Centre urges states, UTs to ensure undertrial prisoner relief in jails

The Ministry of Home Affairs has issued a communication to the Chief Secretaries of all States and Union Territories regarding the implementation of Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). 

This section provides relief to undertrial prisoners who have been detained for prolonged periods, ensuring their release under certain conditions.

As per Section 479(1), undertrials who have been detained for at least half of the maximum imprisonment period for the offence they are charged with (excluding offences punishable by death or life imprisonment) must be released on bail. 

For first-time offenders, the period of detention required is reduced to one-third of the maximum sentence. 

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Section 479(3) further mandates that the Superintendent of the Prison must apply to the concerned court for the release of such prisoners.

The Ministry had previously issued an advisory on October 16, 2024, requesting states and UTs to ensure the benefit of this provision for all eligible undertrials. 

On Constitution Day (November 26, 2024), the Ministry launched a special campaign urging States and UTs to identify eligible prisoners and move their bail applications to the courts.

The Ministry's communication also thanked the States and UTs for their active participation in this initiative, which resulted in a significant number of prisoners benefiting from this provision by November 26, 2024.