Hindu Editorial Analysis : 13-March-2024
India faces a significant challenge in its criminal justice system, with over 75% of its prison population classified as undertrials. This means they are awaiting trial, often for extended periods. Additionally, Indian prisons are overcrowded, operating at 118% capacity. These issues highlight the urgent need for reform in the country’s approach to justice and bail.
Bail Provisions in India
The Code of Criminal Procedure, 1973 outlines the rules regarding bail. Although the Act does not provide a specific definition for “bail,” it distinguishes between bailable and non-bailable offenses.
Types of Bail
- Regular Bail: This allows an accused person to be released from custody while awaiting trial, ensuring their presence at court.
- Interim Bail: A temporary release that lasts only while the court considers a bail application.
- Anticipatory Bail: Granted to individuals who anticipate arrest for a non-bailable offense.
Challenges in Bail Compliance
Despite being granted bail, many undertrials remain imprisoned due to several challenges:
- Lack of Means: Many undertrials cannot afford the money or property needed for bail.
- Data Insights: A study in Yerwada and Nagpur revealed:
- 18.5% of undertrials were migrants.
- 93.48% owned no assets.
- 62.22% had no family contact.
- 10% had previous incarceration histories.
- Documentation Issues: Many undertrials lack residence or identity proof and may have been abandoned by their families.
- Delays: In 35% of cases, it took over a month for undertrials to comply with bail conditions.
- Flawed Assumptions: The system often assumes that all arrested individuals have financial resources or social connections, leaving many vulnerable.
- Judicial Discretion: Courts often exercise their discretion against granting bail, leading to further injustice.
- Uncertainty in Rationale: Courts frequently do not explain their reasons for rejecting bail applications.
Measures and Suggestions
To address these issues, several measures can be implemented:
- Reformed Bail Law: Revising existing laws to better reflect the realities faced by undertrials is crucial.
- Focus on Rehabilitation: Implement programs that encourage positive behavior and support reintegration into society.
- Open Prison Models: Such as Rajasthan’s program, where inmates can move to open jails after serving part of their sentences.
- Collaboration: Foster partnerships between government bodies and civil society for effective reforms.
- Support for Compliance: Continuous assistance for undertrials in meeting bail conditions is essential.
- Political Commitment: Sustained efforts and funding from the government are necessary for these reforms.
Government Steps
Several initiatives have been taken to reform the prison system:
- Mulla Committee (1980): Suggested measures to expedite trials, decongest prisons, and promote rehabilitation.
- National Policy on Prisons (2000): Focused on humane treatment and rehabilitation of prisoners.
- Model Prison Manual (2016): Provided guidelines to ensure human rights are upheld in prisons.
- Modernization Project (2021-2026): Aimed at upgrading prison facilities and security.
- Model Prisons and Correctional Services Act (2023): Concentrates on maintaining order in prisons.
- Support to Poor Prisoners’ Scheme (2024): Allocated funds to assist those who cannot afford bail.
Why In News
Over 75% of India’s prison population are undertrials, while overcrowding in Indian prisons stands at an alarming 118%. These stark realities not only highlight the scale of the crisis in India’s criminal justice system but also reflect systemic issues that perpetuate injustice and hinder true rehabilitation.
MCQs about The Crisis of Undertrials and Bail Provisions in India
- What percentage of India’s prison population consists of undertrials?
A. 50%
B. 75%
C. 90%
D. 25%
- Which type of bail is granted to individuals who anticipate being arrested?
A. Regular Bail
B. Interim Bail
C. Anticipatory Bail
D. Conditional Bail
- What is one of the major reasons many undertrials cannot comply with bail conditions?
A. Lack of legal representation
B. Lack of means to arrange for money or property
C. Excessive court fees
D. Overwhelming public support
- Which committee recommended measures to expedite trials and improve prison conditions in India?
A. National Policy on Prisons
B. Model Prison Manual
C. Mulla Committee
D. All India Committee on Prison Reforms
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