Need for change in undertrial and hasty arrest

22 Jul 2022 Need for change in undertrial and hasty arrest

Posted at 10:02h in Daily current-affairs by khyati khare 0 Comments

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Recently, the Chief Justice of India (CJI) said that aimless and hasty arrests, long jail term of undertrials and making it almost impossible for them to get bail is proof that this system there is dire need of change.
The CJI said it is a “serious issue”, that 80% of the 6.10 lakh prisoners across the country are undertrials.
The ‘Chief Justice of India’ was delivering a speech on the completion of 75 years of parliamentary democracy in the Rajasthan Legislative Assembly. The Hindu Analysis
He said, “The space for the opposition is shrinking” in the country, the quality of legislative performance is deteriorating, and the expected benefits of laws do not reach the people.
Supreme Court judges have raised the issue about indiscriminate arrest and almost impossible chances of getting bail for undertrials on two different fronts within a week.

Justice Sundaresh has said, the figures placed before the court show that more than two-thirds of the prisoners in jail are undertrial prisoners. There may not even have been a need to arrest most of this category of prisoners”.
The judgment in the Supreme Court underlined that a ‘police state’ cannot exist within a democracy.
According to the apex court, “In a democracy there can never be an impression that it is a police state. Both are ideologically opposite to each other”.

Separate law for bail: The court has noted that the ‘Code of Criminal Procedure’ (CrPC), despite several amendments after independence, largely retained the basic framework drawn up by the previous colonial power on its subjects has gone.
Uniformity and certainty in decisions: Courts are the foundation of the judicial system, persons accused of the same offense should never be treated differently by the same court.
Indiscriminate arrests: The court held that the culture of too many arrests – especially for non-cognizable offences – is unfair. The Hindu Analysis
The court emphasized that arrest is not mandatory even for cognizable offenses and it should be “necessary”.
Bail Application: There is no need to insist on ‘bail application’ while considering the application under Sections 88, 170, 204 and 209 of the Code.
These sections deal with the various stages of a trial where a magistrate may decide on the release of an accused.
Direction to the States: The Supreme Court has also directed all State Governments and Union Territories to comply with the orders and follow the standing orders to avoid indiscriminate arrests.

The word ‘bailable’ is not defined in the ‘Code of Criminal Procedure’ (CrPC), only the offenses under the Indian Penal Code are classified as ‘bailable’ and ‘non-bailable’.
CrPC empowers magistrates to grant bail for ‘bailable offences’ as a matter of authority. It includes release without bail or on production of bond without surety.
In case of ‘non-bailable offences’, the magistrate will determine whether the accused is eligible to be released on bail. The Hindu Analysis
If ‘non-bailable offences’ are cognizable, the police officer has been given the power to arrest without warrant.
Section 436 of the Code of Criminal Procedure, 1973 states that a person accused of a ‘bailable offence’ under the IPC may be granted bail.
Section 437 of the Code of Criminal Procedure, 1973 states that in ‘non-bailable offences’ the accused does not have the right to bail.
It is the discretion of the court to grant bail in case of non-bailable offences.