Bharatiya Nagarik Suraksha Sanhita 2023: Important Update On First Time Under Trials

The central government has informed the Supreme Court today that Section 479 of Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) allows courts to grant bail to first-time undertrials, and the same will apply to all the undertrials, irrespective of the case being registered before July 1.

Under Section 479 BNSS, undertrials can be released on bail if they have undergone detention for a period up to one-half of the maximum period of jail time prescribed for the offence.

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The provision states that first-time offenders shall be released if they have undergone detention for a period extending up to one-third of the maximum period specified for the offence under the law.

Notably, the time prescribed under the corresponding provision of the CrPC, Section 436A, was one-half of the maximum period.

The BNSS is the replacement of the Code of Criminal Procedure.

The bench comprising Justices Hima Kohli and Sandeep Mehta was hearing a public interest litigation (PIL) to address the overcrowding issue in prisons in the country.

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Earlier, senior advocate Gaurav Aggarwal had submitted the provision for the same. The bench had called the superintendent of jails in India where the accused individuals are detained to process their applications after the completion of the maximum period of their detention. The process for the same is expected to take three months.