The Supreme Court recently said that some first-time offenders shall be entitled to bail under Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Key provisions for first time offenders under BNSS:
- The Bharatiya Nagarik Suraksha Sanhita (BNSS) replaced the Code of Criminal Procedure (CrPC) on July 1, 2024.
- Section 479 of BNSS states that undertrials who have spent at least half of the maximum prescribed sentence for their offense in detention are entitled to bail.
- For first time offenders, Section 479 reduces this requirement to one-third of the maximum prescribed sentence.
- It says that those who have completed one-third of the maximum sentence prescribed under the law for the offence, can be released on bail.
- The beneficial provision does not apply to offences where the punishment is life imprisonment or death.
- The provision under Section 479 excludes offenses punishable by life imprisonment or death.
- The Supreme Court recently upheld the retrospective application of Section 479, allowing its benefits to apply to cases prior to July 1, 2024.
- A bench issued this order while hearing a Public Interest Litigation (PIL) concerning overcrowding in prisons.
- The Central Government has supported the retrospective application of Section 479, it would
- Additional Solicitor General affirmed the Union of India’s view that the provision should be applied to all eligible undertrials who have completed the requisite detention period.
- The Supreme Court directed jail superintendents to process bail applications of eligible undertrials through the courts within three months.
Ref: Source
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Frequently Asked Question:
What is the Bharatiya Nagarik Suraksha Sanhita (BNSS)?
The BNSS is a legislative framework that replaced the Code of Criminal Procedure (CrPC) on July 1, 2024. It outlines various legal procedures and provisions related to criminal justice and law enforcement in India.
What does Section 479 of BNSS provide for undertrials?
Section 479 of BNSS provides that undertrials who have spent at least half of the maximum prescribed sentence for their offense in detention are entitled to bail.
How does Section 479 benefit first-time offenders?
For first-time offenders, Section 479 reduces the detention period required for bail from half of the maximum sentence to one-third of the maximum sentence.
Are there any offenses excluded from the provisions of Section 479?
Yes, the provisions of Section 479 do not apply to offenses punishable by life imprisonment or death. This exclusion ensures that serious offenses with the most severe penalties are not covered under this bail provision.