The Ministry of Home Affairs (MHA) has issued an advisory to all states and Union Territories (UTs), urging them to implement Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which aims to provide significant relief to undertrial prisoners.
The advisory said that prison authorities must utilize the new provisions to ensure bail for inmates who have served extended detention periods, especially first-time offenders. It highlights the need for close monitoring of eligible inmates through the national E-Prisons portal and recommends states tap into financial aid schemes under the “Support to Poor Prisoners” program to assist those unable to afford bail.
The move comes amid rising concerns over overcrowded prisons and the prolonged detention of undertrial prisoners, many of whom have yet to face trial. Under Section 479, prisoners who have completed half the maximum imprisonment period prescribed for their alleged offence are now eligible for bail. In the case of first-time offenders, this threshold is reduced to one-third of the maximum sentence.
The advisory also underlines the importance of compliance with a recent Supreme Court ruling, which mandates that these provisions apply retroactively, benefiting inmates regardless of when their cases were initiated. The MHA has directed prison superintendents to file bail applications for eligible inmates promptly upon reaching the specified detention periods.
To expedite the process, the E-Prisons portal has been upgraded, helping authorities swiftly identify those eligible for release. The advisory further reminds state authorities of their obligation to apply for bail under Section 479 (3), requiring prison superintendents to take proactive steps to secure the release of prisoners once they meet the eligibility criteria.
Section 479 (1) clarifies that the provision applies to offences that do not carry life imprisonment or the death penalty. It mandates courts to release qualifying inmates on bail. In the case of first-time offenders with no prior convictions, the advisory notes that they are entitled to release on a personal bond if they have served one-third of the maximum sentence.
(Inputs from ANI)
