MHA issues advisory to states & UTs to implement Section 479 BNSS for relief of Undertrial Prisoners | Current Affairs | Vision IAS
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    MHA issues advisory to states & UTs to implement Section 479 BNSS for relief of Undertrial Prisoners

    Posted 21 Oct 2024

    2 min read

    The advisory from the Ministry of Home Affairs (MHA), raising the issue of long detention of undertrial prisoners, highlights the recent Supreme Court of India’s order.

    • The order legally mandates the state that Section 479 of Bharatiya Nagarik Suraksha Sanhita (BNSS) applies to all undertrials, irrespective of whether the case was registered before 1st July 2024' (BNSS came into effect).

    Bail Provisions under BNSS for the detainees

    • Regular Cases: Undertrial to be released if detention period reaches half of maximum specified imprisonment.
    • First-Time Offenders: To be released if detention reaches 1/3rd of maximum imprisonment. Not applicable for offenses with death/life imprisonment.

    Undertrials in India 

    • As per National Crime Records Bureau, India’s prisons (It’s a state subject as per the 7th Schedule of the constitution) have a 131.4% occupancy. Around 75% are undertrials (2022).
    • An undertrial prisoner is in prison or judicial custody while the charges against them are tried in court.

    Reasons for high number of Undertrial prisoners in India

    Indiscriminate arrests by police, ignorance of legal rights, delay in trial, reluctance of the courts to grant bail, inability to provide surety.

    Measures taken to alleviate hardships faced by the Undertrials

    • Support to Poor Prisoners Scheme: Provides relief to financially constrained prisoners who cannot pay fines or secure bail bonds.
    • E-prisons portal: Provides data of inmates in a quick and easy manner for identifying eligible inmates for bail.
    • The Model Prison Manual 2016: Detailed guidelines on the facilities which may be provided to undertrial inmates.
    • State Legal Services Authorities have established Legal Service Clinics in Jails to provide free legal assistance.
    • Tags :
    • BNSS
    • Undertrials
    • Section 479 of BNSS

    Articles Sources

    https://ddnews.gov.in/en/mha-urges-states-and-uts-to-implement-bnss-for-undertrial-prisoner-relief/
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