NEW DELHI, April 2 -- In a significant step directed towards the speedy redressal of delayed detention of undertrial prisoners, Section 479(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), effective from July 1, 2024, enjoins bail on suitable undertrial prisoners. Under this provision, those who have been held in custody for a maximum of half of the maximum term of imprisonment for their offence, other than when the punishment is death or life imprisonment, should be released on bail by the court. Also, first offenders are entitled to release on bond if they have served one-third of the maximum sentence.
Minister of State for Home Affairs Bandi Sanjay Kumar shared this in a written reply in the Rajya Sabha.
He said that on Constitution Day, November 26, 2024, the Ministry of Home Affairs initiated a "Special Campaign" to encourage states and union territories (UTs) to identify suitable undertrial prisoners and clear them for release through court petitions. The recent statistics provided by states and UTs indicate that among 951 identified suitable undertrial prisoners, 334 have been released on bail.
The distribution of these figures by states and UTs shows great differences in implementation. Whereas West Bengal had the most confirmed prisoners (297) and had 98 released on bail, Maharashtra had 153 confirmed prisoners but only 22 released on bail. Some of the other states with relatively high numbers are Uttar Pradesh (110 confirmed, 51 released on bail), Bihar (46 confirmed, 28 released on bail), and Madhya Pradesh (72 confirmed, 37 released on bail). Some states and UTs, like Sikkim, Telangana, and Lakshadweep, reported no confirmed prisoners.
The Ministry of Home Affairs, in a January 1, 2025, advisory, underscored that this was not an ad-hoc effort. States and UTs have been requested to regularly draw upon Section 479 of BNSS to grant timely relief to such eligible undertrial prisoners to tackle issues of detention beyond reasonable periods and prison overcrowding.
The management and administration of prisons are within the domain of state governments and UTs under Entry 4 of List II of the Seventh Schedule of the Constitution of India. It is the responsibility of these authorities to provide bail to eligible prisoners in due time, as desired by the law.
Published by HT Digital Content Services with permission from Millennium Post.