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Contents
- 1 What are the findings of the data on undertrial prisoners?
- 2 What are the reasons behind the large number of undertrial prisoners?
- 3 What steps were taken by the court regarding undertrial prisoners?
- 4 What are the concerns with these guidelines?
- 5 What has been the stand of SC regarding bail?
- 6 What can be the way ahead?
Source: The post is based on the article “The Misconception About Bail-Jail” published in The Times of India on 15th April 2023.
Syllabus: GS 2 – Governance – Criminal Justice System
Relevance: About Undertrials prisoners in India
News: The article explains the situation of undertrial prisoners in India.
What are the findings of the data on undertrial prisoners?
What are the reasons behind the large number of undertrial prisoners?
What steps were taken by the court regarding undertrial prisoners?
The court in Hussainara Khatoon vs Bihar, 1979 case interpreted Article 21 and held that speedy trial is the fundamental right of every citizen.
Following this judgment, court guidelines exist on release of different categories of undertrials: 1) Those under civil imprisonment, 2) Those in custody for over 15 days for offences with a maximum sentence less than 7 years, 3) Senior citizens in custody over 3 months for offences where the maximum sentence is less than 10 years, 4) Those in jail for over 6 months under IPC Sections 304 (culpable homicide) or 307 (attempt to murder). 5) Relatives in jail for over a year on offences under IPC Section 304B (dowry), 6) Release on personal bond with or without sureties or bail is appropriate under Section 436A CrPC, provided that the penalty is not the death penalty and detention has lasted for more than half the maximum term.
What are the concerns with these guidelines?
There are exceptions to it. For example, for point 4, Bail principles won’t apply to offences under NDPS, POCSO, PCA, PMLA, anti-terror laws and in CBI/ ED investigations.
Moreover, for point 5, there is always a risk in granting bail because investigation, evidence, witnesses can be tampered, or the accused may flee.
What has been the stand of SC regarding bail?
SC focuses on granting bail for most of the cases and it has granted bail to even those accused of murder in Asim Kumar Haranath Bhattacharya vs NIA (2021). However, the problem lies with the lower courts.
SC recently in Satender Kumar Antil vs CBI, 2022 observed that the criminal justice system may not necessarily punish a criminal swiftly, or at all but trial courts think denial of bail is punishment.
SC recently also stayed a high court order that directed a trial court judge to justify bail in a particular case. SC said such orders could undermine independence of district judiciary considering bail.
What can be the way ahead?
Since, HC is not subordinate to SC, SC has no power of its supervision. SC has only appellate powers.
Therefore, the issue of bail must be considered by HCs as a priority because a case takes years to be resolved which increases the number of undertrials and deprives them of their rights.
