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Supreme Court’s Decision to Reduce India’s Prisoner Load
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Context
The Supreme Court's recent decision to grant bail to first-time offenders and others based on the new Section 479 of the BharatiyaNagarik Suraksha Sanhita (BNSS) has garnered significant attention. This measure aims to address the overcrowding in Indian prisons, where over 75% of inmates were undertrial prisoners as of 2022. The ruling marks a crucial step in implementing the reformed BNSS and alleviates the burden on the prison system.
Implementation of Section 479 BNSS
- Bail for First-Time Offenders: Section 479 of the BNSS allows bail for first-time offenders if they have served one-third of the maximum potential imprisonment. This applies to all first-time offenders, including those arrested before BNSS was implemented.
- Eligibility for Other Prisoners: Not only first-time offenders but also those who have served half of their maximum sentence are eligible for bail, except those accused of serious crimes punishable by life imprisonment or death.
- Administrative Directives: The Centre has instructed prison superintendents to process bail proceedings for eligible prisoners within two months and report to the court. States and Union Territories are similarly required to report the outcomes of these actions within the same timeframe.
Impact and Implications
- Relief for Underprivileged Prisoners: The ruling is expected to significantly benefit underprivileged undertrial prisoners who often lack legal representation and awareness of their rights, aiding in their social rehabilitation.
- Accountability and Compliance: The two-month deadline for processing bail applications and reporting ensures accountability among prison authorities and state governments, facilitating the effective implementation of the law.
- Symbolic and Practical Benefits: The Supreme Court's decision symbolizes a positive application of legal reforms, providing hope and the prospect of reuniting undertrial prisoners with their families, particularly during significant festivals like Diwali.
Practice Question
It is often said that the true character of a nation is revealed not by the way it treats its most privileged citizens, but by how it treats those at the bottom of its social ladder. Comment
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