued in October, and a special campaign was launched in November. The government says states and territories actively participated, providing data on the number of prisoners released under this provision.
