Sec 479 of BNSS will apply retrospectively to undertrials: Centre
Tribune News Service
New Delhi, August 23
Section 479 of the newly enacted Bharatiya Nagarik Suraksha Sanhita (BNSS) which came into force on July 1, 2024 will apply retrospectively to undertrials across India, the Centre told the Supreme Court on Friday.
According to Section 479 of the BNSS, which has replaced Section 436A of the Code of Criminal Procedure, undertrials can be released on bail if they have undergone detention for a period extending up to half the maximum period of imprisonment specified for that offence. But the provision does not apply to those accused of an offence punishable with death penalty or life sentence.
Additional Solicitor General Aishwarya Bhati told a Bench of Justice Hima Kohli and Justice Sandeep Mehta that Section 479 of the BNSS will apply to all undertrials irrespective of the fact that the crime is registered before July 1, 2024.
Taking note of Bhati’s submission, the Bench directed jail superintendents across the country to process applications of undertrials through the courts concerned upon the completion of one-third of the period mentioned in the sub-section of the provision for first-time offenders.
“We therefore direct implementation of Section 479 of the BNSS by calling upon jail superintendent of the jails across countries to process the pleas of the undertrials when they comply with the proviso of this provision. These steps shall be taken as expeditiously as possible preferably within three months. Jail superintendents are required to submit the reports on this,” ordered the top court which has been monitoring the issue of prison overcrowding since October 2021 after taking suo motu cognisance of the issue.
Directing all states and union territories to file an affidavit furnishing the details of the number of undertrials on whom this new provision is applicable, the number of applications made for the benefit of this provision, and the number of persons released under this provision, the Bench posted matter for further hearing after two months.
Senior counsel Gaurav Agrawal, who is assisting the top court as amicus curiae (friend of the court) in the case, had earlier submitted that Section 479 needed to be implemented at the earliest as it will help decongest prisons.
