Reforming Undertrial Prisoner Bail Process in India

Syllabus:

GS-2:

Judiciary , Indian Constitution ,Fundamental Rights.

Focus:

Union Home Minister Amit Shah’s statement on releasing undertrial prisoners who have spent more than a third of their prescribed sentence has brought attention to the urgent need for reforms in India’s prison system. The new Section 479 of the BNSS aims to ease overcrowding and ensure timely justice.

Reforming Undertrial Prisoner Bail Process in India

Section 479 of the BNSS: Relaxed Bail Standards:

  • Key Provisions: Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), outlines the maximum detention period for undertrial prisoners. It states that a prisoner, not accused of offences punishable with death or life imprisonment, should be granted bail after serving half of the maximum sentence for the crime.
  • Relaxed Bail for First-Time Offenders: For first-time offenders, the BNSS reduces this period to one-third of the maximum sentence. This provision aims to alleviate the burden on first-time offenders who may otherwise face prolonged detention without trial.
  • Exceptions: Bail will not be granted if the individual is facing multiple cases or ongoing investigations. This ensures that the law remains strict for repeat offenders or those involved in complex criminal activities.

Understanding Police Custody vs. Judicial Custody:

Police Custody:

  • Custody Location: The accused is held in a lock-up at a police station or by the investigating agency.
  • Appearance before Court: The accused must be presented before the concerned Magistrate within 24 hours of arrest.
  • Commencement: Begins at the time of arrest by police after filing an FIR or receiving a complaint.
  • Maximum Duration: Typically 24 hours, but can be extended to 15 days by a Magistrate.

Judicial Custody:

  • Custody Location: The accused is placed in jail under the supervision of the concerned Magistrate.
  • Appearance before Court: The accused stays in custody until the court issues an order for bail.
  • Commencement: Begins after the public prosecutor convinces the court that judicial custody is needed for further investigation.
  • Maximum Duration: 90 days for serious offences (life imprisonment, death penalty, or sentences of 10+ years); 60 days for other offences.

Provisions of Bharatiya Nagarik Suraksha Sanhita (BNSS):

  • Detention of Undertrials: Release on personal bond after serving half the maximum sentence, except for life/death sentence cases.
  • Police Custody: Allows detaining individuals resisting preventive action. Replaces

“Judicial Magistrate” with “Magistrate”.

  • Medical Examination: Any police officer can request medical examination of the accused.
  • Forensic Investigation: Mandatory for crimes with imprisonment of 7+ years; facilities to be shared between states.
  • Technology Integration: Digitization of case records, video conferencing for trials, and mandatory videography for certain procedures.

Supreme Court’s Interpretation and Directions

  • Background: In August 2024, the Supreme Court addressed the issue of undertrials in India, especially focusing on overcrowding and inhumane conditions in prisons. The Court emphasised the need for the immediate implementation of Section 479 of the BNSS to alleviate the strain on prisons.
  • Retrospective Application: The Court ruled that Section 479 should be applied retroactively to first-time offenders whose cases were filed before the BNSS took effect on July 1, 2024. This decision was intended to expedite the process of bail for eligible undertrials.
  • State Responses: The Court directed all state governments and Union Territories to submit affidavits detailing the number of undertrials eligible for release, actions taken, and the actual number of releases. This would help assess the implementation and effectiveness of Section 479.

Undertrials in India: Current Situation

  • Prevalence: According to the National Crime Records Bureau (NCRB), of the 573,220 people incarcerated in Indian prisons, 434,302 (around 75%) are undertrials. This highlights the overwhelming number of individuals awaiting trial.
  • Disproportionate Representation: Certain states, such as Uttar Pradesh, Bihar, and Maharashtra, account for a significant percentage of undertrial prisoners. Uttar Pradesh alone holds about 21.7% of all undertrials.
  • Duration of Detention: A large proportion of undertrials have been incarcerated for extended periods. About 8.65% of them have spent more than three years in detention, with many facing trial delays and judicial backlogs.

