Supreme Court Fast-Tracks Release of Undertrials

Supreme Court Orders Quick Release of Eligible Undertrials Under BNSS Section 479

In a significant relief for undertrial prisoners, the Supreme Court of India has directed that the applications for bail of eligible undertrials be processed swiftly. This directive came as the court announced the retrospective application of Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which is part of the newly revamped criminal justice system in India.

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Retrospective Application of BNSS Section 479

The BNSS replaced the colonial-era Criminal Procedure Code on July 1, 2024. Under the new law, first-time offenders who have completed one-third of the maximum sentence as undertrials are eligible for bail. This provision, however, excludes those accused of heinous crimes, including those punishable by death or life imprisonment.

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Court’s Directive for Swift Action

A bench comprising Justices Hima Kohli and Sandeep Mehta has ordered jail superintendents across the country to process these applications within three months. The court emphasized the urgency of this action, noting the pressing issue of overcrowded jails.

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Government’s Assurance

The Central Government has assured that the new criminal laws, including BNSS, Bharatiya Nyaya Sanhita, and Bharatiya Sakshya Adhiniyam, will apply to cases registered before their enactment on July 1, 2024.

Future Proceedings

The court has demanded that states file affidavits detailing the number of eligible undertrials and those already released under this provision. The next hearing is scheduled for two months from now, where the progress will be reviewed.

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