On October 22, the Supreme Court of India called upon states and union territories to take proactive measures for the release of eligible undertrial prisoners under Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The Court expressed concern over the insufficient implementation of this provision, which sets the maximum period for which undertrial prisoners can be detained.

Supreme Court’s Observations on Section 479 of the BNSS

The BNSS, 2023, a significant piece of legislation aimed at protecting the rights of citizens, includes provisions designed to prevent excessive pre-trial detention. Section 479, in particular, is meant to ensure that undertrial prisoners do not remain in jail for periods longer than what is legally permissible, promoting a fairer and more humane criminal justice system.

Despite these safeguards, the Supreme Court highlighted that a "cursory examination" of reports from some states and union territories revealed deficiencies in identifying and releasing eligible undertrial prisoners. This failure has raised concerns over the effectiveness of the current implementation and the need for a more diligent approach by state and local authorities.

Impact of Prolonged Detention on Undertrial Prisoners

Prolonged detention without trial has been a persistent issue in India’s criminal justice system. Overcrowded prisons and delayed trials result in many individuals spending more time behind bars than they would have if convicted. The introduction of Section 479 of the BNSS was intended to address this problem by setting clear guidelines for the maximum period of detention for undertrials, thereby preventing indefinite incarceration without a final verdict.

However, the Supreme Court’s recent observations indicate that the intended relief is not reaching all those it was meant to benefit. The Court’s directive underscores the urgency of identifying eligible prisoners and facilitating their release, ensuring that the justice system does not punish individuals without due process.

Supreme Court’s Call for Action

The Supreme Court’s directive is a reminder to states and union territories that compliance with Section 479 is not optional but mandatory. The Court has urged authorities to establish a systematic and proactive mechanism to identify undertrial prisoners who are entitled to release under this provision. This requires cooperation between prison officials, legal aid services, and the judiciary to ensure that no eligible undertrial prisoner remains incarcerated longer than necessary.

Towards a More Equitable Justice System

The Supreme Court’s intervention is a step toward a more equitable justice system, emphasizing that the rights of undertrial prisoners must be protected. By urging states and union territories to adhere to Section 479, the Court aims to reduce unnecessary detention and promote a fairer criminal justice framework. The call for proactive action is not just a matter of compliance but a commitment to upholding the constitutional rights of all individuals, even those awaiting trial.

The upcoming actions by states and UTs in response to this directive will be crucial in determining the success of the BNSS’s objectives, ensuring that the principles of justice and fairness are not only legislated but also practiced.