The Supreme Court has ruled that Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) will be applied retroactively nationwide, providing relief for undertrial convicts and first-time offenders. First-time offenders who have served one-third of the maximum sentence as undertrials may be granted bail under Section 479 of the BNSS.
The ruling was made at a plea hearing about jail overcrowding before the highest court.
On July 1, 2024, the Criminal Procedure Code of the colonial era was superseded by the BNSS following a criminal justice system overhaul and three legislation ratified by the Centre. Therefore, for all undertrials in cases filed prior to July 1, 2024, Section 479 will be applicable.
Nonetheless, undertrial defendants accused of horrific crimes carrying life or death sentences are not covered by this clause.
The superintendents of jails across the nation were ordered by a bench of Justices Hima Kohli and Sandeep Mehta on Friday to process the applications of the qualified undertrials within a three-month period.
“We direct implementation of Section 479 BNSS by calling upon superintendents of jails across countries to process the pleas of the undertrials when they comply with the proviso of this provision. These steps shall be taken as expeditiously as possible, preferably within 3 months,” the Supreme Court said.
The Centre also informed the Supreme Court that the new criminal laws — the BNSS, the Bharatiya Nyaya Sanhita and the Bharatiya Sakshya Adhiniyam — would apply even to cases lodged before its implementation on July 1, 2024.
The court instructed the states to produce an affidavit providing the specifics of the number of undertrials eligible for early release and the number of those freed under this provision. The bench had previously chastised the states for their “lackadaisical attitude” in tackling jail congestion.
Two months from now, the matter will be heard again.
