SC tells jail authorities to process undertrial prisoners’ bail pleas under new criminal law

The Supreme Court on Friday told jail authorities across the country to facilitate the implementation of a provision of the Bharatiya Nagarik Suraksha Sanhita on granting undertrial prisoners bail in certain situations, the Hindustan Times reported.

The court told jail superintendents to process the petitions of prisoners under Section 479 of the Bharatiya Nagarik Suraksha Sanhita, which replaces the Code of Criminal Procedure.

Section 479 says that if undertrial prisoners have been in jail for half of their maximum sentence, courts can release them on bail. The provision, however, does not apply to offences punishable with death or life imprisonment.

Further, the section says that undertrial prisoners who are first-time offenders and have completed one-third of their maximum sentence in prison can also be released on bail.

The Code of Criminal Procedure provided for releasing undertrial prisoners on bail if they had spent half their maximum sentence behind bars, but did not contain the provision on first-time offenders.

On Friday, the Centre told the Supreme Court that the new provision applies to all undertrial prisoners, irrespective of when the first information report was registered, Bar and Bench reported. While the Bharatiya Nagarik Suraksha Sanhita came into force on July 1, the Code of Criminal Procedure will continue to apply to trials that began before that date.

The Supreme Court took note of the Centre’s statement and told jail superintendents to process petitions of undertrial prisoners if they meet the criteria under Section 479 of the Bharatiya Nagarik Suraksha Sanhita.

The court ordered states and Union Territories to file an affidavit stating the number of undertrials for whom the new provision would apply, the number of applications for bail filed, and the number of prisoners released.

The case will be heard again in two months.