First-time offenders to get retrospective benefit of BNSS Section 479

24-08-2024

First-time offenders to get retrospective benefit of BNSS Section 479

The order came from a bench of Justices Hima Kohli and Sandeep Mehta while hearing a PIL regarding overcrowding of prisons in the country.

The bench asked jail superintendents to process applications of those eligible through courts at the earliest, preferably within three months. As per BNSS, undertrials would be entitled to bail if they have completed half of the maximum sentence — prescribed for the offence they are charged with — in detention either during the period of investigation, inquiry or trial.

For first time offenders, it says that those who have completed one-third of the maximum sentence prescribed under the law for the offence, can be released on bail. The beneficial provision does not apply to offences where the punishment is life imprisonment or death.