Kerala High Court Rules Section 479 BNSS Does Not Benefit Convicted Prisoners
The Kerala High Court recently ruled that convicted prisoners cannot claim the benefit of Section 479 of the Bharatiya Nyaya Sanhita (BNSS) retrospectively. The Court clarified that the provision applies only to undertrial prisoners.
Understanding Section 479 BNSS
The first proviso mandates that authorities release first-time offenders on bond if they have served one-third of the maximum imprisonment period for the alleged offense.
Convict Seeks Sentence Suspension Under Section 479 BNSS
This section limits how long authorities can detain an undertrial prisoner. A convict sentenced under Section 20(b)(ii)C of the NDPS Act applied for sentence suspension. He had received 10 years of rigorous imprisonment and had already served 4.5 years. He argued that, as a first-time offender, he should be released under the first proviso of this section.
However, the Public Prosecutor opposed the plea, stating that this section only applies to undertrial prisoners and cannot be extended to convicts.
Court Rejects Retrospective Application for Convicts
Justice C. S. Sudha observed that the Supreme Court, in the case of Re-Inhuman Conditions in 1382 Prisons, had made this section retrospectively applicable only to undertrial prisoners whose cases were registered before July 1, 2024. The Apex Court did not extend this benefit to convicted prisoners.
Since the Supreme Court is monitoring the implementation of Section 479 BNSS. The High Court ruled that it could not interpret the provision differently.
Final Verdict
The Kerala High Court dismissed the convict’s application, stating that this section does not apply to convicted prisoners retrospectively. The ruling reinforces that undertrial prisoners alone can benefit from the provision.
Conclusion
The Kerala High Court clarified that this Section of the BNSS applies only to undertrial prisoners. Convicted prisoners cannot claim its benefits. The ruling reinforces the law’s intent to prevent excessive pretrial detention. Courts must follow this distinction when granting relief under this section.
