Saturday, March 29, 2025
New Delhi:
The Union Ministry of Home Affairs has instructed all states and Union Territories to fully implement Section 479 of the Bharatiya Nyaya Sanhita (BNS), which provides guidelines for the release of undertrial prisoners on bail.
This provision applies to those undertrials who have already spent half of the maximum sentence prescribed for their alleged crime in jail without a verdict. For first-time offenders, this rule applies after they have served one-third of the maximum sentence in custody.
In a letter addressed to Chief Secretaries, as well as Directors General and Inspectors General of Prisons, the Ministry emphasized that Section 479(3) imposes a direct responsibility on jail superintendents to file applications in court for the release of eligible undertrial prisoners on bail.
The Ministry further highlighted that the enforcement of this provision is essential to address prolonged detention of undertrials and reduce overcrowding in jails. It reminded the states that repeated requests had been made in the past to implement these reforms.
The Ministry has also mandated that jail authorities must submit monthly progress reports to the Home Ministry in the prescribed format, detailing the number of eligible prisoners and the actions taken for their release.
There are two broad categories of prisoners:
Convicts – those who have been found guilty by a court and sentenced.
Undertrials – those who are accused but not yet convicted, often kept in custody due to the seriousness of the crime, lack of evidence, or absence of witnesses. Many remain in jail for years due to delays in the judicial process.
