Centre urges States, UTs to Enforce Section 479 of BNSS

The Central Government has directed all States and Union Territories (UTs) to implement Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Table of Contents

About Section 479 of BNSS

It aims to provide relief to undertrial prisoners and address overcrowding in jails.
It focuses on reducing prolonged detention by allowing the release of eligible undertrial prisoners based on the portion of their sentence already served.
It is based on Section 436-A of the Code of Criminal Procedure, 1973 (CrPC).

Key Provisions of Section 479

Eligibility for Release

First-Time Offenders: Eligible for release on bond after serving one-third of their maximum potential sentence.
Other Undertrial Prisoners: Eligible for bail after serving half of their maximum potential sentence.
Role of Prison Authorities: Prison superintendents must file applications with the courts for the release of eligible prisoners.
- It does not apply to offences punishable by death or life imprisonment.

Fact

According to the National Crime Records Bureau’s report Prison Statistics India 2022, of the 5,73,220 people incarcerated in Indian prisons, 4,34,302 (75.8%) are undertrials against whom cases are still pending.