Benefit Of First Proviso To Section 479 BNSS Cannot Be Applied Retrospectively To Convicted Prisoners: Kerala High Court

The Kerala High Court recently held that the benefit of Section 479 of BNSS, particularly the first proviso thereof, cannot be applied retrospectively to convicted prisoners.For context, Section 479 BNSS deals with the maximum period of time for which a undertrial prisoner can be detained. The first proviso stipulates that a first-time offender shall be released on bond if he has undergone detention for the period extending up to one-third of the maximum period of imprisonment specified for the offence alleged.The instant application was moved by a person convicted under Section 20(b)(ii)C of the NDPS Act, seeking suspension of his sentence. He was sentenced to undergo rigorous imprisonment for 10 years. He submitted before the Court that he was a first-time offender and he had already served nearly four and a half years of his sentence. He pleaded before the Court to suspend his sentence as per the first proviso of Section 479 of BNSS.However, the Public Prosecutor opposed this application saying that the provision is applicable only to undertrial prisoners and cannot be extended to convict prisoners.The Court noted that the alleged crime was committed much before BNSS came into effect.Justice C. S. Sudha noted that the Supreme Court by an order in the case of Re-Inhuman Conditions in 1382 Prisons has made Section 479 retrospectively applicable to undertrials in cases registered before July 1, 2024. The High Court said that the Apex Court has not given the benefit of the Section to convicted prisoners. Thus at this stage, Court said it cannot extend the benefit to convicts.“The Apex Court as per the aforesaid order has extended the benefit of the first proviso to Section 479 BNSS with retrospective effect only to under-trial prisoners. When the Apex Court is presently seized of the matter and is monitoring implementation of Section 479 BNSS, propriety demands that this Court refrain from interpreting and passing orders regarding its applicability to convicted prisoners retrospectively.”Accordingly, the application was dismissed.Case Title: Arunkumar v State of KeralaCitation: 2025 LiveLaw (Ker) 72Case No: Crl.A 1042 of 2023Click Here To Read/ Download Order

Benefit Of First Proviso To Section 479 BNSS Cannot Be Applied Retrospectively To Convicted Prisoners: Kerala High Court

Manju Elsa Isac

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