West Bengal, Uttar Pradesh, Madhya Pradesh Release Maximum Undertrial Prisoners Serving Long Detention: Centre
The Ministry of Home Affairs had asked States/Union Territories to facilitate release on bail for undertrial prisoners serving prolonged detention to address jail overcrowding problem.
Published : April 2, 2025 at 6:11 PM IST
New Delhi: West Bengal, Uttar Pradesh and Madhya Pradesh have released the maximum number of undertrial prisoners under Section 479(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the Home Ministry has informed in the Lok Sabha on Wednesday.
“On the occasion of Constitution Day on November 26 last, the Ministry of Home Affairs had launched a 'Special Campaign', under which the States and Union Territories (UTs) were requested to identify eligible undertrial prisoners under the provisions of Section 479 of BNSS and move their applications to the concerned Courts for their release on bail and bond. As many as 951 eligible prisoners were identified and 334 were granted bail by the Court under the provisions of Section 479 of BNSS upto November 26, 2024,” said Bandi Sanjay Kumar, Minister of State for Home in the Rajya Sabha.
West Bengal with 98 tops the list of States in releasing maximum undertrial prisoners followed by Uttar Pradesh (51) and Madhya Pradesh (37). Bihar and Delhi released 28 undertrial prisoners each whereas Maharashtra released 22 and Jharkhand 14.
Section 479 (1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which has come into force with effect from July 1, 2024, provides that if a person, during investigation, enquiry or trial 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), has undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence, he shall be released by the Court on bail.
“In case of a first-time offender, such a prisoner shall be released on bond by the Court, if he has undergone detention for a period extending up to one-third of the maximum period of imprisonment specified for such offence,” Kumar said.
The Ministry of Home Affairs has issued an advisory to the States and Union Territories on January 1 this year informing them that release of eligible undertrial prisoners on the occasion of Constitution Day was not a one-time exercise and the States and UTs need to take full advantage of the provisions of Section 479 of BNSS and provide the benefit of the same to all eligible undertrial prisoners on a continuous basis.
“This can go a long way in mitigating the situation of long detention faced by undertrial prisoners and will also address the issue of overcrowding in prisons,” Kumar said.
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