The new criminal laws namely Bhartiye Nyaya Sanhita (BNS), Bhartiya Nyaya Suraksha Sanhita (BNSS) and Bharatiya sakshya Adhiniyam (BSA) will reduce the overcrowding of jails with under trial in coming time. Clause 479(A) of the BNSS says “release of a person accused of an offence from custody of law upon certain conditions imposed by an officer or court including execution by such person of a bond or a bail bond”
Over a few years, overcrowding in Indian jails has become a major topic of concern. Overcrowding is basically a situation in which more inmates are in jail than the sanctioned strength. In recent years it is one of the biggest problems faced by the prison inmates. Overcrowding results in poor hygiene, lack of sleep etc. keeping in very human rights of the Prisoners essential that they are given reasonable space in the facilities in jail.
Earlier in CRPC, the maximum period of detention was for a period extending upto one half of the maximum imprisonment. Whereas, the maximum period of detention has been reduced. Jail superintendent has now been legally empowered to help under trials apply 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 for first time offenders under certain circumstances.
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