Impact on Specific Demographics

  • Women Undertrials: Among the 23,772 women in Indian prisons, 76.33% (18,146 women) are undertrials. The high number of women in pre-trial detention raises concerns about their treatment and the availability of bail for those who qualify under Section 479.
  • Illiteracy and Socioeconomic Factors: A significant portion of undertrials are from marginalised communities, with 20.9% belonging to scheduled castes and 9.3% from scheduled tribes. Furthermore, a substantial number of undertrials (65.2%) are either illiterate or have only received education up to Class X, contributing to their vulnerability in the judicial process.
  • Reluctance to Apply for Bail: Many undertrials, particularly those accused of lesser crimes, hesitate to apply for bail, fearing rejection or facing further delays in the judicial process. This situation worsens the overcrowding and inhumane conditions in prisons.

Role of Section 479 in Reducing Judicial Backlogs

  • Decongesting Prisons: The implementation of Section 479 is expected to reduce the strain on India’s overcrowded prisons, which currently house a disproportionate number of undertrials. By ensuring timely bail for those eligible, it could ease the burden on judicial systems, allowing courts to focus on pending cases.
  • Alleviating Court Backlogs: The release of first-time offenders who meet the conditions of Section 479 can help speed up judicial processes. With fewer individuals in detention awaiting trial, courts may have more capacity to expedite hearings and reduce delays in the justice system.
  • Encouraging Legal Reforms: Section 479, by addressing undertrial detentions, may pave the way for further legal reforms that ensure fair and swift justice for all accused individuals, especially for those without prior criminal records.

Challenges in Implementing Bail Provisions for First-Time Offenders

  • Complicated Bureaucratic Process: Despite the Supreme Court’s clear directive, the implementation of bail provisions under Section 479 faces challenges. Incomplete state responses and delayed actions from jail superintendents may hinder the timely release of undertrials.
  • Inconsistent Application: The effectiveness of Section 479 is also contingent upon uniform implementation across states and Union Territories. Disparities in how the law is applied may lead to unequal access to justice for undertrial prisoners.
  • Potential Misuse: The provision of relaxed bail for first-time offenders may be misused in cases where individuals facing serious charges are allowed to remain free while investigations continue, potentially impacting the judicial process.

Way Forward: Strengthening the Bail Process for Undertrials

  • Streamlined Implementation: The government and judiciary must ensure a uniform and transparent implementation of Section 479 across all states and Union Territories. Regular monitoring and accountability measures can help expedite the process of releasing eligible undertrials.
  • Enhanced Legal Aid: To ensure that the benefits of Section 479 reach all eligible undertrials, there is a need for better legal assistance programs. Many undertrials may not be aware of their rights, and access to legal aid can empower them to apply for bail when eligible.
  • Improving Prison Conditions: While Section 479 may help reduce overcrowding, it is also crucial to continue addressing the overall conditions of prisons. This includes improving basic facilities, ensuring proper healthcare, and reducing the number of undertrials by expediting the judicial process.

Reforming Judicial and Police Processes

  • Faster Investigations and Trials: One of the key long-term goals should be to reform investigative procedures and reduce delays in trial processes. Timely investigations and efficient judicial processes will not only help in the swift release of undertrials but also ensure that those who remain in custody are there for justifiable reasons.
  • Data-Driven Decision-Making: Governments must invest in technology to track and manage undertrial cases more efficiently. By implementing comprehensive databases and utilising data analytics, authorities can ensure that eligible undertrials are identified promptly for bail, further streamlining the process.
  • Promoting Alternative Sentencing: Encouraging the use of alternative sentencing methods such as community service or probation for first-time offenders could help reduce the prison population and prevent unnecessary detentions. This would align with the principles of restorative justice while preserving the integrity of the legal system.

Conclusion:

India’s undertrial situation requires immediate action, and the newly introduced Section 479 offers a step in the right direction. By relaxing bail standards for first-time offenders, ensuring transparent implementation, and addressing systemic delays, the country can reduce prison overcrowding and uphold the rights of individuals awaiting trial.

Source: Indian Express

Mains Practice Question:

Discuss the challenges posed by undertrial prisoners in India and analyse the potential of Section 479 of the BNSS to address them. How can the judicial system improve the treatment of undertrials?