New Delhi, April 30, 2025 – In a major step towards decongesting prisons and upholding the rights of undertrial prisoners, the Ministry of Home Affairs (MHA) has directed all states and Union Territories to implement Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. This move is aimed at easing pressure on correctional facilities and ensuring more humane treatment for those awaiting trial.
Section 479 outlines specific guidelines for releasing undertrials who have served a significant portion of their potential sentence. Under this section, prisoners who have spent half of the maximum sentence prescribed for their alleged offence are eligible for bail. For first-time offenders, this threshold is reduced to one-third of the sentence, making them eligible for release on bond.
However, the provision excludes individuals facing charges punishable by life imprisonment or the death penalty.
The MHA has instructed prison superintendents to take proactive steps by filing necessary applications in relevant courts to facilitate the release of eligible prisoners. Importantly, this is not a one-time process. States and UTs are required to conduct continuous evaluations and submit monthly progress reports to the central government.
The initiative aligns with the Centre’s ongoing push for legal reform and citizen-centric governance, especially in the criminal justice system. It also follows the MHA’s earlier nationwide campaign launched on Constitution Day, November 26, encouraging states to identify eligible prisoners for release.
The Supreme Court has backed the potential of this section to not only decongest jails but also to uphold the principle of justice by preventing prolonged pretrial detentions.
