Center asks states to execute BNSS Section 479 to secure relief for undertrial detainees

NEW DELHI The Union Home Ministry has asked all states and union territories to vigorously implement Section 479 of the Bharatiya Nagarik Suraksha Sanhita. This part of the BNSS seeks to release on bond undertrial offenders who have been imprisoned for half of the maximum sentence for their offense.

In a letter to chief secretaries, directors general, and inspectors general of prison facilities in all states and union territories, the ministry stated that Section 479 requires the superintendent of a prison to file an application before the concerned court for the release of eligible undertrial prisoners on bail. The clause states that undertrial inmates who have been detained for half of the maximum length of imprisonment authorized for the offence will be freed on bail by the court.

For first-time offenders, the provision applies after serving one-third of the maximum sentence. Citing previous recommendations for its implementation, the ministry reaffirmed that the provisions of Section 479 of the BNSS can play an important role in alleviating the lengthy detention of undertrial convicts and decreasing prison congestion.