Nagpur Central Jail is preparing to release 18 undertrial prisoners who are first-time offenders and have completed one-third of the maximum sentence prescribed for their offenses. The release, expected by November 26, Constitution Day, aligns with the Centre’s initiative under Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Jail Superintendent Vaibhav Aagey confirmed that out of 27 eligible inmates, nine have already been released.
The initiative stems from Union Home Minister Amit Shah’s address during the 50th All India Police Science Conference. Shah emphasized the government’s vision to release undertrials meeting specific criteria by November 26. Section 479 of the BNSS mandates that undertrial prisoners not accused of offenses punishable by death or life imprisonment be granted bail after serving half the maximum sentence.
“On three occasions, the Home Ministry has directed the Prison Department to facilitate the release of eligible inmates under Section 479. At Nagpur Central Jail, 27 undertrials were identified, most of them from Nagpur district. While nine have been released, the cases of two inmates are awaiting final hearings,” Aagey said.
Efforts are underway to expedite the process. “We have approached the court to fast-track hearings for these applications,” he added. However, he clarified that individuals facing multiple cases, ongoing investigations, or serious charges such as crimes against women, bodily offenses, or violations under the NDPS Act would not be eligible for bail.
The move addresses concerns highlighted by the National Crime Records Bureau (NCRB), which reveals that 75% of India’s prison population comprises undertrials. Of the 5,73,220 prisoners in India, 4,34,302 are undertrials, including 76.33% of the 23,772 women inmates. Maharashtra alone accounts for 7.6% of the nation’s undertrial population.
A significant portion of undertrials comes from marginalized communities, with 20.9% belonging to Scheduled Castes and 9.3% to Scheduled Tribes. Additionally, 65.2% of undertrials are either illiterate or have studied only up to Class X, reflecting their vulnerability within the judicial system.
The release of eligible undertrials under BNSS Section 479 is expected to provide much-needed relief to India’s overcrowded prisons and deliver justice to those detained for extended periods without trial.
