Headline
The Supreme Court Orders Application of Section 479 of Bharatiya Nagarik Suraksha Sanhita,2023(BNSS) Retrospectively ,soothing Bail for Undertrials.
Summary
The Supreme Court of India ordered that Section 479 of the Bharatiya Nagarik Suraksha Sanhita,2023(BNSS) to apply retrospectively which permits bail for undertrials who have served a considerable portion of their sentence.This ruling of SC effects all undertrials in cases registered before July 1, 2024.
Key Facts
- Case name : Re-Inhuman Conditions In 1382 Prisons vs. Director General of Prisons and Correctional Services and Ors.,
- Name of Judges:Justice Hima Kohli and Justice Sandeep Mehta
- Section 479 Bharatiya Nagarik Suraksha Sanhita,2023(BNSS) permits bail for undertrials who have served half of their maximum sentence; first-time offenders are eligible after serving ⅓ rd of the portion.
Legal Insights
The Supreme Court of India says that Section 479 of Bharatiya Nagarik Suraksha Sanhita,2023(BNSS) applies retrospectively , providing relief to undertrials who have already served considerable time in jail. This shifts the legal landscape from the former Section 436A of the Criminal Procedure Code (CrPC),making bail conditions easier for first-time offenders.
Impact
This ruling of SC could provide release of a number of undertrials, focusing on the serious issue of prison overcrowding across India.
Why It Matters
It shows the commitment of the judiciary to upholding personal liberty and providing fair treatment to undertrials, mainly in the issues like overcrowded prisons.
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