Centre asks states to implement BNSS Section 479 to ensure relief to undertrial prisoners

New Delhi: The Union Home Ministry has asked all states and Union territories to actively implement the provisions of Section 479 of Bharatiya Nagarik Suraksha Sanhita. This section of BNSS seeks to release on bail undertrial prisoners who have been detained for half of the maximum punishment term for their offence.

In a letter to chief secretaries as well as directors general and inspectors general of prison facilities in all states and UTs, the ministry has said Section 479(3) places a specific responsibility on the superintendent of a prison to file an application before the concerned court for the release of such eligible undertrial prisoners on bail.

The section provides that undertrial prisoners, who have undergone detention for half of the maximum period of imprisonment prescribed for the offence shall be released on bail by the court. For first-time offenders, the provision applies upon completing one-third of the maximum sentence.

Citing its repeated calls in the past for its implementation, the ministry reiterated that the provisions of Section 479 of the BNSS can play a vital role in addressing the prolonged detention of undertrial prisoners and reducing overcrowding in prisons.

"All states and UTs are, therefore, requested to issue necessary instructions to the prison authorities for proactive implementation of the provisions of Section 479 and to ensure submission of monthly progress reports to MHA in the prescribed format," it said.

The ministry had also written to the states and UTs on January 1, saying this was not a one-time exercise and that they should continue to provide the benefits of Section 479 to eligible prisoners on a continuous basis and to provide monthly progress reports on its implementation to the home ministry.

The fresh letter was shot off after it was observed that only a limited number of states and UTs have shared the requisite information after November 26, 2024.

The ministry has said that under this initiative, states and UTs were requested to identify eligible undertrial prisoners and move their applications before the concerned courts for their release on bail/bond under the said provisions.

Union Home Minister Amit Shah had in the past also written to the chief ministers and UT administrations, seeking their cooperation and urging them to issue appropriate instructions to the prison authorities.