The Union Home Ministry has asked all states to take steps, including implementing a specific provision of the Indian Civil Security Code (BNSS) 2023, to provide relief to undertrial prisoners and reduce overcrowding in jails.
The Home Ministry has said in a letter sent to the states that the issue of overcrowding in jails, especially the large number of undertrial prisoners, has been a matter of concern for the government.
The ministry said several major steps are being taken to address the issue of prolonged detention and plight of undertrial prisoners, including financial assistance to states and union territories to provide relief to such prisoners seeking release from jails. Providing assistance is also included. The ministry said that Section 479 (1) of BNSS, which has come into force from July 1, 2024.
Section 479 (1) will give relief to undertrial prisoners in this way
According to Section 79, if an undertrial prisoner has been detained for half the maximum period of imprisonment prescribed for his offense under the law, he will be released on bail by the court. However, this relief is not available in case of maximum punishment of death penalty or life imprisonment.
A new provision has been added under section 479 (1) of BNSS. Which reads as follows: 'Provided that where such person is a first-time offender (who has never been convicted of any offense in the past) he shall be released by the Court on bond if he is convicted of such offense under that law Has been in custody for a period not exceeding one-third of the maximum period of imprisonment specified for.
Under Section 479 (3) of the BNSS, a specific responsibility has been cast on the Jail Superintendent of the place where the accused person is lodged to apply to the concerned court for the release of such prisoners on bail.
The Court has directed the Jail Superintendents across the country that wherever the accused persons are lodged as undertrial prisoners, they should be released on bail only after completion of half or one third of the period mentioned in sub-section (1) of Section 479. The application should be submitted in the concerned courts.
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