Section 479 of BNSS Would Apply Retrospectively for Undertrials, SC Told

Section 479 in the Bharatiya Nagarik Suraksha Sanhita-2023 replaced section 436A of the Code of Criminal Procedure. The Centre told the apex court that Section 479 of BNSS would apply retrospectively to all undertrials across the country.

New Delhi :The Centre on Friday told the Supreme Court that section 479 in the Bharatiya Nagarik Suraksha Sanhita-2023, which pertains to the "maximum period for which undertrial prisoner can be detained", would apply retrospectively to all undertrials across the country.

Additional solicitor general Aishwarya Bhati, representing the Centre, submitted before a bench comprising justices Hima Kohli and Sandeep Mehta that section 479 of the BNSS, would apply to all undertrials irrespective of the fact that the crime is registered before July 1, 2024. Section 479 has replaced section 436A of the Code of Criminal Procedure.

Against the backdrop of submissions made by Centre’s counsel, the bench directed jail superintendents to process the applications of the undertrials through the courts concerned upon the completion of one-third of the period mentioned in the sub-section of the provision. The bench said that steps should be taken as expeditiously as possible, preferably within three months.

Senior advocate Gaurav Agrawal, amicus curiae in the matter, had earlier submitted before the apex court that section 479 relating to the "maximum period for which undertrial prisoner can be detained" needs to be implemented at the earliest. He had submitted that it will help in addressing overcrowding in prisons.

The top court was hearing a suo moto case regarding the issue of overcrowding in the prisons, and it has been actively monitoring the developments in the issues with overcrowding.

The BNSS, the Bharatiya Nyaya Sanhita and the Bharatiya Sakshya Adhiniyam came into effect on July 1, replacing the British-era Code of Criminal Procedure, Indian Penal Code, and Indian Evidence Act, respectively.