Prisoners under prolonged detentions to get bail on ‘Constitution Day’ 

Undertrial prisoners across India may be released on bail on Constitution Day under new criminal law provisions.

Hundreds of undertrial prisoners detained in jails pending investigation or trial across the country are likely to be released on bail on the occasion of the ‘Constitution Day’ or ‘Samvidhan Divas’ on November 26 under the provisions of the newly enforced criminal law – the Bharatiya Nagarik Suraksha Sanhita, 2023.

Reiterating its earlier communication to States/Union Territories, the Ministry of Home Affairs in a note to all Chief Secretaries and Heads of Prisons said Section 479 of BNSS provided that “Where a person has, during the period of investigation, inquiry or trial under this Sanhita of an offence under any law (not being an offence for which the punishment of death or life imprisonment has been specified as one of the punishments under that law) undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the Court on bail,”

However, the provision would apply to first time offenders who were never convicted of any offence in the past. Persons accused of any offence for which death or life imprisonment was specified as one of the punishments would not be eligible. Competent authorities were told to carefully examine and exclude cases of heinous and serious crimes like Rape, Murder, Act of Terror, POCSO, NDPS, etc., where the punishment of death or life imprisonment was specified as one of the punishments.

The MHA said that the initiative was part of several measures taken to address the issue of undertrial prisoners in the jails and decongestion of prisons. In an order issued on August 23, 2024, the Supreme Court had taken cognisance of the above provisions of BNSS and directed the Superintendents of Jails across the country that wherever accused persons were detained as undertrials, their applications may be preferred to the concerned courts, upon completion of one-half/one-third of the period mentioned in Section 479 of BNSS, for their release on bail/bond.

The apex court had also clarified 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, when the new criminal law came into force.

The MHA said the ‘Constitution Day’ was being celebrated every year on November 26 to commemorate the adoption of the Constitution of India and for promoting constitutional values among the citizens. As part of the celebrations, it was proposed to launch a special campaign wherein all States and UTs, taking advantage of the provisions in BNSS, would provide relief to undertrial prisoners.