Introduction
Often, I come across clients that
are inquisitive not just about the present state of their case but also as to
what can happen in future to them or someone they know, in extreme circumstances
affecting their cases. Amongst these clients many often have the doubt
regarding what would happen if someone who was detained illegally or even
legally by police, does not get the support of any court, (District/ Sessions/High
court/ Supreme Court) and is put behind the bars by the police to satisfy their
ulterior motives for more than what they are charging the accused for? Can this
even happen? Can police do this?
We shall be answering the above questions
and dilemma attached with these questions once and for all in this article, and
I shall be referring all such clients with this question, to this article, for
them to read so that they can come up with new and more advanced litigation
hypothetical problems for me to solve.
Section 479 of the Bhartiya
Nagarik Suraksha Sanhita (BNSS), 2023, is a significant provision that governs
the maximum period for which an undertrial prisoner can be detained and the
conditions under which they can be released on bail. This section replaces
Section 436A of the Code of Criminal Procedure, 1973 (CrPC), and aims to
address issues related to overcrowding in prisons and ensure the protection of
the fundamental rights of undertrial prisoners.
Let us firth go through the
provision itself:
“479. Maximum
period for which undertrial prisoner can be detained.
(1)Where a person has, during the period of investigation, inquiry or trial under this Sanhita of an offence under any law (not being an offence for which the punishment of death or life imprisonment has been specified as one of the punishments under that law) undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the Court on bail: Provided that where such person is a first-time offender (who has never been convicted of any offence in the past) he shall be released on bond by the Court, if he has undergone detention for the period extending up to one-third of the maximum period of imprisonment specified for such offence under that law: Provided further that the Court may, after hearing the Public Prosecutor and for reasons to be recorded by it in writing, order the continued detention of such person for a period longer than one-half of the said period or release him on bail bond instead of his bond: Provided also that no such person shall in any case be detained during the period of investigation, inquiry or trial for more than the maximum period of imprisonment provided for the said offence under that law. Explanation.-In computing the period of detention under this section for granting bail, the period of detention passed due to delay in proceeding caused by the accused shall be excluded.(2)Notwithstanding anything in sub-section (1), and subject to the third proviso thereof, where an investigation, inquiry or trial in more than one offence or in multiple cases are pending against a person, he shall not be released on bail by the Court.(3)The Superintendent of jail, where the accused person is detained, on completion of one-half or one-third of the period mentioned in sub-section (1), as the case may be, shall forthwith make an application in writing to the Court to proceed under sub-section (1) for the release of such person on bail.”
Now let’s probe the key highlights of this provision:
- Maximum Detention Period: Under Section 479(1), an undertrial prisoner who has undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for the offence can be released on bail. For first-time offenders, this period is reduced to one-third of the maximum period of imprisonment.
- Court's Discretion: The court has the discretion to order the continued detention of the undertrial prisoner for a period longer than one-half of the said period or release them on bail bond instead of their bond, after hearing the Public Prosecutor and recording reasons in writing.
- Exclusion of Delay Period: The period of detention due to delay in proceedings caused by the accused is excluded when computing the period of detention for granting bail.
- Multiple Offences: If an investigation, inquiry, or trial in more than one offence or multiple cases is pending against a person, they shall not be released on bail. Also, they shall not be tried with offences for which there is a capital punishment that can be awarded to them, like Life imprisonment and Death Sentence.
- Application by Superintendent of Jail: The Superintendent of Jail must make an application to the court for the release of the undertrial prisoner on bail upon completion of one-half or one-third of the detention period, as applicable.
Significance
Section 479 of BNSS is a crucial tool in addressing the problem of assuring justice in cases where there might have been some sluggish judicial system and overcrowding in prisons. By allowing the release of undertrial prisoners on bail under specific conditions, it helps reduce the burden on the prison system and ensures that the fundamental rights of prisoners are protected. The provision also emphasizes the importance of a speedy trial and aims to prevent the unnecessary detention of undertrial prisoners. It ensures that any person who is being tried with wrong intentions by the police, complainant or any part of the system in order to falsely implicate and make the accused suffer, they shall not succeed in their intentions.
Challenges and Ambiguities
While Section 479 of BNSS
introduces more lenient provisions for the release of undertrial prisoners, it
also comes with certain ambiguities and restrictions. For instance, the
non-obstante clause in sub-section (2) states that an undertrial shall not be
released on bail if multiple cases or offences are pending against them. This
restriction was not present in the former Section 436A of the CrPC.
In a recent Judgement Writ Petition (CIVIL) No 406 Of 2013, the Hon’ble Supreme Court of India had commented on the use of this provision by the people responsible to for effective use of this section. The Hon’ble apex court commented on the situation of various states in India and their prisoners in the jails of such states. The Hon’ble Apex court also made comments analysing the overcrowding situation in these states and made recommendations and suggestions for the states and ordered for use of the provision by all the persons made accountable to use this provision without any application by the undertrial prisoner and assure relief for him at the earliest, without fail. A link to the judgement is attached to this article blog post.
Conclusion
Section 479 of BNSS, 2023, is the
answer to all these hypothetical scenarios where the accused gets imprisonment for
an unspecified amount of time. This Section in itself makes it impossible for
any person to put the accused behind bars for time, that is not specified or
which exceeds the offence for which he is charged with. The provisions represent
a significant step towards modernizing and adapting the criminal justice system
to better protect the rights of undertrial prisoners.
By providing a clear framework
for the release of undertrial prisoners on bail, it aims to address the issue
of overcrowding in prisons and ensure that the fundamental rights of prisoners
are upheld. However, the provision also requires careful interpretation and
application to avoid any potential misuse or undue denial of bail to eligible
undertrial prisoners and the Hon’ble courts are entrusted with the task to make
use of the provision to realise the reasons for which the provision has been
incorporated in the Sanhita.
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Sources/ References:
https://indiankanoon.org/doc/87702491/
https://api.sci.gov.in/supremecourt/2013/18545/18545_2013_10_2_53238_Judgement_14-May-2024.pdf
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Related Blogs:
Perspective Dive: State of Undertrial Prisoners in India
Default Bail Explained: Your Rights and Options
1. Conditions Apply: What You Need to Know About Anticipatory Bail
1. Habeas Corpus Lite: Understanding Section 100 BNSS
Compensation for Wrongful Arrests: BNSS Section 399 Explained
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advice. Consult a qualified legal professional for specific cases.
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