HRISHIKESH ROY, S. V. N. BHATTI
In Re-Inhuman Conditions In 1382 Prisons – Appellant
Versus
. – Respondent
ORDER :
1. Pursuant to the last order passed by this Court on 22.10.2024, a Note prepared by Mr. Gaurav Agrawal, learned Amicus Curiae, and Ms. Rashmi Nandakumar representing NALSA, is filed.
2. As earlier noticed, the matter pertains to Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which provides for the release of undertrial prisoners suffering prolonged incarceration. The benefit, of course, is not available for those charged with heinous offenses such as death sentences or life imprisonment. Section 479 of the BNSS reads as under:-
(1)Where a person has, during the period of investigation, inquiry or trial under this Sanhita of an offence under any law (not being an offence for which the punishment of death or life imprisonment has been specified as one of the punishments under that law) undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the Court on bail:
Provided that where such person is a first-time offender (who has never been convicted of any offence in the past) he shall be rel
The court mandated proactive identification and release of undertrial prisoners under Section 479 of the BNSS, emphasizing justice for all, especially first-time offenders.
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.
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 court ruled that the serious nature of the charges against a first-time offender does not guarantee bail under Section 479 of BNSS, emphasizing the gravity of the offense involving a minor.
Timely execution of bail orders is crucial, and courts have a duty to ensure that undertrial prisoners are promptly released upon being granted bail.
Prolonged pre-trial detention infringes on the right to personal liberty under Article 21, necessitating bail when an accused has languished in custody beyond half the maximum sentence duration.
Completion of 1/3rd of a maximum sentence does not automatically entitle a first-time offender to bail; statutory provisions and precedents dictate strict criteria for drug-related offences.
Bail – Section 436-A of Cr.P.C. does not exclude offences under NDPS Act – Deprivation of personal liberty without ensuring speedy trial is not consistent with Article 21.
Excessive bail conditions infringe personal liberty and violate the constitutional right to a fair trial under Article 21.
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