States urged to use new BNSS provision to release undertrials

In adherence to the Supreme Court’s recent observation directing state governments to address concerns regarding overcrowding of jails, the Home Ministry has directed all chief secretaries to take cognisance of Section 479 (1) of the BNSS, to which a new provision has been added.

This provision mandates that a first-time offender who has not been convicted of any offence in the past can be released on bond by court, if he or she has completed one third of the maximum period of imprisonment specified for such the offence under the law.

Apart from this, Section 479 (1) of the BNSS has an in-built provision, where bail is to be offered to those undertrials (except in those offences where death or life sentence has been specified as one of the punishments) who have completed half of the maximum period of imprisonment specified for that offence.

An advisory to all chief secretaries and director generals of prisons by the Home Ministry has stated that Section 479 (3) of the BNSS casts a specific responsibility upon the Superintendent of Prisons, where the accused person is detained, to make an application to the concerned court for release of such prisoners (first-time offender and undertrials who have undergone half of their maximum period of imprisonment) on bail.