MHA Calls for Strict Implementation of Section 479 of BNSS
New Delhi, January 1, 2025
The Ministry of Home Affairs (MHA) has issued an important directive to all States and Union Territories (UTs) regarding the implementation of Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), aimed at providing relief to undertrial prisoners. The directive, communicated through letter V-17013/20/2024-PR, has been sent to Chief Secretaries and Directors General/Inspectors General of Prisons and Correctional Services across India.
Key Provisions of Section 479 of BNSS, 2023
According to Section 479 of BNSS, undertrial prisoners who have undergone detention for:
Half of the maximum imprisonment period for their offence (except those facing life imprisonment or the death penalty) shall be released on bail.
One-third of the maximum period of imprisonment (for first-time offenders) shall be released on bond.
Additionally, Section 479(3) mandates prison authorities to proactively file applications in the concerned courts to facilitate these releases.
Government’s Special Campaign for Undertrial Prisoners
The MHA had earlier issued an advisory on October 16, 2024, instructing all States and UTs to implement Section 479 and ensure that eligible prisoners benefit from the provisions. Subsequently, a Special Campaign was launched on Constitution Day (November 26, 2024), urging authorities to:
Identify eligible undertrial prisoners.
File bail/bond applications in courts for their release.
Expedite the legal process to provide relief.
Union Home Minister had personally written to the Chief Ministers of all States/UTs for active participation in this initiative. Reports from different States and UTs confirmed significant progress, with numerous prisoners benefiting from the campaign by November 26, 2024.
Implications of the Directive
This move aligns with the government’s commitment to reducing overcrowding in prisons and ensuring justice for undertrial prisoners. The strict implementation of BNSS, 2023 is expected to:
Decongest prisons, which often house a large number of undertrials for extended periods.
Reduce delays in the justice system by fast-tracking bail applications.
Promote legal awareness among prisoners regarding their rights.
With this latest directive, the MHA has reaffirmed its focus on criminal justice reforms and has urged prison authorities across India to take immediate action in compliance with the BNSS provisions.
