On Friday, the Centre informed the Supreme Court that Section 479 of the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS), which replaces the Code of Criminal Procedure, will be applied to all undertrials in pending cases registered before July 1.
The Supreme Court noted that Section 479 of BNSS will have a retrospective effect, impacting undertrials nationwide. Additional Solicitor General Aishwarya Bhati, representing the Centre, confirmed that this section would apply to cases registered before July 1, 2024.
During the previous hearing, Senior Advocate Gaurav Agrawal, Amicus Curiae, highlighted concerns regarding Section 479. He pointed out that the section stipulates the maximum detention period for undertrial prisoners and emphasised the importance of releasing first-time offenders on bond if they have served up to one-third of the maximum imprisonment period specified for their offence. This, he argued, would help alleviate prison overcrowding.
The court was addressing a suo moto petition concerning prison overcrowding. On Friday, the Supreme Court directed jail superintendents across the country to process applications for release from first-time undertrials who have completed one-third of the detention period as specified by Section 479.
This directive aims to manage and reduce overcrowding in prisons while ensuring that legal provisions are adhered to. The implementation of Section 479 is seen as a step towards addressing the issue of overburdened prison systems and ensuring fair treatment of undertrials.
Follow us
