Beneficial undertrial bail provision applies to pending cases and must be implemented immediately for eligible prisoners.

Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 was treated as a beneficial provision governing continued detention of undertrial prisoners and held applicable to pending cases, including matters registered before 1 July 2024. The Court clarified that eligibility does not depend on the date of registration of the case and directed jail superintendents and concerned courts to implement the provision immediately. Eligible undertrials are to be processed for release on bond or bail on completion of the specified detention period, with the directions aimed at uniform compliance and reduction of prison overcrowding.

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Issues: Whether Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies to undertrial prisoners in pending cases registered before 1 July 2024, and whether jail authorities and courts should implement the provision forthwith.

Analysis: The substituted provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 was treated as a beneficial provision governing the continued detention of undertrial prisoners. The Court accepted the clarification that the provision applies to all undertrials in pending cases irrespective of the date of registration of the case. It further directed immediate implementation by jail superintendents and concerned courts so that eligible undertrials are processed for release on bond or bail upon completion of the period specified in the provision. The directions were framed as a measure to address overcrowding in prisons and to ensure uniform compliance across States and Union Territories.

Conclusion: Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 was held applicable to pending cases, and authorities were directed to implement it immediately for eligible undertrial prisoners.

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