Constitution Day to Bring Freedom for Undertrial Prisoners
PSC Notes
Release on Bail: Hundreds of undertrial prisoners across India are set to be released on bail on November 26 (Constitution Day) under the new Bharatiya Nagarik Suraksha Sanhita (BNSS) law.
Eligibility Criteria: This provision applies to first-time offenders who have been detained for at least half the maximum possible sentence for their alleged offense. Those accused of crimes with potential death penalty or life imprisonment are excluded.
Exemptions for Serious Crimes: Heinous crimes like rape, murder, acts of terror, offenses under the POCSO Act, and NDPS Act are not covered under this provision.
Decongesting Prisons: The move aims to address the issue of overcrowding in jails by releasing undertrial prisoners who have already served a significant portion of their potential sentence.
Supreme Court Order: The Supreme Court, in August 2024, directed jail superintendents to facilitate applications for bail under the new BNSS provisions, even for cases registered before the law came into effect.
Special Campaign: The Ministry of Home Affairs is launching a special campaign to ensure states and union territories utilize the BNSS provisions to grant relief to eligible undertrial prisoners.
Celebrating Constitution Day: This initiative aligns with Constitution Day celebrations, promoting constitutional values and potentially offering a second chance to individuals awaiting trial.