NEW DELHI: Intending to unclog overcrowded Indian jails and give relief to undertrial prisoners, the Union Ministry of Home Affairs (MHA) has advised the state governments and the UT administrations to implement Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which allows for the release on bail to inmates, who have served considerable periods of detention, particularly focusing on first-time offenders, officials said on Friday.
The officials said, in its advisory the MHA has put special emphasis on the urgent need for prison authorities to actively apply for bail on behalf of eligible inmates. It further asked to utilise the national E-Prisons portal to identify those who qualify for the intended release, they added.
The Ministry has also reminded the jail authorities about the financial aid scheme, which is aimed at assisting impoverished prisoners, and encouraged them to use the resources effectively to mitigate overcrowding in prisons, they said.
The officials said, in the backdrop of the concerns raised about condition of prisons across the country, the advisory was addressed to Chief Secretaries and heads of prison authorities, the officials said, adding that it is also clarified that Section 479 of the BNSS provides for the release of such prisoners, who have been detained for up to half the maximum imprisonment period, which is further reduced to one-third for first-time offenders.
Additionally, the advisory references a recent Supreme Court ruling mandating that these provisions apply retroactively to all undertrials, regardless of when their cases were initiated. This directive also compels Superintendents of Prisons to swiftly submit bail applications as eligible prisoners complete their detention terms.