Open Access Research Article
UNDERTRIAL DETENTION AND THE CRISIS OF BAIL JUSTICE IN INDIA: A CRITICAL AND CONSTITUTIONAL EVALUATION OF SECTION 479 OF THE BNSS, 2023
Abstract
The
ongoing detention of undertrial prisoners poses a significant concern to the
constitutional underpinnings of criminal justice. There is a presumption of
innocence and the right to personal liberty guaranteed in Article 21 of the
Constitution but long pre-trial detention often leads to punishment of the
accused prior to conviction. The passage of Section 479 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 is a significant step towards this by enacting
statutory limits on release of eligible undertrial prisoners.
The
paper traces the evolution of Section 479 and critically analyzes the scope,
quality and constitutional issues involved in its various provisions, including
the release of first offenders, limits on detention and statutory restrictions.
It discusses whether the provision effectively balances individual liberty,
speedy trail and reduction of pre-trial detention and defrays the gains achieved
in this respect. It further discusses the relevant judicial pronouncement and
analyses the practical limitations through institutional shortcomings, lack of
legal aid and arbitrary access to bail. A comparative analysis of select
foreign jurisdictions illustrates our alternatives towards pre-trial release.
Concluding, the paper suggests the legal and institutional reforms necessary to
enhance implementation of Section 479 and the overall finalization of the Bail
structure towards a liberalized India.
Keywords:
Undertrial Prisoners, Section 479 BNSS, Bail Justice, Article 21, Personal
Liberty, Pre-trial Detention, Speedy Trial, Criminal Justice Reform.
Published Paper
Author Details
Authors: M.MOHAMED ISMAILRegistration ID: 1013621 | Published Paper ID: IJLRA13621Approved ISSN: 2582-6433 | Country: Delhi, India
Article Information
UNDERTRIAL DETENTION AND THE CRISIS OF BAIL JUSTICE IN INDIA: A CRITICAL AND CONSTITUTIONAL EVALUATION OF SECTION 479 OF THE BNSS, 2023
Authors: M.MOHAMED ISMAIL
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 8
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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