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The Union Home Minister stated that undertrial prisoners who have served more than one-third of the maximum prescribed sentence for the crime they are accused of committing should be released before Constitution Day (November 26).

About Undertrial Prisoners

Individuals held in judicial custody awaiting trial are known as undertrial prisoners. Despite being presumed innocent until proven guilty, many of them are imprisoned for extended periods due to delayed legal procedures and an inability to pay bail.

Current state of undertrial prisoners

According to the National Crime Records Bureau (NCRB), India's prisons had a 131% occupancy rate in 2022, with 5,73,220 prisoners compared to a total capacity of 4,34,302. Undertrials account for nearly 75.8% of these prisoners, with 8.6% serving more than three years in prison. Women, juveniles, and people from marginalized communities are most severely impacted by long-term detention. Women undertrials, mostly those with young children, face additional challenges due to inadequate facilities and support systems.

Legal provision governs the release of undertrials

Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) allows first-time offenders to be released after serving one-third of their maximum sentence, as well as other undertrials who have served half of their maximum sentence. This provision is similar to the previous Section 436A of the Code of Criminal Procedure, 1973.

Steps taken to address issues related to Undertrials

Fast-track courts were established to speed up the trial of serious crimes and long-pending cases.

Judiciary using technology for case management and court proceedings. This includes digitizing court records, implementing electronic filing systems, and using video conferencing for hearings.

The government introduced several legal aid initiatives to provide free legal representation to underprivileged people, including undertrials. The key initiatives include: National Legal Services Authority (NALSA) is a statutory body that provides free legal services to marginalized and disadvantaged groups.

The Supreme Court in the Satender Kumar Antil vs CBI case released guidelines for timely disposal of bail applications and highlighted the principle of ‘bail not jail’.

Government initiated rehabilitation and reformation programs to improve prison conditions and assist prisoners into reintegration into society after their sentences.

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STATUS OF UNDERTRIALS IN INDIA

Source:

Indian Express