MHA Directs States to Implement Section 479 of BNSS

January 8, 2025

The Central Government of India has taken steps to address the plight of undertrial prisoners. On January 1, 2025, the Ministry of Home Affairs (MHA) issued a directive to all states and Union Territories (UTs) regarding the implementation of Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). This initiative aims to provide relief to undertrial prisoners who have been detained for extended periods.

Purpose of Section 479 of BNSS

Section 479 of the BNSS is designed to facilitate the release of undertrial prisoners. It applies specifically to individuals who have undergone detention for portion of their maximum sentence. This section aims to alleviate overcrowding in prisons and address the issue of prolonged detention faced by many undertrial prisoners.

Key Provisions of the Law

Under Section 479 (1), a person detained for half of the maximum sentence for a non-capital offence may be released on bail. For first-time offenders, release can occur after serving one-third of the maximum sentence. This provision is crucial for ensuring that individuals are not unduly punished while awaiting trial.

Responsibilities of Prison Authorities

The law places specific responsibilities on prison superintendents. They are required to apply to the courts for the release of eligible undertrial prisoners on bail or bond. This responsibility ensures that the rights of prisoners are upheld and that they receive fair treatment under the law.

Implementation Process

The MHA has requested states and UTs to report on the implementation status of Section 479. The prescribed format includes details such as the number of first-time undertrial prisoners and those released on bond. This reporting mechanism is essential for monitoring the effectiveness of the initiative.

Previous Campaigns and Initiatives

Prior to this directive, the MHA had launched a campaign on Constitution Day, November 26, 2024. This campaign aimed to identify eligible prisoners and facilitate their release applications. States and UTs actively participated, providing data on the number of prisoners who benefited from the provisions of Section 479.

BNSS stands for Bharatiya Nagarik Suraksha Sanhita.
UTPs refers to Undertrial Prisoners.
Section 479 aims to reduce overcrowding in prisons.
The MHA is responsible for overseeing prison conditions.
First-time offenders may be released on bond after one-third of their sentence.

Expected Outcomes of the Initiative

The implementation of Section 479 is anticipated to improve the conditions for undertrial prisoners. It is expected to reduce the number of individuals held for extended periods without trial. Furthermore, the initiative aligns with broader efforts to reform the criminal justice system in India.

« Previous Post Next Post »