Transcription
Our lecture series on criminal laws is ongoing, and in this lecture series, we first took up the Bharatiya Nagarik Suraksha Sanhita, 2023. We have already made many videos on this. The current series is about provisions related to bail. Provisions related to bail are written in Chapter 35 of the Bharatiya Nagarik Suraksha Sanhita. The name of this chapter is "Provisions to Bail and Bond." We have already read some sections in this chapter; you should watch those.
So, in today's video, we will talk about Section 479 of the BNSs, which was Section 436A in the CrPC. This section talks about the maximum period for which an undertrial prisoner can be detained. It tells us about how long a prisoner, who is undertrial, can be kept in custody by the law.
First, let's look at the structure of this section. In terms of structure, this section has three subsections: Subsection One, Subsection Two, and Subsection Three. Out of these three subsections, only Subsection One has the main body along with three provisos and one explanation. Subsections Two and Three do not have any provisos or explanations. This means you will have to read three subsections, three provisos, and one explanation.
First, I will give you a brief overview. Subsection One talks about the conditions under which an undertrial prisoner will be released on bail, how they will be released, and for which offenses they will or will not be released. I will discuss this further. So, Subsection One talks about releasing a person on bail.
Now, Subsection Two is its exception, which states that even after granting a right in Subsection One, that person will not be released on bail. And Subsection Three imposes certain duties on the jail superintendent, in whose custody the person has been kept, as per the legislature's intent.
So, let's first look at Subsection One of Section 479 BNSs. What does its main body say? First, we will look at the main body, then all three provisos, then the explanation, and then we will move on to Subsections Two and Three. I have tried to explain the ingredients here instead of writing the exact language, so that if you understand the ingredients, you will understand the concept.
In Subsection One, what do you need to check first? You will check the maximum punishment for the offense under which bail is to be sought under this section. I have also written the Hindi translation below for students who prefer Hindi, so you can read it here and understand it easily. The very first thing to check will be the maximum punishment prescribed for the offense for which bail is being sought under this section. If that punishment is life imprisonment or the death penalty, then think that this section will not be applicable to such offenses. If an offense has a provision for life imprisonment or the death penalty, then this section will not be applicable to such offenses.
The next thing will be the maximum punishment. If it is not life imprisonment or the death penalty, then you need to check the detention period. The detention period of any person is to be counted, and it should be more than one-half of the maximum imprisonment provided for the offense. For the offense for which bail is being sought under this section, what is the maximum punishment? Subsection One states that if the person's detention period exceeds half, it is more than half, then as soon as it exceeds one-half, that person can take the benefit of Subsection One of Section 479 BNSs.
Now, the question arises: during which proceedings should this detention period be counted? This period will be checked during the period of investigation, during the period of inquiry, or during the period of trial. If the investigation, inquiry, or trial was happening under this Sanhita, meaning the Bharatiya Nagarik Suraksha Sanhita, and during that period, a person's detention period has exceeded half of the maximum punishment given for that offense, has become more than half, then such a person will be released on bail.
I have already made a video on what bail is. You can search for "Definition of Bail" and "Legal Lamp" on the channel, and you will find it. You should definitely watch it because the word "bail" is used here, so you should know its meaning. Now, when released on bail, you will find when reading the definition of bail that bail includes bail bond and also just a bond. What is a bail bond, what is a bond, and what is the difference between the two? I have already made a video on this as well. If you search for "Bail Bond," "Bond," and "Legal Lamp" in the search bar, you will find that video. You can watch it.
This was Subsection One. If we briefly revise the subsection, it talks about two things: first, you have to exclude offenses for which life imprisonment or the death penalty is given; this section will not be applicable to them. Second, you have to check the maximum imprisonment for the offense for which bail is sought. And if the detention period of any person has exceeded one-half of the maximum imprisonment for that offense, then such a person will be released on bail. This is what Subsection One talks about.
Now, a proviso came with this, and this proviso, friends, was not in the CrPC, remember. Subsection One talked about more than half the detention period, but Proviso One, the first proviso, will talk about one-third of the detention period. So, what difference has occurred that the detention period has reduced from half to one-third?
Proviso One states: "If the person is a first-time offender." These words "first-time offender" were not in Subsection One. So, if a person is a first-time offender, then the total detention period, which was stated as half in Subsection One, will now be read as one-third. So, it's the same thing: for a first-time offender, the period that was half in the CrPC will now be one-third.
If I take the same example, if an offense carries a sentence of 6 years, and if the person's detention period in custody has been two years plus one day, then such a person fits this proviso, but there is one condition: that person must be a first-time offender. This means Subsection One is not for first-time offenders; Proviso One is for first-time offenders. What is the difference between Section One and Proviso One? Section One stated that such a person whose detention period has completed half will be released on bail. The word "shall" indicates a right. And here, in Proviso One, when one-third is completed, their right will arise.
But Subsection One stated that they will be released on bail, and as I told you, bail includes both with surety and without surety. However, in Proviso One, it is stated that "such person shall be released on bond." The word "bail" is not used here; the word used is "bond." "Bond" with surety is a bail bond, and "bond" without surety is just a bond. So, such a person will be released without surety, possibly on a personal bond, but in no case will they be asked for a bail bond; surety will not be demanded from them.
Now you have seen that Proviso One is applicable to offenders who are first-time offenders. So, now the question arises: who is a first-time offender? When you read the proviso, and you see "first-time offender" written there, it is written in brackets: "who has not been convicted in the past or previously in any offense." This means such a person will be called a first-time offender who has never been punished for any offense. So, only such a person will be entitled to be released on bail after completing one-third of the imprisonment period.
