India's top court fast-tracks release process of undertrials who served one-third of term

The provision is not applicable to undertrials accused of heinous offences for which the punishment is death or life sentence.

In a relief for undertrial prisoners and first-time offenders, the Supreme Court has said that Section 479 of Bharatiya Nagarik Suraksha Sanhita (BNSS) would be applicable retrospectively across the country. Under Section 479 of BNSS, first-time offenders who have completed one-third of the maximum period of imprisonment as undertrials will be eligible for bail.

The order came while the top court was hearing a plea regarding overcrowding of prisons.

However, the provision is not applicable to undertrials accused of heinous offences for which the punishment is death or life sentence.

A bench of Justices Hima Kohli and Sandeep Mehta on Friday directed the superintendents of jails across the country to process the applications of the eligible undertrials within three months.

"We direct implementation of Section 479 BNSS by calling upon superintendents of jails across countries to process the pleas of the undertrials when they comply with the proviso of this provision. These steps shall be taken as expeditiously as possible, preferably within 3 months," the Supreme Court said.