In a first, the Supreme Court  has decided to apply a new provision retrospectively. This provision is Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which mandates that first-time offenders who have been in prison for at least one-third of the maximum punishment for their alleged crime should be released.

The Supreme Court issued this directive during a public interest litigation (PIL) focused on addressing prison overcrowding in India. The decision is expected to help ease the problem, with the Court emphasizing that the bail process should be expedited and completed ideally within three months. 

What Is The SC Ruling 

The BNSS came into effect in July this year, however the apex court’s ruling mandates that the Section 479 which relates to the “maximum period for which undertrial prisoner can be detained,” be applied to all eligible undertrials, regardless of their arrest or imprisonment date. 

The top court has ordered jail superintendents to expedite bail applications for first-time offenders who have served at least one-third of their maximum sentence. This process must be completed within two months, with results to be reported to the relevant state government department. 

Centre Submits To SC On Prison Relief 

The bench, consisting of Justices Hima Kohli and Sandeep Mehta, issued the order following a statement from Additional Solicitor General Aishwarya Bhati, representing the Centre. Bhati informed the court that Section 479 of the BNSS, which replaces Section 436A of the Code of Criminal Procedure, will apply to all undertrials, regardless of whether the crime was registered before July 1, 2024. 

The decision is expected to help ease the problem, with the Court emphasizing that the bail process should be expedited and completed ideally within three months.