The Ministry of Home Affairs (MHA) has urged states and Union Territories (UTs) to implement key provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) aimed at providing relief to undertrial prisoners.
The focus is on Section 479 of the BNSS, which outlines a framework for granting bail to individuals who have served significant periods in detention, particularly first-time offenders.
Under Section 479, prisoners who have already served up to half of the maximum sentence for the offence they are accused of can be released on bail. For first-time offenders, this period is reduced to one-third. This provision is expected to bring relief to thousands of undertrial prisoners, helping to address the serious issue of prison overcrowding.
In an advisory issued by the MHA, prison authorities have been urged to take proactive steps in identifying undertrial prisoners eligible for release under these guidelines.
The Ministry stressed the importance of utilising the national E-Prisons portal, which has been enhanced to assist prison administrators in quickly identifying inmates who qualify for bail under Section 479.
The advisory was issued to Chief Secretaries and heads of prison authorities across the country, urging them to act promptly to ensure the timely release of eligible prisoners.
The Ministry highlighted that prison overcrowding has long been a problem in India, with many undertrial prisoners spending extended periods in detention while awaiting trial. The new guidelines aim to ease this burden while ensuring justice for those who may have already served significant periods behind bars without being convicted.
The advisory emphasised that prison officials must take a proactive role in applying for bail on behalf of eligible prisoners. The MHA outlined that Superintendents of Prisons have the responsibility to submit applications for bail as soon as an inmate completes the necessary detention period. This directive is designed to ensure that the process moves quickly, providing relief to undertrials without unnecessary delays.
Another critical aspect of the advisory is the reminder of the “Support to Poor Prisoners” scheme, which aims to provide financial assistance to undertrials from disadvantaged backgrounds, ensuring they have the resources to secure bail.
The scheme encourages states to use these funds to help reduce the number of people in pre-trial detention who remain incarcerated solely because they cannot afford bail.
The MHA also noted the Supreme Court's recent ruling mandating that the provisions of Section 479 apply retroactively, covering undertrials regardless of when their cases were initiated. This decision means that many individuals currently in detention may now be eligible for bail under the new framework.
To facilitate this process, the national E-Prisons portal has been updated to allow authorities to easily track and monitor the detention periods of undertrial prisoners. The portal will help in identifying those who have completed the necessary time in detention and are thus eligible for release under Section 479.
This technological enhancement is expected to streamline the process and make it easier for prison administrators to comply with the new guidelines.
The advisory also outlines the specific responsibilities of prison authorities under Section 479 (3) of the BNSS.
It directs the Superintendents of Prisons to submit a written application to the court for the release of any prisoner who has completed either one-half or one-third of their detention period, depending on whether they are a first-time offender or not.
The MHA stressed that all prison authorities must be made aware of their obligations under this section to ensure the smooth implementation of the guidelines.
The Ministry's advisory highlights the importance of reducing overcrowding in prisons, a long-standing issue in the country, while ensuring that those who are entitled to bail receive it in a timely manner.
With many prisons operating well over their capacity, the implementation of Section 479 offers a solution that can help alleviate the pressure on the penal system.
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