Maximum Period of Detention for Undertrials Detention period has been reduced for first time offenders under certain circumstances and the Jail Superintendent has been legally empowered to assist the accused or under trials in applying for Bail.
- Reduction in maximum period of Detention for a First Time Offender: CI.479(1) BNSS proposes insertion of a proviso which states that a person who is a first-time offender (never convicted of any offence in the past), shall be released on bail if he has undergone a third of the maximum sentence prescribed.
- Obligation of the Prison Superintendent: A notable insertion proposed under the BNSS is CI.479(3) which places the responsibility of applying for bail under this provision upon the Superintendent of the Prison where the accused is lodged. This is especially relevant as often due to lack of effective (or any) legal aid, prisoners are denied release despite meeting the requisite criteria. This casts statutory responsibility on the superintendents
to file a bail application. This will also help in providing relief to these category of petty crime accused, besides helping in reducing number of prisoners inside jails.
