Today(on 23rd August),The Government of India informed the Supreme Court that Section 479 of the BNSS-2023, which limits the detention period for undertrial prisoners, will be applied retrospectively across the country. This could significantly affect the handling of undertrials, regardless of when their cases were registered.
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NEW DELHI: The Government of India informed the Supreme Court today(on 23rd August), that Section 479 of the Bharatiya Nagarik Suraksha Sanhita-2023 (BNSS-2023), which concerns the “maximum period for which an undertrial prisoner can be detained,” will be applied retrospectively across the country. This new provision is expected to impact the detention duration of undertrials, regardless of when the crime was registered, and could lead to significant changes in how undertrials are managed in India’s judicial system.
Section 479: A Retrospective Provision
The clarification was made by Additional Solicitor General Aishwarya Bhati, representing the Central Government, before a bench comprising Justices Hima Kohli and Sandeep Mehta. Bhati emphasized that Section 479 of the BNSS, which replaces Section 436A of the Code of Criminal Procedure,-
“will apply to all undertrials regardless of whether the crime was registered before July 1, 2024.”
This clarification suggests that the new provision has a retrospective effect, thereby impacting cases registered even before the enforcement of the BNSS-2023.
Introduction of New Legal Codes
The BNSS-2023, along with the Bharatiya Nyaya Sanhita and the Bharatiya Sakshya Adhiniyam, came into effect on July 1, 2024, marking the replacement of the British-era legal codes, namely the Code of Criminal Procedure, the Indian Penal Code, and the Indian Evidence Act, respectively. This overhaul of the criminal justice system is part of the government’s broader efforts to modernize the legal framework and make it more relevant to contemporary needs.
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The Supreme Court, taking note of the government’s submission, issued a directive to jail superintendents across the country. The directive mandates that these officials process the applications of undertrial prisoners through the courts concerned upon the completion of one-third of the period mentioned in sub-section of Section 479.
The Court stressed the need for swift action, stating that-
“Steps should be taken as quickly as possible, ideally within three months.”
This order is expected to expedite the processing of cases involving undertrials and reduce unnecessary delays in their judicial proceedings.
Addressing Prison Overcrowding
Senior advocate Gaurav Agrawal, who serves as amicus curiae in the case, previously underscored the importance of implementing Section 479 without delay. Agrawal pointed out that the provision concerning the “maximum period for which undertrial prisoner can be detained” could play a crucial role in addressing the issue of prison overcrowding in India. His argument aligns with the ongoing efforts of the Supreme Court to tackle this pervasive problem, which has been under the Court’s active scrutiny since October 2021, when it took Suo motu cognizance of the issue.
The Supreme Court’s involvement in prison reform is part of its broader commitment to ensuring that the rights of undertrial prisoners are protected and that the criminal justice system operates efficiently. With the retrospective application of Section 479, there is hope that the duration of undertrial detention will be curtailed, leading to a reduction in the population of undertrials languishing in overcrowded jails.