News– Recently, President Donald Trump signed an executive order against cashless bail in the U.S., cutting federal funding to jurisdictions that permit the practice.
About Cashless Bail
- Definition: A system where an accused is released without depositing money as bail, but with conditions to ensure they appear in court.
- Traditional Cash Bail: Requires an accused to deposit money or property as surety; refunded at the end of trial if conditions are met.
- Problem: Cash bail disproportionately affects the poor, who may remain in jail for minor offences due to inability to pay.
- Purpose of Cashless Bail: To prevent unnecessary detention of individuals accused of non-violent or minor crimes, while still ensuring court attendance.
Bail System in India
- Governed by Chapter 35 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, replacing CrPC 1973.
- Types of Bail Conditions:
- Bond: Accused signs an agreement (often with cash deposit).
- Bail Bond: Surety from another person with financial verification.
- Personal Recognisance (PR) Bond: Release without monetary deposit, based on trust that accused will return for trial.
Issues in India
- Thousands of undertrials remain in jail despite bail due to inability to furnish surety or deposit small sums.
- Law Commission of India (268th Report, 2017): Said bail decisions based purely on money are contrary to constitutional ethos.
- Supreme Court Guidelines (2023): If a prisoner remains in jail for over a week despite bail, jail authorities must alert District Legal Services Authority for assistance.
