New Delhi, Jan 8: The Central Government has instructed all states to release undertrial prisoners who are not facing death sentences or life imprisonment, provided they have served at least half of the maximum sentence for their alleged crime. This move aims to alleviate overcrowding in jails.
In a directive sent to chief secretaries and directors general of prisons across all states, the Ministry of Home Affairs emphasized that prison authorities should seek the release of eligible prisoners through applications to the relevant courts, as mandated by Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
According to Section 479 of the BNSS, if an individual has been detained during the investigation, inquiry, or trial of a non-capital offense and has served up to fifty percent of the maximum imprisonment term for that offense, the court is required to grant bail.
For first-time offenders, the court will release these prisoners on bond after they have served one-third of the maximum imprisonment term associated with their offense. Section 479 (3) of the BNSS specifically requires the Prison Superintendent to apply to the concerned court for the bail or bond release of eligible undertrial prisoners, as stated in the communication.
The Ministry recently issued an advisory on October 16, 2024, urging states and union territories to apply the benefits of Section 479 of the BNSS to all qualifying prisoners and ensure their bail applications are processed accordingly.
Furthermore, during the Constitution Day observance on November 26, 2024, the Home Ministry launched a special campaign asking all states and union territories to identify prisoners eligible for release under Section 479 of the BNSS and submit their applications to the appropriate courts.
Union Home Minister Amit Shah has also reached out to chief ministers of all states and union territories regarding this matter. There has been active participation from the states and union territories, which provided data on the number of prisoners who benefitted from Section 479 of the BNSS up until November 26, 2024.
However, the Ministry clarified that this initiative is not a one-time effort; it is crucial for states and union territories to continuously utilize Section 479 of the BNSS to extend benefits to eligible prisoners.
“States and UTs are asked to submit details as outlined in the attached format for the period from November 27, 2024, to December 31, 2024, as a matter of urgency, followed by monthly reports starting January 1, 2025,” stated the communication.
The Home Minister noted that Section 479 of the BNSS could significantly help reduce the long detention periods faced by undertrial prisoners and address prison overcrowding issues amicably.
“It is expected that all states and UTs will collaborate and guide the relevant prison authorities to take prompt action and provide timely information to the Ministry of Home Affairs,” the communication concluded. (Agencies)
