Supreme Court Applies New Law to Release Undertrials
The law allows the release of undertrial prisoners who have been detained for up to one-third of their maximum sentence.
The Supreme Court of India has applied Section 479 of the Bharatiya Nagarik Suraksha Sanhita-2023 (BNSS) retroactively for the first time.
This law allows the release of undertrial prisoners who have been detained for up to one-third of their maximum sentence.
Court’s Directive: Jail officials nationwide must release undertrials who have served one-third of their maximum detention period to help reduce prison overcrowding.
Government’s Input: Additional Solicitor General Aishwarya Bhati confirmed that Section 479 applies to all undertrials, regardless of when their offenses occurred.
Legal Advice: Senior Advocate Gaurav Agrawal stressed the need for quick implementation to ease prison congestion. The Court’s directive aims to address this issue and should be enforced within three months.