Section 479 of the BNSS provides for release of undertrials who have been behind bars for many years with no end in sight for the trial. However, it does not extend to those who are accused of an offence for which punishment is death or life sentence.
While its equivalent under the Code of Criminal Procedure (CrPC) only provided for release of undertrials after they have spent one-half of the maximum period of imprisonment, the new criminal law introduces a beneficial provision for the first-time offenders who have never been convicted of any offence in the past.
It allows the release of such undertrials after they have undergone detention for the period extending up to one-third of the maximum period of imprisonment.
Source: Barandbench
