Supreme Court Seeks Government’s Clarification on Retrospective Application of BNSS Bail Provision
Court Queries Central Government on Application of New Bail Provision
The Supreme Court, while reviewing a suo motu petition concerning overcrowding and poor conditions in Indian prisons, has directed the Central government to clarify whether Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) should be applied retrospectively. This provision allows for the release of first-time undertrials who have served one-third of the maximum sentence for their alleged offense.
Section 479 BNSS and Its Implications
Section 479 of the BNSS provides for the release of long-term undertrials who have been detained without trial. Unlike its predecessor under the Code of Criminal Procedure (CrPC), which mandated release after serving half the maximum sentence, the BNSS offers a more lenient provision for first-time offenders. However, it excludes cases involving death or life sentences.
Bench Requests Detailed Affidavit on Provision’s Applicability
During the hearing, Justices Hima Kohli and Sandeep Mehta acknowledged submissions from amicus curiae Senior Advocate Gaurav Agrawal, who argued that applying this provision effectively could alleviate prison overcrowding. The Court has instructed the Union government to provide an affidavit addressing whether this BNSS provision applies retrospectively and how it should be implemented nationwide.
Ongoing Concern Over Prison Conditions
The Court is addressing the broader issue of inhumane conditions in prisons, previously highlighted by its suo motu action. The Court has criticized the indifference of State governments and Union Territories in tackling prison overcrowding and has urged all stakeholders to act promptly to uphold the right to liberty under Article 21 of the Constitution.
Deadline for Compliance on Allied Issues
Additionally, amicus curiae presented a note on prison conditions in Karnataka, Madhya Pradesh, and other states. The Court has directed these states to review the note, resolve the issues raised, and submit a compliance affidavit by October 13.
Next Hearing Date
The matter regarding the BNSS provision’s applicability is scheduled for further consideration on August 22.
(With inputs from agency)
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