Supreme Court Applies Section 479 Retroactively

The Supreme Court of India has ruled that Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) will apply retrospectively, allowing first-time undertrial offenders who have completed one-third of their maximum imprisonment period to be eligible for bail. This provision, which replaces Section 436A of the Criminal Procedure Code, is aimed at addressing prison overcrowding and applies to cases registered before July 1, 2024. However, it does not extend to those accused of heinous crimes, punishable by death or life imprisonment. The Supreme Court has directed jail superintendents to process the applications of eligible undertrials within two to three months. States and Union Territories are required to submit data on the number of eligible undertrials. The matter will be reviewed again in two months.