MHA’s New Advisory for Undertrial Prisoners
The Ministry of Home Affairs (MHA) in India has issued an advisory to all states and Union Territories to implement Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). This section allows for the release on bail of undertrial prisoners who have served significant detention periods, especially first-time offenders.
Key Provisions of Section 479
Under Section 479, prisoners who have been detained for up to half the maximum imprisonment period may be released on bail. For first-time offenders, this period is reduced to one-third. The advisory also highlights a Supreme Court order that these provisions apply retroactively to all undertrials.
Role of Prison Authorities
Prison authorities are responsible for applying for bail for eligible prisoners. The MHA has enhanced the national E-Prisons portal to help identify these inmates quickly. The advisory also reminds states of the “Support to Poor Prisoners” scheme to aid financially disadvantaged individuals in securing bail.
Addressing Prison Overcrowding
The MHA’s measures aim to alleviate prison overcrowding and improve the situation for undertrial prisoners. States and UTs are urged to engage actively with these new provisions for effective implementation.
Doubts Revealed
MHA -: MHA stands for the Ministry of Home Affairs, which is a part of the Indian government responsible for internal security and domestic policy.
Undertrial Prisoners -: Undertrial prisoners are people who have been accused of a crime and are in jail while they wait for their trial to happen. They have not been proven guilty yet.
Bharatiya Nagarik Suraksha Sanhita, 2023 -: This is a new set of laws in India aimed at improving the safety and rights of citizens, including rules about how prisoners are treated.
Section 479 -: Section 479 is a specific part of the Bharatiya Nagarik Suraksha Sanhita, 2023, which talks about giving bail to undertrial prisoners who have been in jail for a long time without a trial.
E-Prisons portal -: The E-Prisons portal is an online system used in India to keep track of information about prisoners, helping officials manage prisons better.
Supreme Court -: The Supreme Court is the highest court in India. It makes important decisions that affect the whole country, including how laws should be applied.
Retroactive application -: Retroactive application means that a new law or rule is applied to situations or actions that happened before the law was made.