From UPSC perspective, the following things are important :
Prelims level: Section 479 of the BNSS
Why in the News?
The Central Government has directed all States and Union Territories (UTs) to implement Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). This provision seeks to relieve undertrial prisoners (UTPs) by addressing prolonged detention and mitigating prison overcrowding.
What is Section 479 of the BNSS?
- Section 479 governs the maximum period for which an undertrial prisoner (UTP) can be detained during investigation, inquiry, or trial.
- It is based on Section 436-A of the Code of Criminal Procedure, 1973 (CrPC).
- It aims to address the prolonged detention of UTPs, ensure their timely release on bail or bond, and maintain fairness and accountability in the judicial process.
- This section applies to cases where the punishment does not include death or life imprisonment, and introduces clear mechanisms for review and action, thereby mitigating issues like prison overcrowding.
Key Provisions under Section 479 of BNSS:
- Eligibility for Bail: Undertrials (UTPs) who have served half of their maximum possible sentence may be released on bail; the court must provide written reasons if they decide to extend detention after hearing the Public Prosecutor.
- First-Time Offenders: UTPs with no prior convictions who have served one-third of their maximum sentence are eligible for release on bond, aligning with the principle of reformative justice.
- Superintendent’s Responsibility: Jail superintendents must submit a written application to the court for the release of UTPs upon completion of the applicable detention period (one-third or one-half, depending on eligibility).
- Exclusions: The provision does not apply to offences punishable by death or life imprisonment, and any delay caused by the accused is excluded from the detention period calculation.
- Limitations for Multiple Offences: Accused individuals facing multiple offences or multiple charges are not covered, ensuring the provision is not misused in complex or repeated criminal cases.
- Absolute Ceiling on Detention: Detention cannot exceed the maximum imprisonment term prescribed for the offence, preventing indefinite incarceration.
- Judicial Oversight: Courts must ensure extended detention serves public safety and justice, requiring input from the Public Prosecutor for any continued confinement.
- Mandatory Review Mechanism: A statutory review process is in place to prevent prolonged undertrial detention and address potential oversights or delays.
- Safeguard against Misuse: Time delays caused by the accused do not count towards the detention period, ensuring fair application of the law.
- Focus on Reform and Decongestion: By expediting bail and bond processes for eligible UTPs, the law aims to reduce overcrowding in prisons and uphold reformative objectives.
PYQ:[2021] With reference to India, consider the following statements : 1. Judicial custody means an accused is in the custody of the concerned magistrate and such accused is locked up in police station, not in jail. 2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 |
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