The Central government has written to all the states and Union Territories (UTs) to implement provisions of Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
The Section 479 (1) of the BNSS provides that if a person, during investigation, enquiry or trial under an offence, has undergone detention for a period of one-half of the maximum period of imprisonment specified for that offence, he shall be released by the court on bail.
But that should not be an offence for which the punishment of death or life imprisonment has been specified as one of the punishments under that law.
Further, the Section 479 (3) of the BNSS casts a specific responsibility on the superintendent of the prison to make an application to the concerned court for release of aforementioned undertrial prisoners on bail or bond.