India’s bail system – A case to reform bail law and guidelines, but make the right diagnosis first

Source: The post India’s bail system has been created, based on the article “A case to reform bail law and guidelines, but make the right diagnosis first” published in “The Hindu” on 5th March 2024.

UPSC Syllabus Topic: GS Paper 2 – Governance – Criminal Justice System

News: The article discusses the issues with India’s bail system, highlighting its ineffectiveness and how it contributes to overcrowded prisons. It focuses on the large number of undertrial prisoners, the lack of proper bail laws, and the need for reforms based on real evidence and understanding of the challenges faced by marginalized groups in meeting bail conditions.

What are the issues with India’s bail system?

Overcrowded Prisons: India’s prisons are at 118% capacity, with over 75% being undertrial prisoners, indicating a sluggish bail process.

Lack of Comprehensive Data: There’s an absence of detailed data on bail application outcomes and socio-economic profiles of undertrials, hindering effective policy and reform.

Marginalized Groups Suffer: Marginalized individuals, particularly those from economically weaker sections, face significant challenges in meeting bail conditions due to their socio-economic circumstances. General bail conditions often involve financial sureties, which are difficult for them to fulfill. This issue is highlighted by data from the Fair Trial Programme: 93.48% of undertrials they represented did not own any assets, making it nearly impossible for them to meet financial conditions for bail.

Challenges in Bail Compliance: 14% of undertrials couldn’t meet bail conditions, highlighting systemic issues in the bail process.

Arbitrary Arrest Safeguards: Protections against arbitrary arrests are insufficient, particularly affecting migrants and those without assets or family contact.

Flawed Assumptions: The system assumes arrested persons have financial means, alienating those without resources.

What are the judicial views on India’s bail system?

The Supreme Court of India, in Satender Kumar Antil vs CBI, recognized the bail system’s flaws, highlighting its role in overcrowding jails. The Court issued guidelines for bail laws, including setting timelines for bail applications and suggesting new legislation. They emphasized the ‘presumption of innocence’ principle and advocated ‘bail not jail’ as a standard approach.
For more information on SC Guidelines on bail reform read Article1, Article2

Way forward

To improve India’s bail system, enact specific bail legislation, as suggested by the Supreme Court.

Base reforms on empirical data about undertrials, addressing socio-economic barriers that hinder bail access.

Rethink bail conditions, especially financial requirements, to accommodate the realities of undertrials, many of whom lack assets, as shown in the Fair Trial Program data.
Ensure courts document reasons for bail rejections to increase transparency and accountability.

Question for practice:

Examine the key criticisms of India’s bail system and the recommendations proposed by the Supreme Court for reform.

Add one more point. Absence of comprehensive data on bail application outcomes and the socio-economic profiles of undertrials. [AS1]