Supreme Court Fast-Tracks Process For Release Of Undertrials Who Served One-Third Of Term Under New Criminal Laws

The Supreme Court has directed to fast-track the premature release of undertrials and first-time offenders who have completed half or one-third of their maximum sentence under the Bharatiya Nagarik Suraksha Sanhita-2023’s section 479, which relates to the “maximum period for which undertrial prisoner can be detained”.

A bench of Justices Hima Kohli and Sandeep Mehta on Friday directed the implementation of the Section 479 of the BNSS which would apply retrospectively to undertrials across the country. The top court also ordered the superintendents of jails across the country to process the applications of the eligible undertrials within three months.

“We direct implementation of Section 479 BNSS by calling upon superintendents of jails across countries to process the pleas of the undertrials when they comply with the proviso of this provision. These steps shall be taken as expeditiously as possible, preferably within 3 months,” the Supreme Court said.