Now let's talk about Proviso Two, which is an exception to Subsection One. What will be the exception? Will the word "shall" used there be retractable? Yes. So, Proviso Two states two things: the court has been given the power that it can continue their custody, their detention, and not release them on bail. And if it wishes, it can release them on a bail bond instead of a bond. As you saw in Subsection One, it talked about releasing on bail, which means they could be released on either. When we looked at Proviso One, it talked only about releasing on bond. Now, when we look at Proviso Two, it has a clause that it talks only about releasing on a bail bond, not on a bond. Secondly, it also talks about continuing their custody. But what will be the conditions? If the court has to deny bail even after the detention period has exceeded, how and when will they do it?
After hearing the public prosecutor. After hearing the public prosecutor, the court's mind is made up that this person should not be released on bail, even after completing half the period. So, now the judge will have to record the reasons why they made such a decision that this person should not be released on bail. These reasons will be recorded in writing in their order, stating what they observed after hearing the public prosecutor that led them to believe that this accused should not be released on bail, even though they fall under Subsection One. Only after recording the reasons can their custody be continued.
And the second point is that after hearing the public prosecutor, if the court thinks it is appropriate that the public prosecutor's opposition is not valid and they should be released on bail, then even after hearing the public prosecutor, if the decision is made to release them on bail, their reasons will still be recorded in writing, stating what they observed that this person should be granted bail. And after recording the reasons, the bail that will be given to them, by which they will be released, will be on a bail bond, not on a bond. This was the point in Proviso Two.
Now, the most important thing for Proviso Two, which you will not find written in the law, remember, friends, is that this Proviso Two is applicable only to the main body of Subsection One. It is not applicable to Proviso One. This means that the court will have no power to stop the bail of a person who is a first-time offender and whose detention period has exceeded one-third of the maximum imprisonment. Such a person will have to be released on bond by the court because Proviso Two, note this down, is not applicable to Proviso One. It is applicable only to the main body of Subsection One.
Now let's talk about Proviso Number Three. Proviso Number Three is a general proviso, and this proviso states that suppose, as written in the proviso, their detention can be continued even after more than half of the custody period. You saw in the proviso that how long can that detention continue? Can it be for an unlimited period? So, Proviso Three states that "such detention in any case, under any circumstances, cannot be beyond the maximum imprisonment provided for the offense." The maximum punishment given for the offense in which the person is in custody will not be exceeded by the detention. This means if a person's detention period has reached the maximum punishment for that offense, then after that, the court will have to release them on bail. This is what Proviso Number Three states.
Suppose if you are seeing the Hindi text written below, and it appears cut off from the bottom, then friends, I will provide the PDF of this PPT on my Telegram channel, and the QR code for the Telegram channel is visible here. You can pause the video and scan it to join Telegram, or you can click the link in the video description to join the Telegram channel. I will provide its PDF there.
Now let's talk about the explanation given in Subsection One. The explanation states that when you talk about one-half or one-third, you have to do the counting. When you calculate the detention period, you will exclude the period of detention that was delayed due to the accused. The accused did something that caused a delay in the proceedings, investigation, inquiry, or trial. So, this period will be excluded when counting. The explanation says exactly this: "In computing the period of detention under this section for granting bail, the period of detention passed due to delay in proceedings caused by the accused shall be excluded."
So, Subsection One, its three provisos, and the explanation are now complete. Now let's talk about Subsection Two. Subsection Two is an exception to Subsection One, and being an exception to Subsection One means that Subsection Two says the opposite of what Subsection One says. In Subsection One, wherever you saw, it talked about the accused person being released on bail, subject to the conditions we read above. In Subsection Two, it is stated that the person will not be released, even if they have a right under Subsection One. So, what condition is stated? They say, "If the investigation, inquiry, or trial in more than one offense or in multiple cases are pending against such person, he shall not be released on bail by the court."
So, Subsection Two states that if the person seeking bail under Subsection One of Section 479 BNSs claims to fall under Subsection One, and if more than one offense is being investigated, inquired into, or tried against that person, or if multiple cases are pending against them on the day of the bail hearing, then such a person will not be released on bail. This is what Subsection Two states.
Many questions will arise from this Section 479 BNSs, friends, and after getting the answers to those questions, so many concepts will become clear that you will learn to read the remaining sections, whether in this law, BSS, BSA, or any other law. If this video gets maximum views on my channel, I will definitely do that question-answer session. Otherwise, I have explained the concepts to you.
Now let's talk about Subsection Three, and in this Subsection Three, a duty is imposed on the jail superintendent to inform the court. What will they inform, and when? So, Subsection Three states: "The Superintendent of Jail where the accused person is detained shall forthwith make an application in writing to the Court to proceed under Subsection One for the release of such person on bail." So, the duty of the superintendent is that as soon as such a person, if they are a first-time offender, has completed one-third of the detention period, or if they are not a first-time offender, but another offender, and they have completed one-half of the detention period, then the jail superintendent, under whose custody they are, will immediately file an application in court stating that this person has completed this much period, so that the court can proceed to grant them bail. This was Section 479 BNSs.
Thank you for watching the entire video, friends. Please like the video, and if you haven't subscribed to the channel yet, please subscribe to the channel. You will continue to get more such videos. That's all for today's video. We will meet again in the next video. Until then, greetings, Jai Hind.