First time law offenders to get retrospective BNSS Section 479 benefits

In its newest provision, the Supreme Court has decided that first time law offenders can get retrospective benefits of the section 479 of the Bhartiya Nagrik Suraksha Sanhita (BNSS) if they have finished one-third of their sentence. This step was taken by keeping in mind the situation of prison overcrowding in India.

Decoding the Section 479 of the BNSS 

The Bhartiya Nagrik Suraksha Sanhita (BNSS) now aims to replace the erstwhile Codes of Criminal Procedure. Section 479 of the BNSS maintains that if the law offender is under trial and has been in jail for half of their term, the court can release them on bail. This is, of course, not applicable to crimes and offences that are punishable by life imprisonment or death penalty. The section also includes that first time criminals who have completed one-third of their maximum sentence in prison should be released on bail. The Codes of Criminal Procedure had a similar provision too but that did not include the mention of first-time offenders. 

Although Bhartiya Nagrik Suraksha Sanhita (BNSS) as well as the Bharatiya Nyay Sanhita and Bharatiya Sakshya Sanhita came into effect on 1st July of this year, their implications will be applicable retrospectively too. Cases of first time law offenders who have completed one third of their maximum sentence would be applicable for release on bail too even if their case predates the adoption of the BNSS.

What was the reason for adopting such a policy?

This policy was approved bearing in mind the situation of overcrowding in jails in India. Prisoners often live in grotesque conditions and that defeats the point of prisons as rehabilitation centres. Having a maximum period for which an undertrial prisoner can be locked up provides relief to the congested conditions found in jails. All jail superintendents have been advised by the top court to make adjustments to release such prisoners swiftly. They have also been asked to prepare the applications to release such prisoners within two months so as to unclog the prisons as soon as possible. The courts see this as a landmark step in solving the problem of prison congestion. That was also one of the prime reasons why this law is retrospective in nature so as to reduce the jam packed conditions of prisons at the earliest. For the 1400 jails in India that house over 573,220 prisoners, out of which 434,302 are under trial, this is sure a sign for better living conditions within the prison system.