Supreme Court Advocates Special Focus on Women Prisoners Under Section 479 BNSS 2023

The Supreme Court of India, in a landmark order dated November 19, 2024, directed jail authorities to take proactive measures in identifying women prisoners eligible for release under Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. This direction forms part of a broader effort to address issues of overcrowding in Indian prisons and ensure justice for undertrial prisoners.

Key Highlights of the Supreme Court’s Order

1. Focus on Women Prisoners: The bench of Justice Hrishikesh Roy and Justice SVN Bhatti emphasized special efforts to identify women prisoners eligible for release under Section 479. While the provision is gender-neutral, the Court underscored the importance of paying personal attention to women undertrials, acknowledging their unique vulnerabilities within the justice system.
2. Updating Jail Records: The Court directed authorities to update jail records to accurately reflect changes in charges against prisoners. For instance, undertrials initially charged with heinous crimes might later face lesser charges upon the framing of charges, potentially qualifying them for release under Section 479.
3. Retrospective Implementation of Section 479: Section 479, which aims to prevent prolonged incarceration, applies retrospectively to undertrials in cases registered before July 1, 2024. This provision mandates release for:
   • Undertrials who have served half the maximum sentence prescribed for their alleged offenses (excluding heinous crimes punishable by life imprisonment or the death penalty).
   • First-time offenders with no prior convictions, eligible for release after serving one-third of the maximum sentence.
4. Criticism of Non-Compliant States: The Court expressed disappointment over the non-compliance of states like Uttar Pradesh, Bihar, Tripura, and Goa in implementing Section 479. Despite prior communication, these states failed to file responses, reflecting negligence in ensuring the benefits reach eligible prisoners.
5. Uniform Reporting Standards: The bench directed states and union territories to submit uniform reports to streamline the review process. The reports must include comprehensive data, such as the name of the prison, crime details, time served, and reasons for denial of bail.

The Role of Section 479 in Addressing Prison Overcrowding

Section 479 of the BNSS was introduced as a progressive step to alleviate overcrowding in prisons. The provision focuses on granting early release to undertrials based on specific eligibility criteria, thereby balancing the rights of prisoners with public safety concerns.

Key Features of Section 479:

1. Eligibility Criteria:
   • Release for undertrials serving over half their maximum sentence.
   • First-time offenders eligible after serving one-third of their maximum sentence.
   • Excludes prisoners charged with heinous crimes punishable by life imprisonment or death.
2. Jail Superintendent’s Responsibilities: Jail authorities must:
   • Regularly monitor undertrials’ eligibility.
   • Submit timely applications to the courts for eligible prisoners’ release.
3. Role of Undertrial Review Committees (UTRCs): UTRCs, in coordination with District Legal Services Authorities (DLSAs), ensure continuous review and follow-up of cases to facilitate the release process.

The Supreme Court’s Directives

The Supreme Court’s intervention highlights the gaps in implementation and accountability within the prison system. The Court has taken a multi-faceted approach to ensure Section 479’s benefits are realized:

1. Enhanced Coordination Among Stakeholders:
   • Jail Superintendents to liaise with DLSAs for timely identification and processing of eligible cases.
   • Mobilization of panel advocates and paralegal volunteers by DLSAs and State Legal Services Authorities (SLSAs).
2. Continuous Monitoring:
   • UTRCs in each district to remain actively engaged with jail authorities.
   • Regular updates to ensure that new prisoners meeting eligibility criteria are promptly identified.
3. Structured Reporting: States and union territories must provide detailed and uniform reports to address the challenges of inconsistent data formats.
4. Setting Examples: The Court acknowledged clear and structured reports from states like West Bengal and Uttar Pradesh, urging other states to follow suit.

The Larger Context: Overcrowding in Indian Prisons

Overcrowding remains a persistent issue in India’s prisons, with undertrials comprising a significant proportion of the prison population. According to the National Crime Records Bureau (NCRB) Report, nearly 70% of prisoners in India are undertrials. The delayed justice delivery system exacerbates this issue, leading to prolonged incarceration of individuals awaiting trial.

Challenges Identified:

1. Inefficient Record-Keeping: Inaccurate or outdated jail records often delay the identification of eligible undertrials.
2. Lack of Awareness: Many prisoners and their families are unaware of legal provisions like Section 479 that could expedite their release.
3. Resource Constraints: Insufficient resources, including a shortage of legal aid personnel, hinder timely processing of cases.

The Way Forward

The Supreme Court’s directives under Writ Petition (Civil) No. 406/2013 are a critical step in addressing the systemic issues plaguing the prison system. However, sustained efforts from all stakeholders are essential to achieve meaningful change.

Recommendations for Effective Implementation:

1. Awareness Campaigns:
   • Conduct awareness drives within prisons to educate prisoners about their rights under Section 479.
2. Capacity Building:
   • Strengthen the capacity of DLSAs and SLSAs by recruiting additional panel advocates and paralegal volunteers.
3. Technological Integration:
   • Develop a centralized digital platform for real-time tracking of undertrial prisoners and their eligibility for release.
4. Accountability Mechanisms:
   • Regular audits to ensure compliance with the Supreme Court’s directives.

Conclusion

The Supreme Court’s emphasis on implementing Section 479 of the BNSS, 2023, underscores the judiciary’s commitment to upholding the fundamental rights of undertrial prisoners. By addressing the challenges of overcrowding and ensuring timely release for eligible prisoners, the Court’s directives pave the way for a more humane and efficient justice system. With coordinated efforts from all stakeholders, including jail authorities, legal aid services, and state governments, the vision of justice for all can become a tangible reality.

FAQs

1. What is Section 479 of the BNSS, 2023?
Section 479 mandates the release of undertrial prisoners who meet specific criteria, such as serving half their maximum sentence or being first-time offenders who have served one-third of their sentence. The provision aims to reduce prolonged incarceration and alleviate overcrowding in prisons.

2. How does Section 479 benefit women prisoners?
Although gender-neutral, the Supreme Court has emphasized special efforts to identify and process the release of eligible women prisoners, acknowledging their unique vulnerabilities.

3. What role do Jail Superintendents play under Section 479?
Jail Superintendents are responsible for identifying eligible undertrials, updating records, and submitting release applications to the courts.

4. How does the Supreme Court ensure compliance with its directives?
The Court mandates uniform reporting formats, continuous monitoring by UTRCs, and coordination among stakeholders like DLSAs, SLSAs, and Jail Superintendents.

5. What challenges hinder the implementation of Section 479?
Challenges include outdated jail records, lack of awareness among prisoners, resource constraints, and inconsistent reporting by states.

6. What steps can improve the implementation of Section 479?
Key steps include awareness campaigns, capacity building for legal aid services, technological integration for record-keeping, and regular audits for accountability.

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