“BNSS’s Section 479 Would Apply Retrospectively To Undertrials”: Centre Informs SC

The Centre on Friday informed the supreme court that Section 479 of the Bharatiya Nagarik Suraksha Sanhita-2023 (BNSS), which sets the maximum detention period for undertrial prisoners, will apply retroactively.

Additional Solicitor General Aishwarya Bhati stated that this section, which replaces Section 436A of the Code of Criminal Procedure, will cover all undertrials, regardless of when their crime was committed, even if before July 1, 2024.

The BNSS, along with the Bharatiya Nyaya Sanhita and Bharatiya Sakshya Adhiniyam, took effect on July 1, replacing the British-era legal codes.

The Supreme Court directed that jail superintendents process applications for reduced detention periods as soon as one-third of the maximum period has been served, aiming for action within three months.

Senior advocate Gaurav Agrawal, serving as amicus curiae, highlighted that implementing Section 479 urgently would help alleviate prison overcrowding. The court has been addressing this issue since October 2021.

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