Centre asks states to take steps for reducing overcrowding in prisons

New Delhi: The Centre has asked all states to ensure that an undertrial prisoner arrested for an offence for which the punishment of death or life imprisonment has not been specified should be released if he or she has already undergone detention for half of the maximum prison term specified for that offence, thus reducing overcrowding in jails.

In a communication to chief secretaries and directors general of prisons of all states, the ministry of home affairs (MHA) said the prison authorities should approach the court concerned for release of such eligible prisoners under the provisions of the Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

The Section 479 of the BNSS states that when a person has, during the period of investigation, inquiry or trial of an offence under any law (not being an offence for which the punishment of death or life imprisonment has been specified as one of the punishments under that law) undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the court on bail.

"In case of first-time offenders, such prisoners shall be released on bond by the court, if they have undergone detention for a period extending up to one-third of the maximum period of imprisonment for that offence. Further, Section 479 (3) of the BNSS casts a specific responsibility on the Superintendent of the Prison to make an application to the concerned court for release of aforementioned undertrial prisoners on bail/bond," the communication said.

The ministry said it had issued an advisory to the states and union territories on the issue on October 16, 2024 and had requested them to provide the benefit of the provisions of Section 479 of BNSS to all eligible prisoners and have their bail applications filed in the court accordingly.

It said on the occasion of Constitution Day i.e. November 26, 2024, the home ministry had launched a special campaign under which all the states and union territories were requested... to identify eligible prisoners under the provisions of the Section 479 of BNSS and move their applications to the concerned courts for their release on bail/bond.

Union Home Minister Amit Shah had also sent a letter to chief ministers of all states and Union territories in this regard. The states and Union territories had actively participated in this exercise and had furnished the details of the number of prisoners who benefitted from the provisions of Section 479 of BNSS up to November 26, 2024.

However, the ministry has conveyed to the states that it was not a one-time exercise and the states and Union territories need to take advantage of the provisions of Section 479 of BNSS and provide the benefit of the same to all eligible prisoners on a continuous basis.

"The states and UTs are requested to provide details, as in the attached proforma, for the period November 27, 2024 to December 31, 2024, on urgent basis, whereafter a monthly report, even a NIL report, is to be provided to this ministry in the prescribed proforma, starting from January 1, 2025," the communication said.

The home minister said the provisions of Section 479 of BNSS can go a long way in mitigating the situation of long detention faced by undertrial prisoners and can also address the issue of overcrowding in prisons.

"It is, therefore, expected that all states and UTs will cooperate in the matter and will advise the concerned prison authorities for taking necessary action in the matter and to furnish the desired information to MHA in a timely manner," it said.