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The Supreme Court of the country says that the section of the Indian
Civil Security Code (BNSS) will also be applicable to those undertrial
prisoners across the country, against whom cases have been registered before
July 1, 2024. The court has given this order while hearing a PIL filed
regarding overcrowding in jails.
The Supreme Court, while giving its verdict on a PIL related to
overcrowding in jails, said that Section 479 of the Indian Civil Security Code
will also be applicable to those undertrial prisoners across the country,
against whom cases have been registered before July 1, 2024. The issue of
overcrowding in these jails can be resolved to some extent.
What is Section 479 of BNSS
According to Section 479 of BNSS, those undertrial prisoners can be
released on bail who have spent half the maximum period of punishment for the
crime in custody. Under this, there is also a provision that if the undertrial
prisoner has not been convicted of any crime earlier, then he can be granted
bail after serving 1/3 of the maximum sentence for that crime in jail.
The capacity of prisoners in jails will decrease rapidly!
And new laws have come into force across the country from July 1, 2024. However, the Supreme Court has clarified that the provisions of bail under Section 479 of BNSS will also be considered applicable to those arrested before July 1. That is, it will also have a retrospective or ghost targeted effect.