NEW DELHI: In a first, the Supreme Court on Friday gave a retrospective application to Section 479 of Bharatiya Nagarik Suraksha Sanhita (BNSS) that mandates the release of undertrial first-time offenders lodged in prisons if they have served one-third of the maximum punishment prescribed for the offence allegedly committed by them.
Though BNSS, along with Bharatiya Nyaya Sanhita and Bharatiya Sakshya Sanhita, came into force this year, on the request of ASG Aishwarya Bhati, a bench of Justices Hima Kohli and Sandeep Mehta said the beneficial provision would apply to all undertrial prisoners irrespective of the date of arrest and their going to prison.
The bench ordered jail superintendents to initiate steps for grant of bail to those firsttime offenders who are lodged as undertrials and have served one-third of maximum imprisonment. It asked them to complete the process of making application to the court for release of such prisoners, who fulfil the criteria under Section 479, within 2 months and report back to the state govt’s department concerned.
Let the undertrial prisoners who meet the criteria spend this Diwali with their families,” Justice Kohli said. Bhati also requested the court to ask the jail superintendents to take steps for release of undertrial prisoners, who though not first-time offenders but have served half of the maximum punishment prescribed for the offence. However, these two groups of undertrial prisoners would not get the benefit of early release from jail if they have been accused of committing a heinous crime.
The bench asked state govts and the administrations of the Union Territories concerned to compile the data of release of these two categories of the undertrial prisoners and submit a status report to the court after two months. It posted the matter for hearing in Oct, by which time Justice Kohli would have retired from Supreme Court.
Though BNSS, along with Bharatiya Nyaya Sanhita and Bharatiya Sakshya Sanhita, came into force this year, on the request of ASG Aishwarya Bhati, a bench of Justices Hima Kohli and Sandeep Mehta said the beneficial provision would apply to all undertrial prisoners irrespective of the date of arrest and their going to prison.
The bench ordered jail superintendents to initiate steps for grant of bail to those firsttime offenders who are lodged as undertrials and have served one-third of maximum imprisonment. It asked them to complete the process of making application to the court for release of such prisoners, who fulfil the criteria under Section 479, within 2 months and report back to the state govt’s department concerned.
Let the undertrial prisoners who meet the criteria spend this Diwali with their families,” Justice Kohli said. Bhati also requested the court to ask the jail superintendents to take steps for release of undertrial prisoners, who though not first-time offenders but have served half of the maximum punishment prescribed for the offence. However, these two groups of undertrial prisoners would not get the benefit of early release from jail if they have been accused of committing a heinous crime.
The bench asked state govts and the administrations of the Union Territories concerned to compile the data of release of these two categories of the undertrial prisoners and submit a status report to the court after two months. It posted the matter for hearing in Oct, by which time Justice Kohli would have retired from Supreme Court.