Take proactive steps to release deserving prisoners under S.479 BNSS: Supreme Court for States/UTs

The Supreme Court on Tuesday (October 22) expressed concern over the inadequate implementation of Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the maximum period for which undertrial prisoners can be detained.

“A cursory examination of the reports of some of the states and the union territories would indicate that the process of identifying the accused persons entitled to benefits under Section 479 of BNSS is somewhat flawed”, the Court notes.

Section 479 of the BNSS requires the release of prisoners who have served half the maximum sentence for the alleged offense (except for offenses punishable by life imprisonment or the death penalty). In addition, first-time offenders who have never been convicted are eligible for release after serving one-third of their maximum sentence

“To make the process of identification of the meritorious undertrials efficient, the Undertrial Review Committee present in each district should play a proactive role by coordinating with the prison inspectors… The District Legal Services Authority and the State Legal Services Authority should mobilize their panel advocates and paralegal volunteers so that subjects’ disclosure information can be updated. This is necessary because a person being tried may cross the threshold of one-third or 50% of the sentence the next day after the information is collected or thereafter. Therefore, this must be an ongoing process and steps must be taken to ensure the release of people subject to proceedings under Section 479 BNSS in a proactive manner.”

A bench of Justice Hrishikesh Roy and Justice SVN Bhatti were hearing a petition regarding overcrowding in prisons across India. The Court had ruled on August 23, 2024 that the favorable provision of Section 479 of BNSS would apply retroactively to the sub-trials across the country, i.e., to all sub-trials in cases registered before July 1, 2024.

The Court had directed prison inspectors across the country to process applications for release of eligible undertrials under Section 479 to alleviate the problem of overcrowding in prisons. Further, it had sought reports from each state and union territory within two months detailing the number of subjects eligible for release, applications filed for their release and the number of actual releases.

Today, the Court noted that only 19 of the 36 States/UTs have submitted reports. It further noted that the identification process for eligible sub-trials under Section 479 was lacking in several states and union territories. For example, the report submitted by the State of Andhra Pradesh shows that there are no prisoners in the State eligible for release under Article 479. The Court noted that if this information is correct, no further comment is necessary. However, if this is incorrect, appropriate steps should be taken to correctly identify eligible subtrials.

Reports from various states and union territories indicated that some eligible subjects had been identified and applications for their release were pending. However, the Court noted that no release orders had yet been obtained. The Court added that the reports did not indicate why some sub-trials, despite being eligible under Section 479, had not yet been released.

The Court directed all states and union territories to file their respective replies by November 8, 2024, in accordance with the order dated August 23, 2024. It called on the Undertrial Review Committees in each district to take a more proactive role play and collaborate with prisons. superintendents to ensure that eligible subtrials are identified and released promptly.

Further, the Court directed all district and state legal departments to mobilize their panel lawyers and paralegal volunteers to continuously update the release information of sub-trials.

The Court also emphasized the toll of incarceration, quoting the words of author Oscar Wilde while in prison:

“I don’t know if loss is good or if laws are wrong. The only thing we know about who is in prison is that the prison wall is strong. And that every day is like a year, a year whose days are long.”

“A person under trial and deserving of release under section 479 BNSS deserves consideration under the salutary legislation enacted from 1-7-2024 as the pain of the person incarcerated can only be felt by the one who is within the four corners of the prison”, the Court notes.

As per the directions of the Court, reports from the states and union territories must also contain reasons why a particular sub-trial, despite falling under the permissible category, has not yet been given the benefit of release.

Moreover, the suggestions of the amicus curiae regarding steps to reduce overcrowding in prisons should be circulated to all standing counsels of the states and union territories.

The court heard the case on November 19, 2024.

Case no. – Writ Petition (Civil) No. 406/2013

Case title – Inhumane conditions again in the prisons of 1382