Supreme Court allows benefit of Section 479 of BNSS to undertrials retrospectively

In a landmark ruling today, the Supreme Court of India declared that Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)—the law replacing the Code of Criminal Procedure—will apply retrospectively to undertrials across the country. This decision, delivered on August 23, means that the provision will affect all undertrials in cases registered before July 1, 2024.

Section 479 BNSS introduces significant changes to the bail process for undertrials. Under this provision, an undertrial can be released on bail if they have been detained for a period extending up to one-half of the maximum sentence prescribed for their offense. Notably, a new proviso offers additional leniency for first-time offenders, stipulating that they shall be released if they have served one-third of the maximum sentence. This is a notable reduction from the previous requirement under Section 436A of the Code of Criminal Procedure, which required undertrials to serve one-half of their sentence before being eligible for release.

The ruling, delivered by a Bench of Justices Hima Kohli and Sandeep Mehta, emphasized the urgency of processing these cases, directing jail superintendents across the country to expedite the application process for eligible undertrials. The Court ordered that steps be taken "as expeditiously as possible and preferably within three months." The Bench was responding to a public interest litigation (PIL) aimed at addressing the chronic issue of overcrowded prisons in India.

Senior Advocate Gaurav Aggarwal, representing the petitioners, had argued that implementing the provision in full could significantly alleviate the overcrowding in prisons. The Court, in earlier hearings, questioned whether the Act should be applied retrospectively, a point the Union of India later supported.

During today's proceedings, Additional Solicitor General (ASG) Aishwarya Bhati confirmed that the government agreed with the Court's interpretation, stating, "I am happy to report that the Union of India is also of the view that the provisions have to be given full effect... It has to apply to any undertrial who has completed up to one-third of the imprisonment and must be considered accordingly."

Following this confirmation, the Court directed the implementation of Section 479 of BNSS nationwide. The order mandates that superintendents of jails process applications for release through the relevant courts once an undertrial has completed the required detention period. The superintendents are also required to submit reports to their departmental heads within the same three-month timeframe, leading to a comprehensive affidavit from each State and Union Territory.

This ruling marks a significant step towards reforming India's criminal justice system, particularly in addressing the humanitarian concerns related to prison overcrowding. The Court's decision is expected to bring relief to thousands of undertrials across the country, ensuring faster access to justice and reducing the burden on the prison system.