Overcrowded Prisons: New Directive for Undertrial Prisoners

The Centre has directed states to release undertrial prisoners on bail who've served half of their maximum prison term if they faced non-death or non-life imprisonment charges, addressing overcrowding in jails. The directive, under Section 479 of the 2023 BNSS, urges timely reporting of eligible releases.

In an effort to address the ongoing issue of overcrowding in prisons, the Centre has issued a directive to all states urging them to ensure the release of undertrial prisoners who have served at least half of their maximum prison term for offenses not warranting death or life sentences.

This directive, communicated by the Ministry of Home Affairs to chief secretaries and prison directors across states, references Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Under this provision, prisoners qualify for bail if their detention period during investigation, inquiry, or trial extends to half the maximum term for their offense.

The advisory also highlights additional benefits for first-time offenders and underscores the need for continuous application of these provisions, urging states and union territories to regularly report eligible prisoner releases to the ministry.

(With inputs from agencies.)