In a notable decision on August 23, the Supreme Court ruled that Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaces the Code of Criminal Procedure, will have retrospective effect for undertrials nationwide. This means the provision will be applicable to all undertrials in cases filed before July 1, 2024.

In a notable decision on August 23, the Supreme Court ruled that Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaces the Code of Criminal Procedure, will have retrospective effect for undertrials nationwide. This means the provision will be applicable to all undertrials in cases filed before July 1, 2024.

The proviso to Section 479 of the BNSS introduces a new leniency for first-time offenders who have no prior convictions. According to this proviso, such offenders may be released if they have been detained for up to one-third of the maximum sentence prescribed for their offense. In contrast, the corresponding provision under the previous Code of Criminal Procedure, Section 436A CrPC, stipulated a detention period of up to one-half of the maximum sentence.

In line with this, the Bench of Justices Hima Kohli and Sandeep Mehta directed the superintendents of jails nationwide to process applications from detainees through the relevant courts upon the completion of their maximum detention period. The order emphasized that these actions should be carried out as swiftly as possible, ideally within three months.

The Bench was reviewing a public interest litigation (PIL) aimed at addressing prison overcrowding in India. Senior Advocate Gaurav Aggarwal had argued that implementing the new provision in the BNSS could help alleviate this issue. In response, the Court inquired whether the Act would apply retrospectively. Additional Solicitor General Aishwarya Bhati requested additional time from the Court, leading to the matter being adjourned and subsequently listed for today.

At the commencement of today's proceedings, ASG submitted “I am happy to report that Union of India is also of the view that the provisions has to be given full effect to…It has to apply to any undertrial who has completed upto one-third of the imprisonment and must be considered accordingly.”

“In that view, it is deemed appropriate to direct the implementation of Section 479 of BNSS by calling upon the superintendent of jails across the Country where the accused persons are detained to process their applications through the concerned courts upon the completion of one-third of the period mentioned in sub-section of the provision. Steps shall be taken as expeditiously as possible and preferably within three months.”

The Superintendent must submit the report to their departmental heads within the same timeline, allowing for a comprehensive affidavit to be filed by each State and Union Territory. 

**Case Title:** Re-Inhuman Conditions In 1382 Prisons v. Director General of Prisons and Correctional Services and Ors., W.P.(C) No. 406/2013