Bail and Undertrial Inmates: Unveiling the Crisis within the Criminal Justice System

The principle of innocent until proven guilty is the bedrock of criminal jurisprudence so that no innocent person suffers at the hands of the criminal justice system. Therefore, the mechanism of bail is a very significant tool in criminal law. Except in the case of non-bailable offences, everyone has a right to be released on bail. In the case of non-bailable offences, it is the discretion of the court whether to grant bail or not. Despite sounding fair, the bail provisions and their implementation severely discriminate against the poor because of their inability to furnish bail bonds whereas rich people who are otherwise in a similar situation can secure their freedom by furnishing bail. The vast majority of people who end up before the courts in criminal matters are so impoverished that they cannot afford to pay the bail bond, even for a nominal amount, which results in pre-trial incarceration leading to an increase in the number of undertrial prisoners. The equity and equality-related principles seem to be limited to the paper only, because ground reality speaks differently. Despite numerous schemes and promises by the executive & Judiciary to improve the situation, thousands of people remain awaiting trials and languishing in jails. The time has come to address the issues that lead to such protracted detention without a trial. What could be the reasons for the increase in the undertrial population in the jails? What can be done for reducing the undertrial population in jails? These are some crucial questions of law that will be answered in this paper.