SUPREME COURT OF INDIA
HIMA KOHLI, SANDEEP MEHTA, JJ.
IN RE-INHUMAN CONDITIONS IN 1382 PRISONS
WRIT PETITION (CIVIL) NO. 406 of 2013
Decided On : 23-08-2024
Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 479 [Section 436-A of Cr.P.C., 1973] – Release of under-trial prisoners to ease overcrowding in jails – Substituted provision under BNSS is more beneficial vis-à-vis Section 436A of Code of Criminal Procedure, 1973, wherein period undergone by first time offender was prescribed as up to half of maximum period of imprisonment specified for such an offence – It is deemed appropriate to direct immediate implementation of Section 479 of BNSS by calling upon Superintendents of Jails across the country wherever accused persons are detained as undertrials, to process their applications to concerned Courts upon their completion of one-half/one-third, as the case may be, of period mentioned in sub-section (1) of said provision, for their release on bail – This step will go a long way in easing overcrowding in jails – Directions issued. (Paras 2, 4, 5 and 6)
Facts of the case:
Bharatiya Nagarik Suraksha Sanhita, 2023 which has replaced Code of Criminal Procedure, 1973 w.e.f. 01st July, 2024, contains a provision under Section 479 relating to Maximum period for which an undertrial prisoner can be detained. A first-time offender (who has never been convicted for any offence in the past) is required to be released on bond by Court, if he has undergone detention for period extending up to one-third of the maximum period of imprisonment specified for such an offence under a particular law.
Findings of Court:
Compliance of the aforesaid provisions shall be made by the concerned District & Session Judges in all States/UTs who are in-Charge of the Under Trial Review Committees so that there is no laxity in implementation of the aforesaid beneficial provision.
Result : Directions issued.
ORDER
1. This order is in continuation of the order passed on 13th August, 2024. On the last date of hearing, Mr. Gaurav Agrawal, learned Amicus Curiae had submitted that the Bharatiya Nagarik Suraksha Sanhita, 20231 [For short ‘the BNSS’] , which has replaced the Code of Criminal Procedure, 1973 w.e.f. 01st July, 2024, contains a provision under Section 479 relating to the ‘Maximum period for which an undertrial prisoner can be detained’. The attention of this Court was drawn to the first proviso to Section 479 to urge that a first-time offender (who has never been convicted for any offence in the past) is required to be released on bond by the Court, if he has undergone detention for the period extending up to one-third of the maximum period of imprisonment specified for such an offence under a particular law.
2. Having regard to the fact that the substituted provision under the BNSS is more beneficial vis-a-vis Section 436A of the Code of Criminal Procedure, 1973, wherein the period undergone by the first time offender was prescribed as up to half of the maximum period of imprisonment specified for such an offence, this Court had called upon the learned Additional Solicitor General to obtain instructions from the Department and submit a clarification regarding application of the said provision to all undertrials across the country.
3. Today, Ms. Aishwarya Bhati, learned Additional Solicitor General, submits that pursuant to the aforesaid order, instructions have been obtained from the Department to the effect that the aforesaid provision under the BNSS shall apply to all undertrials in pending cases irrespective of whether the case was registered against them before 01st July, 2024, the date when the newly minted legislation has come into effect.
4. In that view of the matter, it is deemed appropriate to direct immediate implementation of Section 479 of the BNSS by calling upon Superintendents of Jails across the country wherever accused persons are detained as undertrials, to process their applications to the concerned Courts upon their completion of one-half/one-third, as the case may be, of the period mentioned in sub-section (1) of the said provision, for their release on bail. This step will go a long way in easing overcrowding in jails which is the primary focus of this Court in the present petition.
5. The aforesaid steps shall be taken as expeditiously as possible, preferably within two months from today. Reports shall be submitted by the Superintendent Jails to their respective Heads of the Department within the same time line for a comprehensive affidavit to be filed by each State Government/Union Territory through their respective Chief Secretaries. The affidavits shall furnish the details of the number of undertrials who would be entitled to extension of the benefit of Section 479 of the BNSS, the number of applications moved before the concerned Courts for their release and the number of undertrials actually released by the date of filing of the affidavits.
6. Compliance of the aforesaid provisions shall be made by the concerned District & Session Judges in all States/UTs who are in-Charge of the Under Trial Review Committees so that there is no laxity in implementation of the aforesaid beneficial provision.
7. List on the date already fixed, i.e. 22nd October, 2024, at the top of the Board.
The court mandated proactive identification and release of undertrial prisoners under Section 479 of the BNSS, emphasizing justice for all, especially first-time offenders.
The retrospective application of Section 479 of the Bharatiya Nagarik Suraksha Sanhita is limited to under-trial prisoners and does not extend to convicted prisoners.
The saving clause in Section 531(2)(a) of the BNSS ensures that pending legal proceedings initiated before its enforcement continue under the old Cr.P.C framework.
The court clarified that the statutory period for filing a charge-sheet under BNSS, 2023 is 90 days, overriding previous state amendments.
The court established that pending matters under the CrPC, 1973, are preserved by the BNSS, 2023, while new incidents post-enactment must adhere to the BNSS.
The court established that under Section 479(1) of the BNSS, an unconvicted individual may be released on bail after serving a specified period of detention.
Inordinate delay in trial of minor offences due to prosecution lapses violates speedy trial right under Article 21 warranting quashing of proceedings by constitutional courts.
The right to a speedy trial is a fundamental right under Article 21, and prolonged detention without trial violates this right.
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