Bail is the Rule, Jail is the Exception: Supreme Court

Posted 14 Aug 2024

Updated 16 Aug 2024

2 min read

Recently, a 2-Judge bench of the Supreme Court of India ruled that 'bail is the rule, jail is the exception' even in special statutes like the Unlawful Activities (Prevention) Act 1967.

Court observed that denying bail in deserving cases is violation of rights under Article 21 which states that ‘No person shall be deprived of his life or personal liberty except according to procedure established by law’.

Legal Provisions of Bail

Bail in Bailable Offences (Section 479 of Bhartiya Nagarik Suraksha Sanhita, 2023)
- Maximum period for which an undertrial prisoner can be detained is one-half of the maximum period of imprisonment.
- First-time offenders will be given bail, if detained for over one-third of the maximum period of imprisonment.
Special laws such as POCSO Act (2012), Protection of Women from Domestic Violence Act (2005), etc. also contain provisions related to grant of bail.

Concerns with denial of bail (Prison Statistics India, 2022)

Large number of undertrials: Undertrials constitute around 75.8% of all the prisoners.
Overcrowding of Jails: Occupancy rate of Indian prisons is 131.4%.
Disproportionate impact on vulnerable sections: >60% of inmates are either illiterate or educated below Class X.
Human Rights violations: Unhealthy living conditions, unequal treatments, etc.

Measures taken to reduce undertrail inmates in India

Plea Bargaining: Enables pre-trial negotiation between defendant and prosecution.
E-prisons Software: Facilitates state authorities to access data of inmates in efficient manner.
Model Prison Manual 2016: Provides guidelines on facilities to be provided to undertrial inmates such as legal defense, legal aid, etc.
Model Prisons Act, 2023: Aims at rehabilitation & transformation of inmates into law-abiding citizens.