PROACTIVE RELEASE OF UNDERTRIAL PRISONERS UNDER S.479 BNSS URGED BY SC

by | Oct 24, 2024

Headline

The Supreme Court of India shows concern for Undertrial Prisoners over delayed implementation of Section 479 BNSS.

Summary

The Supreme Court of India showed concern over the inadequate implementation of Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which directs the release of undertrial prisoners who have served a notable portion of their maximum sentence. The Supreme Court directed states and union territories to submit reports by November 8, 2024, and stressed on the role of Undertrial Review Committees in speeding up the process.

Key Facts

  • Case Name: In Re-Inhuman Conditions In 1382 Prisons
  • Judges Name: Justice Hrishikesh Roy and Justice SVN Bhatti
  • Section 479 Bharatiya Nagarik Surajsha Sanhita (BNSS) applies to undertrials who have served half their sentence or ⅓ rd for first-time offenders.
  • Only 19 out of 36 states/UTs have submitted their reports on suitable undertrials.
  • The Supreme Court previously directed nationwide application of Section 479 of BNSS to address overcrowding.

Legal Insights

The Supreme Court of India observed that proper identification and release of suitable undertrials under Section 479 of Bharatiya Nagarik Surajsha Sanhita (BNSS),2023 is important to uphold their rights. Delays in the process violate the purpose of the law, which seeks to reduce overcrowding in prisons.

Impact

The case showcases the ongoing issues of overcrowding in prisons and the slow speed of implementing reforms for the release of undertrial prisoners.

Why it Matters

This ruling of the Supreme Court affects the lives of many undertrials across India, encouraging timely justice and human rights while addressing the systemic issue of prison overcrowding.

 

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Written By Archana Singh

I am Archana Singh, a recent law master's graduate with a strong aspiration for the judicial service. My passion lies in elucidating complex legal concepts, disseminating legal news, and enhancing legal awareness. I take immense pride in introducing my new legal website - The LawGist. Through my meticulously crafted blogs and articles, I aim to empower individuals with comprehensive legal insights. My unwavering dedication is to facilitate a profound comprehension of the law, enabling people to execute judicious and well-informed choices.

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