Supreme Court Directs Nationwide Release of Undertrials Under BNSS Section 479

Liberty Over Incarceration: Supreme Court Directs Nationwide Release of Undertrials Under BNSS Section 479

By [LawAcademy Editorial Team]

Published on [14-09-2026]

In a watershed intervention aimed at easing chronic prison overcrowding and safeguarding fundamental freedoms, the Supreme Court of India ruled that Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) applies retrospectively to all pending cases nationwide.

The decision decisively harmonizes statutory criminal procedure with Article 21 (Right to Life and Personal Liberty), guaranteeing that pre-trial detention does not transform into extrajudicial punishment.

Context: The Crisis of India’s Undertrial Population

For decades, the Indian criminal justice system has struggled with severe undertrial detention, with over 75% of the total prison population comprising prisoners awaiting the conclusion of their trials. While Section 436A of the old Code of Criminal Procedure (CrPC), 1973, mandated statutory bail once an undertrial had served one-half of the maximum imprisonment prescribed for the alleged offence, thousands languished without recourse due to procedural friction and indigent backgrounds.

With the repeal of the CrPC and the commencement of the BNSS, Parliament enacted Section 479, introducing a critical relaxation:

One-Half Standard: Preserves mandatory bail on bond once an accused completes 50% of the maximum potential sentence.
One-Third Relief for First-Time Offenders: Explicitly dictates that a first-time offender (someone never previously convicted of an offence) must be released on personal bond once they complete one-third (1/3rd) of the maximum punishment.

Ambiguity immediately arose after rollout regarding whether this relaxed standard was strictly prospective—applying only to FIRs filed after the new code—or accessible to undertrials whose proceedings commenced under the old CrPC.

Key Rulings & Apex Court Directives

Hearing the long-standing prison reform matter In Re: Inhuman Conditions in 1382 Prisons, a Supreme Court bench comprising Justices Hima Kohli and Sandeep Mehta laid down decisive mandates:

Retrospective Benefit: The Court recorded the Union Government’s stance and declared that Section 479 BNSS is a beneficial procedural enactment and must apply retrospectively to all undertrials, irrespective of whether their case was registered before or after the transition date.
Active Statutory Duty on Jail Superintendents: Moving away from placing the burden solely on indigent prisoners or overburdened defence lawyers, the Court enforced Section 479(3), mandating jail superintendents to proactively identify eligible prisoners and submit written bail applications directly to the jurisdictional courts.
Affirmation of ‘Bail is the Rule’: In tandem with rulings such as Manish Sisodia v. Directorate of Enforcement, the Supreme Court cautioned subordinate courts against routine bail denials and “playing safe,” reiterating that constitutional liberty cannot be made conditional upon bureaucratic delays.

Legal Significance & Limitations

The ruling enforces parity and humane treatment across state correctional facilities. However, practitioners and applicants must note two statutory exclusions under Section 479:

Heinous Offences: The benefit does not extend to offences punishable by death or life imprisonment.
Multiple Cases Bar: Under Section 479(2), where an inquiry or trial is pending in more than one offence or multiple cases against the same person, default release under this specific section cannot be claimed.

Reference & Citation

Case Name: In Re: Inhuman Conditions in 1382 Prisons
Bench / Authority: Supreme Court of India (Justices Hima Kohli and Sandeep Mehta)
Relevant Statutes: Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS); Section 436A of the Code of Criminal Procedure, 1973 (CrPC); Article 21, Constitution of India.