NEW DELHI: In a move to reduce overcrowding in jails and give relief to undertrial prisoners, the Union Ministry of Home Affairs (MHA) has asked states and Union Territories to implement Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which allows bail to inmates who have served considerable periods of detention, officials said on Friday.
In its advisory, the MHA emphasised the need for prison authorities to apply for bail on behalf of eligible inmates. It also directed that the national e-Prisons portal be utilised to identify the jail inmates who qualify for release.
Section 479 of BNSS says that if an undertrial has undergone detention for a period of up to half of the maximum imprisonment specified for his offence, he shall be released by the court on bail. However, the relief is not available if the maximum punishment is death sentence or life imprisonment.
A new proviso under Section 479 (1) reads, “Provided that where such person is a first-time offender, 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.” Section 479(3) puts responsibility on the superintendents of prisons where the accused are detained, to make an application to court for their release on bail.
The ministry has also reminded jail authorities about the financial aid scheme aimed at assisting impoverished prisoners and encouraged them to use resources effectively.
“In the backdrop of the concerns raised about condition of prisons across the country, the advisory was issued to chief secretaries and heads of prison authorities,” an official said, adding, “It is also clarified that the Section 479 of BNSS provides for 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.”
Conditions for bail
As per the Section 479 of Bharatiya Nagarik Suraksha Sanhita, if an undertrial has undergone detention for half of the maximum imprisonment period specified for his offence, he shall be released by court on bail. If the undertrial is a first-time offender, he shall be released on bail if he has undergone one-third of the maximum period.