The Supreme Court of India has recently suggested the establishment of a standalone bail law to tackle various systemic issues within current bail practices. These issues include the prolonged incarceration of undertrials, delays in bail granting procedures, and the frequent misuse of arrest powers. The court emphasized that dedicated legislation is essential to enhance judicial accountability and to streamline bail processes.
In response to the Supreme Court's recommendations, the government rejected the need for a separate bail law. It argued that the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, addresses the concerns related to bail provisions effectively. Chapter XXXV of the BNSS outlines comprehensive processes for granting bail and related bonds, rendering a separate law unnecessary.
Chapter XXXV of the BNSS defines essential terms such as “bail” and “bail bond” while detailing the procedures for granting bail. It includes statutory safeguards designed to protect vulnerable groups, including women, minors, and individuals with disabilities. The chapter also incorporates measures aimed at ensuring accountability and transparency in bail decisions.
During its deliberations, the Supreme Court pointed out several challenges related to bail practices. These include the misuse of arrest powers, significant delays in granting bail, and the extended imprisonment of undertrials, particularly in cases where the maximum punishment is less than seven years. The court stressed the necessity for improved accountability mechanisms for both investigating agencies and judicial authorities.
The government has introduced the "Support to Poor Prisoners" scheme to assist economically disadvantaged individuals in securing bail. This initiative allocates ₹200 crore over three financial years, with disbursements managed by district and state-level committees. The scheme aims to alleviate the financial burden on those unable to afford bail bonds.
The BNSS incorporates and enhances existing provisions of the Criminal Procedure Code (CrPC), including Sections 436 (bail for bailable offenses), 437 (bail for non-bailable offenses), 438 (anticipatory bail), and 439 (special powers of High Courts and Sessions Courts). It aims to strengthen measures to prevent routine arrests and to address delays in bail decisions.
The Supreme Court's judgment in the Satender Kumar Antil case in 2022 emphasized the need for greater accountability in bail processes. It called for prevention of unnecessary arrests and the streamlining of procedures to reduce the number of undertrial prisoners. The judgment highlighted the importance of adhering to procedural safeguards outlined in Sections 41 and 41A of the CrPC during arrests.
An affidavit revealed that although 28 states and Union Territories have established empowered committees to improve bail processes, several states, including Bihar, Uttar Pradesh, and West Bengal, have yet to comply. Additionally, five states have not set up subsidiary accounts necessary for fund transfers under the "Support to Poor Prisoners" scheme.
The government maintains that the BNSS adequately encapsulates reforms within the framework of existing criminal laws. It asserts that Chapter XXXV fulfills the objective of ensuring judicial accountability and provides clarity on bail processes, negating the necessity for a separate law.
Bail reforms are vital for balancing the rights of individuals accused of crimes while ensuring public safety. Streamlined bail processes can significantly reduce prison overcrowding, enhance access to justice for marginalized communities, and uphold constitutional rights.
Q1. What are the main suggestions made by the Supreme Court regarding bail laws?
Answer: The Supreme Court suggested implementing a standalone bail law to address issues like prolonged undertrial incarceration, delays in bail granting, and misuse of arrest powers.
Q2. Why does the government believe a separate bail law is unnecessary?
Answer: The government argues that the BNSS effectively addresses bail provisions and provides clarity on processes, thus making a separate law redundant.
Q3. What does Chapter XXXV of the BNSS include?
Answer: Chapter XXXV defines bail terms, outlines procedures, and incorporates safeguards for vulnerable groups while ensuring accountability in bail decisions.
Q4. How does the "Support to Poor Prisoners" scheme help individuals?
Answer: This scheme offers financial assistance for economically disadvantaged prisoners to secure bail, with ₹200 crore allocated over three years for its implementation.
Q5. What challenges have been identified in implementing bail reforms?
Answer: Challenges include non-compliance by some states in establishing committees for streamlined bail processes and the failure to set up necessary accounts for fund transfers under related schemes.
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