BAIL PROVISION FOR FIRST-TIME OFFENDERS

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Context:

Supreme Court ruling offers retrospective bail relief for first-time offenders, addressing prison overcrowding.

Details

• The Supreme Court has decided that the relaxed bail provisions introduced by the Bharatiya Nagarik Suraksha Sanhita (BNSS) will apply retroactively.
  • • This means that even if a person was arrested before the BNSS came into effect on July 1, 2024, they can benefit from these new bail provisions if they are a first-time offender.
• The National Crime Records Bureau (NCRB) 2022 report highlighted that 1,330 prisons across the country have an occupancy rate of 131.4%, which is above their capacity.
  • • Out of 573,200 prisoners, about 75% are undertrials.
    • Undertrial prisoners are those who are held in jail while their case is still being tried in court.
• Under the BNSS, a first-time offender can be released on bail if they have been in detention for up to one-third of the maximum punishment for their alleged crime.
  • • Earlier it required half of the maximum sentence under the old laws.

Significance of this Ruling

• India’s prisons are overcrowded, and many of the prisoners are undertrials who have not yet been convicted of any crime.
  • • By allowing first-time offenders to be released on bail earlier, the ruling can help reduce the number of people in prison, easing overcrowding.
• Overcrowding often leads to poor conditions and inadequate facilities, which can violate human rights. This ruling helps address some of these issues by potentially reducing the number of people held in prisons.
• The Court Judgement ensures that first-time offenders are treated more fairly, as they are less likely to face extended periods of detention without a trial.

Way Forward

• The Supreme Court has directed the jail superintendents to start processing applications for bail under the new BNSS provisions within three months.
• The court timeline is important as it provides a clear path for implementation and ensures that the benefits of the new law reach eligible undertrials in a timely manner.

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Source:

INDIAN EXPRESS

PRACTICE QUESTION Q. Consider the following statements in the context of the National Crime Records Bureau (NCRB): 1. NCRB operates under the Ministry of Home Affairs (MHA) 2. It conducts an independent survey to collect data on crimes across India. 3. It provides training to police officers and other stakeholders on how to use crime data effectively.  How many of the above statements are correct? A) Only one B) Only two C) All three D) None   Answer: B Explanation: Statement 1 is correct: The NCRB, under the Ministry of Home Affairs, serves as a central repository for crime data in India. It plays an important role in coordinating crime data management nationwide.  Statement 2 is incorrect:  The NCRB does not conduct independent surveys for crime data collection. Instead, it gathers crime data from various state and local police forces. This data is then compiled, analyzed, and released by the NCRB.  Statement 3 is correct: NCRB offers training programs for police officers and stakeholders to improve data utilization, enhancing crime prevention and law enforcement effectiveness.