The Supreme Court has ordered the implementation of Section 479 of the Indian Civil Defence Code in prisons across the country.
Under trial prisoners will get benefit under this. The Supreme Court said that if prisoners who commit crimes for the first time have completed one third of their sentence, they should be released on bond.
This section of the Indian Penal Code provides for the maximum imprisonment for undertrial prisoners.
Let us tell you that this year the Indian Civil Defence Code, Indian Judicial Code and Indian Evidence Code have been implemented.
On the request of ASG Aishwarya Bhati, the bench of Justice Hima Kohli and Sandeep Mehta said that this section will be applicable to all undertrial prisoners, regardless of the date of arrest. They can take advantage of this.
The bench has asked the jail superintendents to start working under Section 479 with first-time offenders.
If the prisoners have served one-third of their sentence, they should be released on bond. The court has said that the prisoners falling under this category should be released within two months and a report of this should be given to the concerned department of the state or central government.
Justice Kohli said that the prisoners who are fulfilling the prescribed criteria should be given a chance to celebrate Diwali with their families. Bhati also told the court that the jailers should be directed to release the undertrial prisoners. This benefit should also be given to such prisoners who may not be first-time offenders but have served half of the maximum sentence.
However, if a prisoner has committed a major crime, he will not get the benefit. The bench has directed the state governments to collect data of such prisoners so that their release can be ensured. The case will be heard again in October.
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