Centre orders relief for under-trial prisoners serving long detentions 

Union Government advises States/UTs to release undertrial prisoners on bail to address overcrowding in prisons effectively.

In a move to address issues arising out of crowded prisons and prolonged detention of undertrial prisoners across the country, the Union Government has asked States/Union Territories to invoke provisions under the newly enforced criminal law and facilitate their release on bail.

In an advisory to Chief Secretaries and Heads of Prisons of all States/UTs, the Ministry of Home Affairs (MHA) said that the overcrowding in prisons, especially the issue of large number of undertrial prisoners, was a matter of concern for the Government of India. The MHA was taking various progressive steps, including grant of financial aid to the States/UTs for providing relief to such prisoners in seeking release from prisons.

As part of the initiatives to overcome the problem long detention of inmates and the hardship faced by them, the MHA asked prison authorities to invoke provisions under Section 479 (1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, which came into force with effect from July 1, 2024, to facilitate the release of prisoners by court on bail.

However, this would apply to prisoners held in offences for which the punishment of death or life imprisonment has been specified as one of the punishments and he/she should have undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law.

First time offenders

The MHA said that a new provision had been added under Section 479 (1) of the BNSS which provided for the release of first time offenders on bond by court if he/she had undergone detention for the period extending up to one-third of the maximum period of imprisonment specified for such offence under the law. It would be the 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 on bail.

Referring to a recent order of the Supreme Court, the MHA said that the provisions of Section 479 of BNSS would apply to all undertrials in pending cases irrespective of whether the case was registered against them before July 1, 2024, the date when the new law came into effect.