[Answered] “Ensuring access to justice for undertrial prisoners is a reflection of an ethical justice system.” Discuss the ethical principles involved in implementing BNSS provisions effectively. (150 words, 10 marks)

The plight of undertrial prisoners in India highlights systemic issues in the justice delivery system. The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, particularly Section 479, aims to address these concerns by introducing relaxed bail standards for first-time offenders.

Ethical Principles Involved

• Justice and Fairness: The principle of justice demands that individuals are presumed innocent until proven guilty. Prolonged detention of undertrials, who constitute over 75% of India’s prison population (as per the Prison Statistics India 2022), violates their right to timely justice. Section 479 of the BNSS, mandating bail for first-time offenders after serving one-third of the maximum sentence, upholds the ethical principle of fairness by preventing unnecessary incarceration.
• Equity and Accessibility: Justice must be accessible to all, regardless of socio-economic status. Many undertrials remain imprisoned because they cannot afford bail or legal aid. Section 479’s provision for automatic bail applications by jail superintendents ensures that systemic inequities do not hinder access to justice.
• Human Dignity: Prolonged detention in overcrowded prisons, often without conviction, undermines the inherent dignity of individuals. By addressing the issue of undertrials, the BNSS aligns with the ethical responsibility of safeguarding human dignity.
• Accountability and Rule of Law: Effective implementation of Section 479 reflects the state’s ethical duty to ensure that the rule of law is not compromised by procedural delays or negligence. The Supreme Court’s directive for retrospective application of the BNSS demonstrates institutional accountability.
• Proportionality: The ethical principle of proportionality emphasizes that restrictions on liberty must align with the gravity of the offense. BNSS provisions for first-time offenders ensure that imprisonment is not disproportionately punitive for minor infractions.

Conclusion

Ethical governance, coupled with judicial accountability, can ensure that undertrial prisoners are treated with fairness and dignity, aligning the justice system with constitutional values and global human rights standards.