Note4Students
From UPSC perspective, the following things are important :
Prelims level: Bail Provisions in India
Mains level: Problem of Undertrials, Bail and linking it to Prison Reform
In the news
- India’s bail system faces significant challenges, resulting in a large number of undertrials remaining in prison despite being granted bail.
- The complexities of complying with bail conditions, especially for marginalized individuals, exacerbate the situation.
Bail Provisions in India
| Description | |
| What is Bail? | The conditional release of a defendant with the promise to appear in court when required. It also refers to the security deposit to secure the release of the accused. |
| Types of Bail in India |
|
| Case in Bailable Offences | Section 436 states that accused of a bailable offence under IPC can be granted bail if:
|
| Bail for Non-Bailable Offences | Section 437 states that accused doesn’t have the right to apply for bail. Bail may be granted if:
|
Understanding the Crisis in Bail System
- Overrepresentation of Undertrials: Over 75% of India’s prison population comprises undertrials, reflecting systemic inefficiencies in the bail system.
- Judicial Reluctance: Chief Justice of India D.Y. Chandrachud highlighted a growing reluctance among trial judges to grant bail, leading to a situation where incarceration becomes the norm.
- Bail Backlog: The backlog of bail applications further exacerbates the problem, prolonging the detention of undertrials awaiting trial.
Judicial Acknowledgment and Guidelines
- Supreme Court’s Observations: The Supreme Court acknowledged the ineffectiveness of India’s bail system in the case of Satender Kumar Antil vs CBI, emphasizing the principle of ‘bail not jail’.
- Need for Legislative Action: The Court urged the enactment of separate legislation and laid down comprehensive guidelines to streamline bail procedures.
- Delayed Disposal of Applications: Despite court directives, delays in the disposal of bail applications contribute to prolonged detention of undertrials.
Empirical Assessment and Policy Reforms
- Lack of Empirical Evidence: The absence of empirical data hampers efforts to understand the bail system’s challenges comprehensively.
- Socio-economic Barriers: Bail laws disproportionately burden marginalized individuals, necessitating reforms based on a realistic assessment of the problem.
- No Data-driven Reform: Policymakers should prioritize empirical research to inform evidence-based policy reforms aimed at addressing systemic inequalities.
Safeguards and Adjudication Practices
- Arrest Safeguards: Existing safeguards against arbitrary arrest often exclude vulnerable populations, contributing to the high proportion of undertrials.
- Discretionary Adjudication: Courts exercise discretion in granting bail, but guidelines lack clarity on how socioeconomic factors influence bail decisions.
- Recording Reasons for Bail Denial: Courts should be mandated to record detailed reasons for denying bail, promoting transparency and accountability in the adjudication process.
Bail Compliance Challenges
- Financial Hurdles: Many undertrials struggle to comply with bail conditions due to financial constraints and lack of local sureties.
- Structural Disadvantages: Factors like lack of residence proof and family support further hinder undertrials’ ability to comply with bail conditions.
- Support Mechanisms: Establishing support mechanisms to assist undertrials in navigating the bail process and fulfilling conditions can alleviate compliance challenges.
Why bail needs reform?
- Indiscriminate arrests: Of this category of prisoners, majority may not even be required to be arrested despite registration of a cognizable offense, being charged with offenses punishable for seven years or less.
- Disadvantageous for some sections: They are not only poor and illiterate but also would include women. Thus, there is a culture of offense being inherited by many of them.
- Colonial legacy: Theoretically, the court also linked the idea of indiscriminate arrests to magistrates ignoring the rule of “bail, not jail” to a colonial mindset.
Way forward
- No Flawed Assumptions: The current bail system operates on flawed assumptions about the accused’s socio-economic status, rendering ‘bail not jail’ meaningless for many.
- Call for Bail Reform: Meaningful bail reform necessitates a reevaluation of these assumptions and a data-driven approach to diagnose systemic issues.
- Holistic Approach: Reform efforts should adopt a holistic approach, addressing both procedural inadequacies and socio-economic barriers to ensure equitable access to bail.
Conclusion
- India’s bail system stands at a critical juncture, with an urgent need for reform to address systemic inefficiencies and ensure justice for all.
- Empirical research, legislative action, and judicial scrutiny are essential components of a comprehensive reform agenda.
Try this PYQ from CSE Prelims 2021:
With reference to India, consider the following statements:
- Judicial custody means and accused is in the custody of the concerned magistrate and such accused is locked up in a police station, not in jail.
- During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Post your responses here.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
