Would Section 479 BNSS on release of first-time offenders apply retrospectively? Supreme Court asks

The Supreme Court Tuesday directed the Central government to clarify about the retrospective applicability of a Bharatiya Nagarik Suraksha Sanhita (BNSS) provision that allows courts to grant bail to first-time undertrials, who have undergone one-third of the maximum period of imprisonment specified for the offence they are accused of [In Re: Inhuman Conditions in 1382 Prisons]..Section 479 of the BNSS provides for release of undertrials who have been behind bars for many years with no end in sight for the trial. However, it does not extend to those who are accused of an offence for which punishment is death or life sentence.While its equivalent under the Code of Criminal Procedure (CrPC) only provided for release of undertrials after they have spent one-half of the maximum period of imprisonment, the new criminal law introduces a beneficial provision for the first-time offenders who have never been convicted of any offence in the past. It allows the release of such undertrials after they have undergone detention for the period extending up to one-third of the maximum period of imprisonment..A bench of Justices Hima Kohli and Sandeep Mehta today took note of amicus curiae Senior Advocate Gaurav Agrawal's submission that application of the provision in letter and spirit will help in reducing the overcrowding of prisons. "We direct the Union to submit an affidavit from the concerned department regarding this provision, its retrospective application, and its application on undertrial across the country," the Court ordered..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 in discharging their duties expeditiously since the issue involves right to liberty under Article 21 of the Constitution..Meanwhile, amicus curiae today also submitted a note on allied issues in prisons in Karnataka, Madhya Pradesh and other states. The Court directed these States to examine the note, address the issues and file a compliance affidavit on or before October 13.However, with regard to the BNSS provision and its applicability, the Court gave a shorter date and listed the matter for consideration on August 22.