SC fast-tracks release of undertrials under BNSS
The Supreme Court on Friday fast-tracked the premature release of undertrial first-time offenders who have completed one-third of the maximum sentence prescribed for the crime, directing jail superintendents across the country to process applications, preferably within two months, of all eligible prisoners under the newly enacted Bharatiya Nagarik Suraksha Sanhita (BNSS).
The order came after the Centre told the court that BNSS section 497, which relates to the “maximum period for which undertrial prisoner can be detained”, would apply even retrospectively to cases registered before July 1, 2024 — the date of commencement of BNSS, which replaced the Code of Criminal Procedure, 1973 (CrPC).
“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,” a bench of justices Hima Kohli and Sandeep Mehta said. “This may be done as expeditiously as possible, and preferably within two months.”
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. The order was passed in a suo motu (on its own) petition taken up by the apex court to consider suggestions for improving jail conditions across the country and for reducing overcrowding of prisons.
On August 13, senior advocate Gaurav Agarwal, assisting in the matter as amicus curiae, pointed out the “beneficial provision” under BNSS section 479 that will solve overcrowding of jails if the same is applied retrospectively. The court had then sought the Centre’s response to the amicus’ suggestion.
On Friday, additional solicitor general (ASG) Aishwarya Bhati, appearing for the Centre, informed the bench that section 479 of the BNSS, which replaced section 436A of the CrPC, will apply to all undertrials, irrespective of the fact that the crime is registered before July 1, 2024.
A provision under section 479 of BNSS states: “Where such person is a first-time offender (who has never been convicted of any offence in the past) he shall be released on bond by the court, if he has undergone detention for the period extending up to one-third of the maximum period of imprisonment specified for such offence under that law.”
The BNSS section is equivalent to section 436A of CrPC, which only provided for release of undertrials after they have spent onehalf of the maximum period of imprisonment.
Follow SOPs on release of undertrials: SC to states
Meanwhile, the top court has directed all states and Union territories to ensure “compliance of the SOP for undertrial prisoners as laid down by this court vide order dt February 13, 2024, in those cases where no family member or friend is coming forward to stand as surety or furnish bonds on the behalf of the UTPs.” The order by a bench headed by justice MM Sundresh was passed on August 6 and uploaded on Friday.
SUPREME COURT
This (processing pleas for release) may be done as expeditiously as possible, and preferably within two