Section 479 BNSS on bail for first-time offenders applies retrospectively: Centre to Supreme Court

The Central Government on Friday informed the Supreme Court that Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which allows courts to grant bail to first-time offenders who have undergone a third of the maximum period of imprisonment prescribed, would apply retrospectively [In Re: Inhuman Conditions in 1382 Prisons]..Section 479 of the BNSS provides for the release of undertrials who have been behind bars for many years with no end in sight for the trial. However, it does not extend this benefit to those who are accused of an offence for which the prescribed punishment is death or life sentence.Earlier, Section 436A of the now-repealed Code of Criminal Procedure (CrPC) provided for the release of undertrial prisoners after they have spent one-half of the maximum period of imprisonment.However, Section 479 of the BNSS, which replaced CrPC, has said that if first time offenders have remained in jail for one-third of the maximum sentence, they can be released on bail. .A Bench of Justices Hima Kohli and Sandeep Mehta had earlier asked if this provision would apply to undertrial prisoners arrested before July 1, 2024 (when the BNSS came into force). Additional Solicitor General Aishwarya Bhati, appearing for the Union of India (UOI), today confirmed that Section 479 BNSS would apply to all undertrial prisoners, irrespective of when the case was registered. "On the last date of hearing, Amicus Gaurav Aggarwal had submitted that Section 479 of BNSS that allows grant of bail to first time undertrials. The attention of this court was drawn to the first proviso of Section 479. Having regard to the fact that the substituted provision of Section 436A CrPC was more beneficial where the period undergone was mentioned as 1/2rd of the maximum sentence undergone, this new provision provided for 1/3rd of the maximum sentence We had sought clarification from ASG Bhati regarding applicability of this new provision of Section 479 BNSS. Ms. Bhati submitted that instructions have been obtained from concerned ministry that Section 479 will be applicable on all undertrials irrespective of whether cases were registered before July 1," the Court observed in its order..The Court has granted three months time to ensure the proper implementation of this provision."We therefore direct implementation of Section 479 BNSS by calling upon Jail Superintendent of the jails across countries to process the pleas of the undertrials when they comply with the proviso of this provision. These steps shall be taken as expeditiously as possible preferably within 3 months. Jail Superintendent are required to submit the reports on this," the Court ordered.The Court also directed all the States/Union Territories (UTs) to file an affidavit furnishing the details of the number of undertrials on whom this new provision is applicable, the number of applications made for the benefit of this provision, and the number of persons released under this provision.The matter will be heard again after two months..The Court was hearing a suo motu plea regarding overcrowding and inhumane conditions in Indian prisons and jail complexes.It had earlier taken exception to the lackadaisical attitude of State governments and Union Territories in complying with directions to address overcrowding in jails.It had urged all stakeholders to rise to the occasion and discharge their duties expeditiously since the issue involved the right to liberty under Article 21 of the Constitution of India..[Read Live Coverage]