SC fast-tracks process for release of undertrials under new criminal laws
A bench headed by justice Hima Kohli directed superintendents of jails across the country to process applications of all such first-time offenders who stand to benefit under Section 479 of the BNSS, preferably within two months
New Delhi: The Supreme Court on Friday fast-tracked the premature release of undertrials and first-time offenders who have completed half or one-third of their maximum sentence by directing the jail superintendents across the country to process applications of all eligible prisoners under the newly enacted Bharatiya Nagarik Suraksha Sanhita (BNSS) within two months.
This comes after the Centre on Friday informed the apex court that the new criminal laws, providing for a beneficial clause for the release of first-time offenders who had undergone one-third of the maximum punishment for their offence, will apply even to cases lodged prior to the implementation of the law on July 1, 2024.
A bench headed by justice Hima Kohli directed superintendents of jails across the country to process applications of all such first-time offenders who stand to benefit under Section 479 of the BNSS, preferably within two months.
In a judgement delivered on August 23, the top court ruled that Section 479 of the BNSS—which has replaced the Code of Criminal Procedure—will now be applied to all undertrials.
According to Section 479 of the BNSS, undertrials are eligible for bail if they have served a detention period. However, the provision will not apply to offences where one of the punishments specified is life imprisonment or death.
{{/usCountry}}According to Section 479 of the BNSS, undertrials are eligible for bail if they have served a detention period. However, the provision will not apply to offences where one of the punishments specified is life imprisonment or death.
{{/usCountry}}The court also directed states and union territories to submit a status report by October, providing information about the number of applications forwarded to the undertrial review committee (UTRC) and the prisoners who actually stood benefitted.
{{/usCountry}}The court also directed states and union territories to submit a status report by October, providing information about the number of applications forwarded to the undertrial review committee (UTRC) and the prisoners who actually stood benefitted.
{{/usCountry}}The order was passed in a suo motu petition where the court is considering inhuman conditions in jails and steps to reduce overcrowding of prisoners. On August 13, senior advocate Gaurav Agarwal, assisting in the matter as amicus curiae, pointed out this beneficial provision under BNSS that will solve overcrowding of jails if the same is applied retrospectively. Following this, the court directed the Centre to submit its response to the amicus’ suggestion.
{{/usCountry}}The order was passed in a suo motu petition where the court is considering inhuman conditions in jails and steps to reduce overcrowding of prisoners. On August 13, senior advocate Gaurav Agarwal, assisting in the matter as amicus curiae, pointed out this beneficial provision under BNSS that will solve overcrowding of jails if the same is applied retrospectively. Following this, the court directed the Centre to submit its response to the amicus’ suggestion.
{{/usCountry}}Additional solicitor general (ASG) Aishwarya Bhati, appearing for Centre, told the court that she had been instructed by the government that the provision for first-time offenders and other undertrials shall apply to all accused in pending cases, irrespective of whether their case was registered before July 1, 2024 (date when BNSS came into effect).
The bench, also comprising justice Sandeep Mehta, said, “It is deemed appropriate to direct implementation of Section 479 BNSS by calling upon superintendents of jails across the country to process applications through concerned courts on completion of half or one-third of maximum punishment, as the case may be. This may be done as expeditiously as possible, and preferably within two months.”
Though the bench was initially keen to give three months time for the exercise to be completed, Agarwal pointed out that a related hearing on prison reforms is scheduled in the month of October. The court remarked, “This can be a Diwali gift to prisoners.”
The court further directed the superintendents of all jails to submit a report to the respective states and union territories providing details of undertrials who stood eligible under this provision, applications forwarded, and the actual figure of undertrials who got benefited.
The court also asked the session judge in charge of the UTRCs to make adequate provisions to ensure there is no laxity in implementing the order.
Agarwal, in his note to the court, said, “The provison to section 479 for releasing first-time offenders on undergoing a 1/3rd sentence is a very positive step. It would help in rehabilitation of prisoners and reduce overcrowding in jails.”
He added that the new code does not specify if this provision will apply to offences committed prior to the date of commencement of BNSS and requested the apex court to issue directions to all UTRCs and all courts to consider cases of all first-time offenders, irrespective of the date of commission of crime, under the newly introduced provision.
