Sep 02, 2024 09:08 PM IST
Effective implementation of Section 479 needs proactive measures
The Supreme Court recently extended the benefit of Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) to all undertrials, including persons whose cases were registered before the new criminal laws came into force on July 1, 2024, offering hope to 4.3 lakh prisoners in the country. This order came in the Inhuman Conditions in the 1382 Prisons case on August 23, 2024.
Section 479 is aimed at preventing unnecessary and prolonged detention of prisoners, an issue that has plagued India’s criminal justice system for decades. It defines the maximum period for which a prisoner can be detained pending trial and corresponds to Section 436A of the now-repealed Code of Criminal Procedure, 1973 (CrPC). This section continues to proscribe the detention of any undertrial for more than the maximum period of imprisonment prescribed for the said offence. It stipulates the release of a person who has — during the period of investigation, inquiry, or trial for an offence not punishable with death or life imprisonment — undergone detention for a period extending up to half of the maximum period of imprisonment specified for that offence, on bail by the court.
A significant addition compared to the earlier CrPC regime, via Section 479 of BNSS, is the provision for release of first-time offenders upon completion of one-third of the maximum period of imprisonment, which, pursuant to the Supreme Court directive, is a benefit that can be availed by all undertrial prisoners retrospectively. Section 479 now casts a duty upon the prison superintendent where the accused is detained to make the necessary application to the court for release on bail. To ensure implementation, the apex court has directed all the superintendents to submit the pleas of eligible prisoners within two months, and then submit a compliance report. The SC has also directed the District and Sessions Judges who are in charge of the Under Trial Review Committees [UTRCs are constituted in every district of India for conducting quarterly reviews of cases of undertrial prisoners], to ensure compliance with this order.
The effective implementation of Section 479 of BNSS is a beacon of hope for the lakhs of prisoners across India. There are several benefits. First, a reduction in the percentage of undertrial prisoners. As per the Prison Statistics India Report 2022 (PSI 2022), of the 5,73,220 total prisoners in India, 75.8% (4,34,302) are undertrials. India stands sixth in the world on the share of undertrial prisoners in the prison population, and statistics indicate that there has been an increase of 40.7% in its undertrial prisoner population over the last five years. As per Section 479 of BNSS, a higher number of prisoners would be eligible for release on bail on completion of one-third or half or maximum period of imprisonment, resulting in a reduction in the percentage of undertrial prisoners.
Second, it promises a reduction in the period of detention pending completion of the trial. As per PSI, in the last decade, the proportion of undertrial prisoners confined for three to five years has almost doubled, whereas the proportion of undertrial prisoners confined in prison for a period of up to one year fell by 8 percentage points. With Section 479 permitting release on bail for first-time offenders having completed one-third of the maximum sentence, the overall period of detention of prisoners may decrease.
Third, there would be a decrease in prison overcrowding. The high proportion of undertrial prisoners is one of the primary reasons for prison overcrowding (current average prison occupancy is 131.4%), with many prisons experiencing high occupancy rates of over 200%. Thus, a decrease in prison population would ease prison overcrowding.
The fourth and most crucial benefit is that the implementation of Section 479 will uphold the principle of innocence. It is a well-established principle that a person is considered innocent until proven guilty. However, thousands spend years in prison, serving a de facto sentence, only to be acquitted later. With a recidivism rate of 7.7% among persons arrested and 1.9% among convicts in prisons in 2022, the majority of prisoners would now be eligible for release on completion of one-third of the maximum punishment. Thus, individuals would spend less time in detention till the court determines their innocence or guilt.
Effective implementation of Section 479 needs proactive measures. For instance, after the insertion of Section 436A in the CrPC in 2005, numerous efforts, including directives by the Supreme Court, issuance of advisories by the ministry of home affairs, inclusion as a category of review by the Under Trial Review Committees (UTRCs) — UTRCs are constituted in every district of India for conducting quarterly review of cases of undertrial prisoners — automated prisoner detection modules in the prison management software, etc, were made, resulting in thousands availing its benefits in the last decade. Similar actions are needed to ensure the implementation of Section 479 BNSS in its true letter and spirit to ensure that no person remains in prison longer than necessary.
Madhurima Dhanuka is a lawyer and expert on prison reforms. She has been associated with the Prison Reforms Programme at the Commonwealth Human Rights Initiative since 2008. The views expressed are personal
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