MHA asks states to take steps for decreasing overcrowding in prisons | India Information

The Part 479 of the BNSS states that when an individual has, through the interval of investigation, inquiry or trial of an offence underneath any regulation (not being an offence for which the punishment of dying or life imprisonment has been specified as one of many punishments underneath that regulation) undergone detention for a interval extending as much as one-half of the utmost interval of imprisonment specified for that offence underneath that regulation, he shall be launched by the court docket on bail.

“In case of first-time offenders, such prisoners shall be launched on bond by the court docket, if they’ve undergone detention for a interval extending as much as one-third of the utmost interval of imprisonment for that offence. Additional, Part 479 (3) of the BNSS casts a selected duty on the Superintendent of the Jail to make an utility to the involved court docket for launch of aforementioned undertrial prisoners on bail/bond,” the communication stated.

The ministry stated it had issued an advisory to the states and union territories on the problem on October 16, 2024 and had requested them to offer the advantage of the provisions of Part 479 of BNSS to all eligible prisoners and have their bail functions filed within the court docket accordingly.

It stated on the event of Structure Day i.e. November 26, 2024, the house ministry had launched a particular marketing campaign underneath which all of the states and union territories have been requested… to determine eligible prisoners underneath the provisions of the Part 479 of BNSS and transfer their functions to the involved courts for his or her launch on bail/bond.

Union Residence Minister Amit Shah had additionally despatched a letter to chief ministers of all states and Union territories on this regard. The states and Union territories had actively participated on this train and had furnished the small print of the variety of prisoners who benefitted from the provisions of Part 479 of BNSS as much as November 26, 2024.

Nonetheless, the ministry has conveyed to the states that it was not a one-time train and the states and Union territories must reap the benefits of the provisions of Part 479 of BNSS and supply the advantage of the identical to all eligible prisoners on a steady foundation.

“The states and UTs are requested to offer particulars, as within the hooked up proforma, for the interval November 27, 2024 to December 31, 2024, on pressing foundation, whereafter a month-to-month report, even a NIL report, is to be offered to this ministry within the prescribed proforma, ranging from January 1, 2025,” the communication stated.

The house minister stated the provisions of Part 479 of BNSS can go a great distance in mitigating the scenario of lengthy detention confronted by undertrial prisoners and may also deal with the problem of overcrowding in prisons.

“It’s, subsequently, anticipated that every one states and UTs will cooperate within the matter and can advise the involved jail authorities for taking obligatory motion within the matter and to furnish the specified info to MHA in a well timed method,” it stated.