2024 (8) TMI 1504 - SCH - Indian Laws

Implementation of Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for undertrial prisoners - HELD THAT - Having regard to the fact that the substituted provision under the BNSS is more beneficial vis-a-vis Section 436A of the Code of Criminal Procedure, 1973, wherein the period undergone by the first time offender was prescribed as up to half of the maximum period of imprisonment specified for such an offence, this Court had called upon the learned Additional Solicitor General to obtain instructions from the Department and submit a clarification regarding application of the said provision to all undertrials across the country. It is deemed appropriate to direct immediate implementation of Section 479 of the BNSS by calling upon Superintendents of Jails across the country wherever accused persons are detained as undertrials, to process their applications to the concerned Courts upon their completion of one-half/one-third, as the case may be, of the period mentioned in sub-section (1) of the said provision, for their release on bail. This step will go a long way in easing overcrowding in jails which is the primary focus of this Court in the present petition. List on the date already fixed, i.e. 22nd October, 2024, at the top of the Board.

Summary

Issues: Implementation of Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for undertrial prisoners, comparison with Section 436A of the Code of Criminal Procedure, 1973, application of the provision to all undertrials, immediate implementation across the country, directions for release on bail, easing overcrowding in jails, timeline for implementation, submission of reports by Superintendents of Jails, filing of affidavits by State Governments/Union Territories, compliance by District & Session Judges, and next hearing date.

The judgment pertains to the implementation of Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for undertrial prisoners. The Court noted that this provision, which replaced Section 436A of the Code of Criminal Procedure, 1973, is more beneficial for first-time offenders. The BNSS stipulates that a first-time offender can be released on bond if they have undergone detention for up to one-third of the maximum period of imprisonment specified for the offense. The Court directed the Additional Solicitor General to clarify the application of this provision to all undertrials nationwide.

Following the Court's directive, the Additional Solicitor General confirmed that the BNSS provision would apply to all undertrials in pending cases, regardless of when the case was registered. The Court then ordered the immediate implementation of Section 479 of the BNSS, instructing Superintendents of Jails across the country to process undertrial applications for release on bail upon completion of one-half or one-third of the specified detention period. This measure aims to alleviate jail overcrowding, a primary concern highlighted by the Court in the present petition.

The Court set a timeline for the implementation, requiring the Superintendents of Jails to submit reports to their respective Heads of the Department within two months. State Governments and Union Territories were directed to file comprehensive affidavits through their Chief Secretaries, detailing the number of eligible undertrials, applications for release filed, and the actual number of undertrials released. District & Session Judges in all States/UTs were mandated to ensure strict compliance with the beneficial provision to prevent any delays in its implementation.

The judgment concluded by scheduling the next hearing on the previously fixed date, emphasizing the importance of expeditiously implementing the BNSS provision to address the issue of overcrowded jails and provide relief to undertrial prisoners.