Supreme Court Allows Benefit Of Section 479 BNSS To Undertrials In Cases Registered Before July 1, 2024

In a significant development, the Supreme Court today (on August 23) held that Section 479 of Bharatiya Nagarik Suraksha Sanhita (BNSS) - the replacement of the Code of Criminal Procedure- would apply retrospectively to the undertrials across the country. It means that the provision will apply to all undertrials in cases was registered before July 1, 2024.As per Section 479 BNSS, undertrials can be released on bail if they have undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law.The proviso to Section 479 BNSS introduces a new relaxation for first-time offenders (who have never been convicted of any offence in the past). As per the proviso, they shall be released if he/she has undergone detention for the period extending up to one-third of the maximum period prescribed for that offence. Comparatively, the time prescribed under the corresponding provision of the Code of Criminal Procedure, Section 436A CrPC, was one-half of the maximum period. To this effect, the Bench of Justices Hima Kohli and Sandeep Mehta called upon the superintendent of jails across the Country, where the accused persons are detained, to process their applications through the concerned courts upon the completion of the maximum period of detention. The order added that the steps shall be taken as expeditiously as possible and preferably within three months. The Bench was hearing a public interest litigation (PIL) initiated to address the issue of overcrowding of prisons in India. Previously, Senior Advocate Gaurav Aggarwal had submitted that if the said provision is to be implemented in letter and spirit, it will help in addressing the overcrowding in prisons. Against this backdrop, the Court asked whether the Act would have retrospective effect. Additional Solicitor General Aishwarya Bhati had requested for some time from the Court. Thus, the matter was adjourned and was listed today. At the commencement of today's proceedings, ASG submitted “I am happy to report that Union of India is also of the view that the provisions has to be given full effect to…It has to apply to any undertrial who has completed upto one-third of the imprisonment and must be considered accordingly.” Taking account of this submission, the Court ordered: “In that view, it is deemed appropriate to direct the implementation of Section 479 of BNSS by calling upon the superintendent of jails across the Country where the accused persons are detained to process their applications through the concerned courts upon their completion of one-half/ one-third of the period mentioned in sub-section (1) of the provision for their release on bail. The said steps shall be taken as expeditiously as possible and preferably within three months.”The report has to be submitted by the Superintendent to the heads of their department within the same timeline for a comprehensive affidavit to be filed by each State and UT. Case Title: Re-Inhuman Conditions In 1382 Prisons v. Director General of Prisons and Correctional Services and Ors., W.P.(C) No. 406/2013Citation : 2024 LiveLaw (SC) 632Click Here To Read/Download Order

Supreme Court Allows Benefit Of Section 479 BNSS To Undertrials In Cases Registered Before July 1, 2024

Gyanvi Khanna

Tags