Undertrials serving over one-third of their sentence may be released, aiming to decongest India’s overcrowded prisons, where 75% are undertrials
India’s prison population has risen 41% since 2017. Jail authorities must compile and process lists swiftly, a daunting challenge
Section 436A (2005) allows undertrials held for half their maximum sentence to be released, but progress is slow due to unaffordable bonds or sureties
2023 scheme offers ₹40,000 for undertrials, ₹25,000 for convicts. Limited impact: Only Maharashtra has released 10 undertrials so far
BNSS allows bail for first-time offenders after serving one-third of their sentence. The Supreme Court mandates its retrospective application
Challenges: Inadequate staff, discretionary judiciary, and congested systems. Streamlining processes is crucial for meaningful relief to undertrials