Jail Superintendents Must Prioritize Identifying Women Prisoners Eligible for Release Under Section 479 of BNSS : Supreme Court
The Supreme Court, in In Re-Inhuman Conditions in 1382 Prisons, directed Jail Superintendents to prioritize identifying women prisoners eligible for release under Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Section 479, which applies retrospectively to undertrials in cases registered before July 1, 2024, mandates the release of undertrials who have served half their maximum sentence, with exceptions for heinous crimes. First-time offenders may qualify after serving one-third of their sentence.
A bench comprising Justices Hrishikesh Roy and SVN Bhatti instructed Jail Superintendents to update records to avoid discrepancies, especially for prisoners whose charges may have been reduced to lesser offenses. The Court criticized states like Uttar Pradesh, Bihar, Tripura, and Goa for failing to implement Section 479 despite prior orders, emphasizing its role in reducing prison overcrowding.
The Court reviewed progress based on inputs from Amicus Curiae Gaurav Agrawal and NALSA counsel Rashmi Nandakumar, identifying key issues: accurate identification of eligible undertrials, timely referral of cases to courts, and follow-up for release orders. Uniform reporting formats were mandated for states to ensure clarity, with West Bengal and Uttar Pradesh highlighted as examples of compliance.
District Undertrial Review Committees (UTRCs) were directed to collaborate with Jail Superintendents, District Legal Services Authorities (DLSAs), and State Legal Services Authorities (SLSAs) for ongoing updates. Non-compliant states were given two weeks to respond, with the next hearing scheduled for December 10, 2024.