Kerala HC denies retrospective benefit of BNSS Section 479 to convicted prisoners [Read Order]

Kerala: The Kerala High Court has delivered a significant ruling, denying the retrospective application of Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) to convicted prisoners while confirming its applicability only to undertrial prisoners.

Kerala High Court Rules on Retrospective Application of BNSS Section 479

Justice C.S. Sudha made crucial observations on the interpretation and application of the newly enacted BNSS provisions regarding prisoner detention periods.

No Retrospective Benefit of BNSS 479 for Convicts, Rules Kerala HC

The court addressed a criminal miscellaneous application filed by Arunkumar seeking suspension of his sentence. The court noted:

“The applicant/first accused, as per the impugned judgment dated 04/03/2023, has been found guilty of the offence punishable under Section 20(b)(ii)(C) of the NDPS Act and has been sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of ₹1,00,000/-.”

Addressing the specific argument for suspension, the court observed:

“The learned counsel for the applicant/first accused submits that the latter has been undergoing imprisonment since 12/08/2020, which means he has served nearly 4½ years of his sentence.”

The court highlighted the Supreme Court’s recent directive, stating:

“The Apex Court, as per the aforesaid order, has extended the benefit of the first proviso to Section 479 BNSS with retrospective effect only to undertrial prisoners.”

In a specific directive, the court concluded:

“When the Apex Court is presently seized of the matter and is monitoring the implementation of Section 479 BNSS, propriety demands that this Court refrain from interpreting and passing orders regarding its applicability to convicted prisoners retrospectively.”

The court emphasized the need for a proper interpretation of the new legislation, particularly regarding its retrospective application to different categories of prisoners.

The applicant’s case was presented by advocates P. Mohamed Sabah, Libin Stanley, Saipooja, Sadik Ismayil, R. Gayathri, M. Mahin Hamza, and Alwin Joseph, while the Public Prosecutor appeared for the State of Kerala.

Case Title: Arunkumar vs. State of Kerala
[Read Order]