The Indian government is taking steps to help undertrial prisoners (UTPs), people who are in jail waiting for their trial to finish. On January 1, 2025, the Ministry of Home Affairs (MHA) told all states and territories to implement a law called Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Here's a simplified explanation:
What is Section 479 of the BNSS? A law designed to help release undertrial prisoners who have been in jail for a long time.
Who does it apply to? People who have been detained for a certain portion of the maximum sentence they could get if they were found guilty.
What are the key parts of the law?
- If someone is accused of a crime that doesn't carry the death penalty and they've been in jail for half of the maximum sentence they could get, they can be released on bail.
- If it's their first time being accused of a crime, they can be released after serving one-third of the maximum sentence.
What are prison authorities required to do? Prison superintendents (the heads of the prisons) must apply to the courts to get eligible prisoners released on bail or bond.
How is the government making sure this law is being used? The MHA is asking states and territories to report on how they are implementing Section 479. They have to provide information on how many first-time UTPs there are and how many have been released.
What has the government done before to address this issue? On Constitution Day (November 26, 2024), the MHA started a campaign to find UTPs who were eligible for release under Section 479 and help them apply.
Key Terms/Acronyms:
- BNSS: Bharatiya Nagarik Suraksha Sanhita (the law).
- UTPs: Undertrial Prisoners.
- MHA: Ministry of Home Affairs.
What are the expected results of this initiative?
- Improve conditions for undertrial prisoners.
- Reduce the number of people held in jail for long periods without a trial.
- Help reform the criminal justice system in India.
In simple terms: The Indian government is trying to help people who are stuck in jail waiting for their trials. A new law allows some of these people to be released on bail if they've already served a significant portion of their potential sentence. The government is making sure that prisons and courts are following this law to reduce overcrowding and ensure that people are not held in jail unfairly.