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Supreme Court: An undertrial prisoner is an accused who is kept in judicial custody until the court hearing of the case is completed and the result is out. The Supreme Court has approved the provision of bail under a new law made by the government for such prisoners under section (BNSS497) of the Indian Penal Code.
What is BNSS 479: The Indian Penal Code (IPC) has been replaced by the Indian Judicial Code (BNSS). The new laws claim that justice will be delivered in less time than before. The burden of pending cases will be reduced. Undertrial prisoners will get relief (fast track release of undertrial). The way for the release of prisoners jailed for less serious crimes will be cleared. In this connection, the Supreme Court has given relief to old undertrial prisoners lodged in jails for a long time and cleared the way for their bail. SC has also ordered the implementation of Section 479 of BNSS on undertrial prisoners. After the central government clarified the situation, the bench of Justice Hima Kohli and Justice Sandeep Mehta gave the green signal to their bail in its decision.
Big relief to undertrial prisoners
The issue of immediate release of undertrial prisoners who commit crimes for the first time under the new law has become a headline in the whole country. Most of the jails in India have more prisoners than their capacity. The number of undertrial prisoners is also increasing continuously. These are the people who were arrested in some criminal case but their case is still going on in the court i.e. the verdict has not come. There are many such undertrial prisoners who are in jail for a long time without being proven guilty due to not getting justice at the right time. Now all of them are going to get relief.
These terms and conditions still apply
Under section 479, there is a provision to grant bail to those accused who are caught for the first time and have served one-third of their sentence. After the situation becomes clear on this, now the accused who are caught for the first time in crime and have served one-third of their sentence will get bail. This section says that if an undertrial prisoner who commits a crime for the first time serves one-third of the maximum sentence given for the crime imposed under that law, then the court will release him on bond. If an undertrial prisoner accused of any crime other than life imprisonment and death penalty serves half of the total sentence, then the court will release him on bail.
