Big decision: Undertrial prisoners who have spent one-third of their time in custody will get bail

New Delhi. The central government told the Supreme Court on Friday that Section 479 of the Indian Civil Protection Code 2023 (BNS) will be implemented in all pending cases registered before July 1. A bench of Justices Hima Kohli and Sandeep Mehta asked jail superintendents across the country to process the applications of prisoners who have completed one-third of the period of detention given in Section 479. Dispose it within 3 months.

The Supreme Court is keeping an eye on the overcrowding in the country’s prisons in October 2021. Taking action on this matter itself, it had sought a reply from the central government on this matter. Let us tell you, this section is related to the maximum period of detention of an undertrial prisoner.

Advertisement

It will help in reducing overcrowding in prisons

In the last hearing, senior advocate and amicus curiae (court-appointed lawyer) Gaurav Agarwal had drawn the court’s attention to the provision related to the maximum period of detention of undertrial prisoners under section 479. He had said that there is a provision in section 479 that if a person has served one-third of the sentence prescribed for a crime under a special law, then the court should release him on bail. He said that this should be implemented as soon as possible. Gaurav Agarwal had said that this will help in reducing the crowd in jails.

Supreme Court stresses on the need for e-prison module

Senior advocate Vijay Hansaria, who is working as amicus curiae in the case, citing the lack of law awareness among prisoners, said that the convicts are not told that they can go to the appellate courts through the Legal Services Authority and get the deficiencies related to their case removed and can avoid punishment. On Hansaria’s argument, the court stressed the need for a uniform e-prison module in the country and said that such problems can be easily resolved through the e-prison module.
The Supreme Court had suggested open jail
On May 9, the court had said in this matter that open or semi-open jail gives the prisoners the option of working outside the jail premises throughout the day and returning to the jail in the evening. Open jail will also help the prisoners to mingle with the society and reduce their psychological pressure. It will also improve the livelihood of the prisoners.

Half the prisoners in jails are accused of non-serious crimes

Sources in the Home Ministry say that there are five and a half lakh prisoners in the country’s jails. Nearly half of the total number of prisoners are those convicted of non-serious crimes. The number of those under trial for non-serious crimes is 2 lakh. Most of them have been in jail for more than the maximum sentence.

Advertisement