MHA Calls for Swift Implementation of Bail Reforms in Prisons

The Ministry of Home Affairs urges states and Union Territories to adopt Section 479 of the BNSS, 2023, facilitating bail for undertrial prisoners. This move, emphasized through an advisory, also stresses the use of the E-Prisons portal to identify eligible inmates and alleviate overcrowding in prisons.

The Ministry of Home Affairs (MHA) has issued a directive encouraging all states and Union Territories to implement Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). This measure aims to offer significant relief to undertrial prisoners by allowing the release on bail of those who have served prolonged detention periods, particularly focusing on first-time offenders.

In its advisory, the MHA outlined the onus on prison authorities to actively apply for bail and highlighted the importance of using the national E-Prisons portal to identify inmates eligible for release. Additionally, the MHA urged states to leverage financial aid schemes for indigent prisoners, aiming to mitigate overcrowding in detention facilities.

The advisory, addressed to Chief Secretaries and prison leaders, underscores the issue of prison overcrowding and prolonged detention of individuals awaiting trial. According to Section 479, inmates detained for up to half the maximum imprisonment can be bailed, with first-time offenders eligible after one-third of their term. This move, backed by a Supreme Court order, applies retroactively, instructing Superintendents of Prisons to expedite bail applications for eligible inmates using the enhanced E-Prisons portal.

(With inputs from agencies.)