Recently, the Supreme Court addressed the application of Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), regarding the release of undertrial prisoners who have faced prolonged incarceration. The Court emphasized the need for a proactive approach by stakeholders, particularly in identifying eligible undertrials and facilitating their release through the provisions of the BNSS. The Court also expressed concerns over the lack of responses from certain States and Union territories, urging them to take immediate action.
The matter pertains to Section 479 of the BNSS, which outlines the maximum period for which undertrial prisoners can be detained during investigation, inquiry, or trial. The section provides that undertrials, who are not charged with heinous offenses like death or life imprisonment, are entitled to be released on bail after serving up to half of the maximum period of imprisonment for the offence they are charged with. For first-time offenders, the period is reduced to one-third of the maximum sentence. The court had earlier directed that these provisions be applied to all undertrials, irrespective of the date when their cases were registered.
The Counsel for the petitioner had highlighted the beneficial provisions of Section 479 stressing that the identification of deserving undertrials should be thorough and accurate. The Counsel also emphasised the necessity for the District Legal Services Authorities (DLSAs) and Jail Superintendents to coordinate effectively to ensure that all eligible undertrials are identified and released promptly. Whereas, the respondents, including counsel for various States and Union Territories, responded that they had begun efforts to comply with the court's directive. However, some States, notably Uttar Pradesh, Bihar, Tripura, and Goa, had not filed responses, indicating a lack of urgency in implementing the provisions of Section 479.
The Apex Court directed all States and Union Territories to submit reports in a standardized format. The reports must include specific details such as the prison name, prisoner’s name (with father's or husband's name), crime number and applicable sections, date of admission, maximum sentence, total time spent in prison (including transfers), date of application submission to the Court, dates of referral from prison to the District Legal Services Authority (DLSA), and from DLSA to the Court, along with the date of release.
The Court acknowledged the responses from most States and Union Territories, especially recognizing the cooperation of the West Bengal and Uttar Pradesh Legal Services Authorities. However, it expressed concern over the non-compliance of certain States, particularly those that failed to file responses despite earlier communications. The Court stressed that the release process must be prompt and continuous, and special focus should be placed on identifying eligible undertrials, particularly women prisoners, for release under the provisions of Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The Court noted that " the provisions of Section 479 of the BNSS are gender neutral, it is also necessary for this Court to say that special efforts should be made to identify women prisoners who are entitled to release under the beneficial provision. The concerned Jail Superintendents where the women prisoners are lodged should therefore pay personal attention to the female prisoners, who might have become eligible for the release benefits, under Section 479 of the BNSS".The Court further observed that the failure to implement the provisions effectively reflects a lax approach, potentially depriving deserving undertrials of their legal entitlement to release. The court called for clarity in the reports filed by the stakeholders, urging them to follow a structured format for tracking the progress of each case.
The Top Court directed all States and Union Territories that had not responded to the earlier order to file their responses within two weeks. It was further ordered that the authorities ensure the accurate and efficient identification of eligible undertrials and take prompt action to release them under the provision of Section 479 of the BNSS. The matter was listed for further hearing on 10.12.2024.
Coram: Justice Hrishikesh Roy, Justice S.V.N. Bhatti
Citation: Writ Petition(s)(Civil) No(s).406/2013
Picture Source :
