The way is clear for the release of under trial who have served one-third of their sentence, this will also be applicable in cases before July 1

New Delhi: The Supreme Court allowed the release of undertrials who have served one-third of their jail term. This is provided for in Section 479 of the Indian Civil Security Code (BNSS). According to this, if an undertrial has served one-third of the maximum sentence, he/she will be granted bail. BNSS has come into force from July 1. The central government told the Supreme Court that this provision will also be applicable in cases before July 1. Instead, earlier there was a provision in the CrPC that bail would be granted only after serving half the jail term of the maximum sentence.

The Supreme Court has approved this and directed the jail superintendents across the country to implement it. The court said that after completion of one-third period, the applications of undertrial prisoners should be processed through the concerned courts. It was directed that this work should be completed in a maximum of three months. A bench headed by Justice Hema Kohli of the Supreme Court gave this important decision.

This will reduce overcrowding in prisons
Earlier, senior advocate Gaurav Agarwal had appeared before the Supreme Court. he/she had said that the provision of BNSS should also be implemented in cases before July 1. he/she argued that this will reduce the crowd in the jail. Then the Supreme Court asked Additional Solicitor General Aishwarya Bhati, appearing on behalf of the Central Government, whether this provision can be implemented in cases before July 1? On this, the Central Government’s lawyer had said that she would tell the court about this. Additional Solicitor General told the court during the hearing on Friday that the Central Government is of the opinion that this provision should also be implemented in cases before July 1.

Three criminal laws have been changed from July 1. The Indian Justice Code, Indian Civil Protection Code and Indian Evidence Act have been implemented in place of IPC, CrPC and Indian Evidence Act. These new laws have been implemented in cases registered on and after July 1. The earlier laws i.e. IPC, CrPC and Indian Evidence Act are applicable in cases registered before July 1.

An attempt at prison reform
The suggestion of a committee of the Supreme Court for jail reform has already been presented. The report of the committee has said that there are more prisoners in jails than the prescribed number. Along with this, the question of infrastructure was also raised. The Supreme Court had asked to look for the option of open jail system. The Supreme Court had sought a reply from the Center and the states in this matter. Former Chief Justice of the Supreme Court RC Lahoti had written a letter in 2013 saying that there is inhuman condition in 1382 jails across the country. The Supreme Court had taken cognizance of this letter and converted it into a PIL and started hearing the case. Now it has been said to implement the provisions of BNSS regarding the release of undertrials. This is also expected to reduce the overcrowding of prisoners in jails.