Bill Introduced to Reform Bail Law and Reduce Undertrial Population: A Step Towards Justice for the Forgotten
- ByAdmin --
- 15 Apr 2025 --
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In a long-overdue move to address one of India’s most persistent legal paradoxes—jails overcrowded with people not yet convicted of any crime—the Bail Reform and Undertrial Justice Bill, 2024, was introduced in the Lok Sabha this April. The bill aims to overhaul India’s bail system, which has been criticized for being inequitable, arbitrary, and disproportionately harsh on the poor.
The legislation is a response to repeated observations by the Supreme Court, Law Commission, and National Crime Records Bureau (NCRB) data, which shows that over 75% of India’s prison population consists of undertrials—people who are in jail not because they’ve been found guilty, but because they could not secure bail.
Why This Bill Is Necessary
The existing bail framework in India is largely governed by the Code of Criminal Procedure (CrPC), which leaves considerable discretion with magistrates. This has led to:
- Wealth-based inequality, where those with means secure bail quickly, while the poor languish in jail.
- Delays in bail hearings, particularly in overcrowded courts.
- Over-reliance on incarceration, even for petty or bailable offences.
- Neglect of non-custodial alternatives, such as house arrest or community service.
Despite the presumption of innocence, millions are denied liberty due to inability to furnish sureties or hire competent legal representation.
Key Provisions of the Bail Reform Bill, 2024
The new bill proposes a structural shift in India’s bail system, with key features that emphasize equity, transparency, and presumption in favour of liberty:
1. Presumption of Bail for All Non-Serious Offences
- For bailable and first-time offences punishable with less than 3 years, bail will be the default, unless the court records clear reasons to deny it.
2. Mandatory Bail Hearing Within 48 Hours
- Courts must conduct a bail hearing within 48 hours of arrest, including on weekends and holidays via video conferencing, where necessary.
3. Eliminating Wealth-Based Discrimination
- Bail bonds and sureties will be optional for economically weaker sections, replaced with self-attested undertakings and community verification.
4. Proportional Bail Conditions
- Courts must ensure that bail conditions are proportionate to the gravity of the offence and the accused’s capacity to comply. Excessively restrictive conditions (like daily police reporting) will be discouraged.
5. Use of Technology and Digital Monitoring
- In place of jail, courts may impose digital tracking, mobile check-ins, or geo-fencing, particularly for non-violent offenders.
6. Regular Bail Audits in Prisons
- Every jail must maintain a monthly list of undertrials eligible for bail but still incarcerated, which must be reviewed by a district judge.
7. Accountability for Delay
- Police and prosecution officers who cause unwarranted delay in charge-sheet filing or bail hearing may be fined or disciplined, subject to judicial inquiry.
Legal and Constitutional Backing
The bill draws heavily from the Supreme Court’s own directions over the years, including:
- Hussainara Khatoon v. State of Bihar (1979) – which highlighted the plight of undertrials and made speedy trial a fundamental right.
- Satender Kumar Antil v. CBI (2022) – where the Court laid down bail guidelines for first-time offenders and minor offences.
- Justice N.V. Ramana’s tenure as CJI, during which the Court repeatedly urged the government to rethink its incarceration-first approach.
It also references international standards, including UN Guidelines on the Treatment of Prisoners and Article 9 of the International Covenant on Civil and Political Rights, which India is a signatory to.
Expected Benefits
If passed, the bill could bring about transformative change:
- Significant reduction in prison overcrowding, especially in urban jails
- Faster disposal of bail cases, freeing court resources for serious matters
- Improved mental and social well-being of accused persons who can remain with families while their cases are heard
- Restoration of trust in the justice system, especially among the poor and marginalized
Challenges and Criticism
Despite wide support, the bill faces challenges:
- Law enforcement agencies worry that relaxed bail norms may lead to repeat offences or flight risks.
- Judicial officers have raised concerns about balancing victim protection with accused liberties.
- Some legal experts say the state must also invest in legal aid infrastructure to ensure the bill’s objectives are truly realized.
The Ministry of Home Affairs has assured that safeguards such as electronic monitoring, conditional bail, and revocation provisions will be included to prevent misuse.
Bail as the Rule, Jail as the Exception
The Bail Reform and Undertrial Justice Bill, 2024, represents a historic opportunity to bring India’s justice system closer to its constitutional ideals. By ensuring that liberty is not a privilege of the wealthy, but a right available to all, the bill reaffirms the core democratic principle that freedom must not be the casualty of poverty or process.
The measure is not about letting the guilty go free — it is about not punishing the innocent before trial. As India’s legal machinery evolves, this bill may well be remembered as the moment when access to justice began at the gate of every prison cell.
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