MHA DIRECTS STATES TO IMPLEMENT SECTION 479 OF BNSS

PRELIMS BITS

The Ministry of Home Affairs (MHA) has issued directives to states and Union Territories (UTs) to enforce Section 479 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023. This move aims to provide relief to undertrial prisoners and address prolonged detention and prison overcrowding.

Purpose of Section 479

Section 479 facilitates the release of undertrial prisoners who have served a significant portion of their potential maximum sentence.

Key Provisions

• Eligibility for Bail:
  • Detainees who have served half of the maximum sentence for non-capital offences.
  • First-time offenders after serving one-third of the maximum sentence.
• Role of Prison Authorities: Superintendents must apply to courts for the release of eligible prisoners on bail or bond, ensuring fair treatment.

Implementation Process

The MHA has asked states and UTs to report implementation status, including details on first-time offenders and released prisoners.

Previous Initiatives

On Constitution Day (November 26, 2024), the MHA launched a campaign to identify eligible prisoners under Section 479, leading to their release applications.

Expected Outcomes

• Reduction in overcrowding and prolonged detention.
• Alignment with broader criminal justice reforms to improve prison conditions.

Key Terms:

• BNSS: Bharatiya Nagarik Suraksha Sanhita
• UTPs: Undertrial Prisoners

This initiative signifies a crucial step in addressing systemic issues in India’s criminal justice system.