Undertrials to get bail before Nov 26 | Amit Shah's announcement #justicesystem #judiciary #news

The issue of undertrial prisoners in India has become a significant focus in recent months, with concerns about overcrowding, prolonged detention without trial, and inhumane conditions in jails. Hence Amit Shah has made a recent announcement that the undertrials under certain category will be granted bail. Here's a breakdown of the key points discussed: Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) Section 479 of the BNSS addresses the maximum period an undertrial prisoner can be detained before being granted bail. Specifically, it sets out the following provisions: For general cases: An undertrial who is not accused of crimes punishable by death or life imprisonment can be released on bail if they have served detention for up to half of the maximum sentence prescribed for the crime they are accused of. For first-time offenders: The BNSS relaxes this standard further. If the accused is a first-time offender (i.e., they have no prior convictions), they must be granted bail once they have served one-third of the maximum possible sentence for the offence they are accused of. However, the provision clarifies that bail will not be granted if: There are multiple cases pending against the individual. There are ongoing investigations or trials related to more than one offence. Supreme Court's Role The Supreme Court has been actively involved in ensuring that the provisions of the BNSS, especially regarding undertrials, are implemented effectively. In a case titled In re: Inhuman Conditions in 1382 Prisons, the Court highlighted the problem of overcrowding in prisons and the inordinate delay in trials. In August 2024, a bench led by Justices Hima Kohli and Sandeep Mehta addressed the implementation of Section 479 and ordered that it should apply retrospectively to cases involving first-time offenders, even those detained before the BNSS came into force on July 1, 2024. This retrospective application would help relieve some of the overcrowding in prisons. Additionally, the Court ordered all states and Union Territories to submit affidavits detailing the number of undertrials who would qualify for release under the BNSS, the number of release applications made, and the actual releases granted. Current State of Undertrials in India As of the latest available data (Prison Statistics India 2022, published in December 2023 by the National Crime Records Bureau), India has a significantly high number of undertrial prisoners: Out of 573,220 total prisoners, approximately 434,302 (around 75.8%) are undertrials, meaning their trials are still pending. Among female prisoners, 76.33% are undertrials. A worrying statistic is that 8.6% of undertrial prisoners have been detained for over three years. The data indicates a significant burden on India's prison system, with a large number of individuals incarcerated without having been convicted of any crime. In many cases, these individuals have been awaiting trial for an extended period. Recent Developments Court Orders for Action: On October 22, 2024, the Supreme Court noted that only 19 out of 36 states and Union Territories had submitted responses to its earlier order regarding the release of eligible undertrials under Section 479. The Court has since reiterated its order to ensure that jail superintendents identify those eligible for bail under this section and submit necessary applications to the courts. Focus on Women Undertrials: The Supreme Court has also emphasized the need to prioritize the release of women prisoners who are eligible for bail under Section 479, especially given their higher percentage among undertrials. Challenges and Concerns Despite the court’s orders and the new provisions under the BNSS, several challenges remain: Implementation Delays: Many states and Union Territories are still in the process of implementing the Supreme Court's orders. The required data is being collected, but progress has been slow. Overcrowding: With nearly 76% of prisoners being undertrials, overcrowding in Indian jails remains a significant issue, exacerbating the inhumane conditions faced by prisoners. Access to Legal Aid: Many undertrials, especially in rural and economically disadvantaged regions, lack access to quality legal representation, leading to delays in trials and prolonged detention. The situation is indicative of broader issues within India's justice system, including delays in court procedures, lack of adequate infrastructure for managing prisoners, and difficulties in ensuring timely access to bail. Undertrials to get bail before Nov 26 | Amit Shah's announcement #justicesystem #judiciary #news