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

The Centre has also backed the retrospective application. 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.

Senior Advocate Gaurav Aggarwal who was amicus curiae in the case had suggested that applying the provision retrospectively will go a long way in addressing overcrowding in prisons.

Accordingly, the bench sought the Centre’s view.

Stating the Centre’s position on Friday, Additional Solicitor General Aishwarya Bhati said, “I am happy to report that Union of India is also of the view that the provisions has to be given full effect to…It has to apply to any undertrial who has completed up to one-third of the imprisonment and must be considered accordingly.”