The Supreme Court has made a landmark ruling that has the potential to significantly impact the lives of thousands of undertrial prisoners across India. In a decision that addresses the persistent issue of overcrowding in the nation's prisons, the Court has declared that Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) will be applied retrospectively. This ruling is poised to offer relief to first-time offenders who have already served a substantial portion of their potential sentences as undertrials.
Section 479 of the BNSS, which came into effect after the BNSS replaced the colonial-era Criminal Procedure Code on July 1, 2024, provides that first-time offenders who have completed at least one-third of the maximum period of imprisonment prescribed for their offenses while awaiting trial are now eligible for bail. This provision is a crucial reform aimed at reducing the number of undertrials languishing in overcrowded prisons, often for periods longer than the sentences they would have received if convicted.
However, it is important to note that this provision is not universally applicable. The Supreme Court clarified that undertrials accused of heinous offenses, particularly those carrying potential punishments of death or life imprisonment, will not benefit from this provision. This exclusion ensures that the reform focuses on non-violent offenders and those who have committed less severe crimes, balancing the need for justice with the imperative of humane treatment for prisoners.
In its ruling, delivered by a bench comprising Justices Hima Kohli and Sandeep Mehta, the Supreme Court directed the superintendents of jails across the country to process the applications of eligible undertrials expeditiously. The Court set a deadline of three months for the processing of these applications, signaling the urgency of addressing the problem of overcrowded prisons. This directive came in the context of a plea that highlighted the dire conditions in many of India’s prisons, where overcrowding has reached crisis levels, leading to severe human rights concerns.
The Court’s decision also reflects a broader push by the Indian government to overhaul the criminal justice system. The BNSS, along with the Bharatiya Nyaya Sanhita and Bharatiya Sakshya Adhiniyam, represents a significant shift from the laws inherited from the British colonial era to a legal framework that is more aligned with contemporary Indian realities. The Centre, during the hearing, confirmed to the Supreme Court that these new laws would apply even to cases that were registered before July 1, 2024, ensuring that the benefits of the reforms are felt across the board.
Moreover, the Supreme Court did not stop issuing directives to the jail authorities. The bench also ordered the states to submit affidavits detailing the number of undertrials who are eligible for early release under Section 479 of the BNSS, as well as the number of prisoners who have already been released in compliance with this provision. This step is crucial for ensuring accountability and transparency in the implementation of the Court’s orders.
The Court’s proactive stance on this issue is expected to lead to a significant reduction in the population of undertrial prisoners, which has been a long-standing issue in the Indian penal system. By expediting the release of eligible undertrials, the Court aims not only to reduce overcrowding but also to uphold the principle of justice being timely and fair. Many undertrial prisoners have spent years behind bars without being convicted, a situation that the Supreme Court’s ruling seeks to rectify.
This decision is part of a broader judicial and governmental effort to reform India’s criminal justice system, making it more efficient, just, and humane. The Supreme Court’s emphasis on the retrospective application of Section 479 BNSS underscores its commitment to ensuring that these reforms benefit as many people as possible, particularly those who have been unfairly affected by delays in the justice system.
The matter is set to be revisited in two months, at which time the Supreme Court will review the progress made in implementing its directives. The Court’s ongoing oversight will be crucial in ensuring that the intended relief reaches those who need it most and that the systemic issues leading to prison overcrowding are addressed in a sustained and meaningful way.
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