Hindu Editorial Analysis : 5-July-2024

India’s criminal justice system is currently in a significant crisis, with more than 75% of prisoners awaiting trial. Prisons are overcrowded, operating at 118% capacity. This situation has raised concerns about the fairness and effectiveness of the system.

Bail Provisions in India

The bail system in India is primarily governed by the Code of Criminal Procedure, 1973. Although the code does not explicitly define “bail,” it distinguishes between bailable and non-bailable offenses. Recent changes were introduced through the Bharatiya Nyaya Sanhita (BNS), 2023, which revised the existing bail provisions while maintaining the core principles.

Types of Bail
  1. Regular Bail: This allows an accused person to be released from custody while ensuring their presence at trial.
  2. Interim Bail: A temporary release granted while an application for bail is being considered.
  3. Anticipatory Bail: This type of bail is for individuals who expect to be arrested for a non-bailable offense.

Key Modifications under BNS, 2023

The BNS introduced several important changes to improve the bail process:

  • Bail for First-Time Offenders: First-time offenders who have served one-third of their jail term can receive bail, except for serious offenses like life imprisonment.
  • Timely Disposal of Applications: The new law emphasizes quick processing of bail applications to reduce prolonged detentions.
  • Release After Charge Sheet: Courts must consider bail for those in custody upon the filing of a charge sheet unless there are strong reasons to deny it.
  • Support for Vulnerable Groups: Special provisions remain for women, children, and sick individuals to facilitate their bail applications.

Challenges in Bail Compliance

Despite these improvements, challenges remain:

  • Undertrials: Many individuals remain in prison even after being granted bail, mainly due to compliance issues.
  • Implementation Challenges: Successful execution of the new laws requires resources and capacity building.
  • Financial Barriers: Many undertrials struggle to arrange money or property for bail.
  • Documentation Issues: Lack of identity proof and other necessary documents complicates the bail process.
  • Delay: Studies show that it can take over a month for undertrials to comply with bail conditions and secure release.
  • Flawed Assumptions: The belief that everyone arrested has financial means often overlooks the reality for many undertrials.
  • Judicial Discretion: Courts tend to be strict in granting bail, rarely providing clear reasons for denying applications.

Suggested Measures

To address these issues, several measures are recommended:

  • Reformed Bail Law: A thorough review of existing presumptions about bail is needed.
  • Focus on Rehabilitation: Implement programs aimed at positive behavior change and reintegration support.
  • Collaboration: Strengthen partnerships between government agencies and civil society for effective reform.
  • Adequate Safeguards: Ensure enforcement against arbitrary arrests to reduce the need for bail applications.
  • Sustained Commitment: Political will and budget allocations are crucial for long-term reform.

Government Initiatives

The government has introduced various initiatives to improve the situation:

  • Mulla Committee Recommendations (1980): Emphasized the need for expedited trials and rehabilitation.
  • National Policy on Prisons (2000): Focused on humane conditions and reintegration.
  • Model Prison Manual (2016): Outlined guidelines for humane prison administration.
  • Modernisation of Prisons’ Project (2021-2026): Aims to modernize prison facilities with a significant budget.
  • Support to Poor Prisoners’ Scheme (2024): Allocated funds to assist financially disadvantaged prisoners unable to afford bail.

Why In News

India’s criminal justice system is facing a severe crisis, with over 75% of prisoners awaiting trial and prisons operating at 118% capacity, highlighting the urgent need for comprehensive reform to ensure justice and humane conditions for all detainees.

MCQs about Crisis in India’s Criminal Justice System

  1. What percentage of prisoners in India are currently awaiting trial?
    A. 50%
    B. 60%
    C. 75%
    D. 90%
    Correct Answer: C. 75%
    Explanation:Over 75% of prisoners in India are awaiting trial, indicating a significant backlog in the criminal justice system.
  2. Which of the following types of bail allows for temporary release while a bail application is being considered?
    A. Regular Bail
    B. Interim Bail
    C. Anticipatory Bail
    D. Final Bail
    Correct Answer: B. Interim Bail
    Explanation: Interim bail is specifically described in the essay as a temporary measure valid while a bail application is ongoing.
  3. What key modification under the Bharatiya Nyaya Sanhita (BNS), 2023, relates to first-time offenders?
    A. They can receive a life sentence.
    B. They are entitled to bail after serving one-third of their term.
    C. They cannot apply for bail.
    D. They are automatically granted bail without conditions.
    Correct Answer: B. They are entitled to bail after serving one-third of their term.
    Explanation: The essay notes that first-time offenders who have served one-third of their jail term can receive bail, except in serious cases.
  4. What is one of the main challenges faced by undertrials in India?
    A. They often have too much money for bail.
    B. They have easy access to legal aid.
    C. They struggle to meet bail conditions due to financial barriers.
    D. They are always released immediately after bail is granted.
    Correct Answer: C. They struggle to meet bail conditions due to financial barriers.
    Explanation: The essay discusses how many undertrials are unable to arrange the necessary funds or property for bail, leading to prolonged detention.

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