The recent Supreme Court ruling mandating the retrospective application of Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has marked a significant milestone in Indian legal history. This section addresses the maximum period for which an undertrial prisoner can be detained, a crucial issue that has plagued the Indian justice system for far too long.
Key Provisions of Section 479:
- Maximum Detention Period: No undertrial can be detained longer than the maximum imprisonment term provided for the offense they are accused of.
- Bail Requirement: If an undertrial has been detained for up to half of the maximum imprisonment specified for the alleged offense, they must be released on bail. This period is reduced to one-third of the maximum imprisonment for first-time offenders.
- Exceptions: The court retains discretion to order continued detention beyond this period if it records reasons in writing after hearing the Public Prosecutor.
Supreme Court’s Intervention:
Recognizing the pressing need to address the issue of overcrowded prisons and ensure the rights of undertrials, the bench of Justices Hima Kohli and Sandeep Mehta of Supreme Court, on August 23, 2024, directed that Section 479 should apply retrospectively. This means that the ruling will benefit all undertrials, irrespective of whether their cases were registered before or after the BNSS came into force on July 1, 2024.
The Court mandated that all undertrials who have completed the stipulated detention period be processed for bail expeditiously, emphasizing that this should be done within three months. This decision reinforces the principle that justice delayed is justice denied, especially in cases where individuals are languishing in jails without conviction.
Implications of the Ruling:
The retrospective application of Section 479 could lead to the release of a substantial number of undertrials, thereby alleviating the burden on overcrowded prisons. This ruling also underscores the judiciary’s proactive role in safeguarding the rights of detainees and ensuring that the legal system does not contribute to unnecessary and prolonged detentions.
The decision is a significant step towards ensuring that undertrials are not held indefinitely without trial. It is a testament to the judiciary’s commitment to upholding the principles of justice and fairness.