Bail Provisions Under BNSS for Undertrial Prisoners

Syllabus: GS2/Polity and Governance

Context

• The Union Ministry of Home Affairs (MHA) has advised all states and Union Territories (UTs) to implement Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which aims to provide significant relief to undertrial prisoners.

Background

• The advisory comes amid rising concerns over overcrowded prisons and the prolonged detention of undertrial prisoners, many of whom have yet to face trial. 
• India has one of the highest proportions of undertrial prisoners in the world. 
• As per the National Crime Records Bureau (NCRB) Prison Statistics India 2021, over 77% of the prison population in India consists of undertrial prisoners.
  • The occupancy rate of Indian prisons in 2021 was around 130%.

Reasons for overcrowded prisons

• Stringent Bail Provisions: Courts are hesitant to grant bail, particularly for minor offenses, resulting in more undertrials being imprisoned for extended periods even when they are eligible for release on bail.
• Delayed Remission and Parole: Although provisions exist for parole and remission, bureaucratic hurdles and delays in processing these requests prevent eligible prisoners from being released.
• Insufficient Prison Infrastructure: The prison capacity has not kept pace with the growing prison population. 

Provisions of bail under BNSS, 2023

• Under Section 479, prisoners who have completed half the maximum imprisonment period prescribed for their alleged offense are now eligible for bail. 
• The first-time offenders are entitled to release on a personal bond if they have served one-third of the maximum sentence.

e-Prisons portal 

• For assisting prison authorities in quick identification of eligible prisoners, the MHA made appropriate provisions in the national e-Prisons portal enlisting the;
  • Types of offenses that prisoners have been charged with, 
  • The maximum sentence for the offense committed, 
  • The date of completion of one-half or one-third of the maximum period of imprisonment specified for an offense under the relevant law by a prisoner, etc.

Other initiatives taken by government

• Model Prison Manual, 2016: Provides updated guidelines for improving prison administration with a focus on prisoners’ welfare, rehabilitation, and the protection of their rights.
• Legal Aid for Prisoners: The National Legal Services Authority (NALSA) provides free legal aid to undertrials and convicts who cannot afford legal representation.
• All India Committee on Jail Reforms (Mulla Committee) 1980: The committee recommended measures to expedite trials and decongest prisons, focus on rehabilitation and reintegration, programs for skill development, education, and mental health support for inmates.
• The Ministry of Home Affairs launched the Support for Poor Prisoners’ Scheme in 2024, allocating ₹20 crore to provide financial assistance to poor prisoners who are unable to afford bail or sureties.

Way Ahead

• Fast-track Courts: Expanding fast-track courts for quicker disposal of cases, especially for undertrial prisoners, will reduce their prolonged detention.
• Leveraging technology for e-filing, virtual hearings, and automated case management to reduce delays in court processes.
• Undertrial Review Committees (URCs): Strengthening URCs at the district level to regularly review the status of undertrial prisoners and expedite their release where appropriate, especially for petty offenses.

Source: TH