New criminal laws may help reduce jail overcrowding

New Delhi: The new criminal laws will help reduce overcrowding of jails as Bhartiya Nagrik Suraksha Sanhita (BNSS), earlier referred to as Code of Criminal Procedure (CrPC), has a provision to take a lenient view of first-time offenders, said home ministry officials.

Under clause 479 (A) of BNSS, bail means "release of a person accused of an offence from the custody of law upon certain conditions imposed by an officer or court including execution by such person of a bond or a bail bond".

According to the National Crime Records Bureau (NCRB) prison report 2022: "Overcrowding refers to the situation in which more inmates are in a jail than the sanctioned strength. In recent years, it is one of the biggest problems faced by prison inmates. Overcrowding results in poor hygiene, lack of sleep, etc. Keeping in view the human rights of the prisoners, it is essential that they are given reasonable space and facilities in jails."


The report released in December 2023 further stated: "Among the states, Uttarakhand has reported the highest overcrowding (183.3%), followed by Uttar Pradesh (179.9%), Meghalaya (167.2%), Madhya Pradesh (164.4%), Maharashtra (161.4%), Sikkim (148.8%) and Chhattisgarh (144.6%) and among Union territories, Delhi has reported the highest overcrowding (184.5%)."

Explaining the clauses of bail and provision of bonds in BNSS, other officials said: "It proposes insertion of a proviso which states that a person who is a first-time offender, never convicted of any offence in the past, shall be released on bail if he has undergone a third of the maximum sentence prescribed."

Earlier, under CrPC, the maximum period of detention was for a period extending up to one-half of the maximum period of imprisonment.

They further added, "The maximum period of detention for under trial detention period has been reduced for first-time offenders under certain circumstances and the jail superintendent has been legally empowered to assist the accused or under trials in applying for bail."

As per clause 479 (C), "bail bond" means an undertaking for release with payment of surety. "This insertion under BNSS places the responsibility of applying for bail under this provision upon the superintendent of the prison where the accused is lodged. This is especially relevant as often due to lack of effective or any legal aid, prisoners are denied release despite meeting the requisite criteria. This casts statutory responsibility on the superintendents," the officials explained.