HIMA KOHLI, SANDEEP MEHTA
IN RE-INHUMAN CONDITIONS IN 1382 PRISONS – Appellant
Versus
. – Respondent
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 Genera
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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