In her speech at Constitution Day celebrations in November, President

Droupadi Murmu suggested the decongestion of jails and helping the poor
prisoners languishing there. She questioned the need for setting up more
jails while highlighting the plight of the poor in prisons.

The government will provide financial support to poor prisoners unable to

afford their penalties or bail amounts, finance minister Nirmala Sitharaman
announced in her Budget speech on Wednesday.

https://www.hindustantimes.com/india-news/union-budget-govt-to-support-to-poor-
prisoners-unable-to-afford-bail-amounts-101675237525936.html

Last year, Prime Minister Narendra Modi appealed to a joint conference of chief ministers and chief
justices of high courts to give priority to cases related to undertrial prisoners languishing in jails
and release them, as per law, based on human sensitivities.

Read more at:

https://economictimes.indiatimes.com/news/india/centre-will-ensure-financial-support-for-poor-in-prisons-those-
who-cannot-afford-bail-amounts-says-finance-minister-sitharaman/articleshow/97516518.cms?
utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

https://www.deccanchronicle.com/nation/crime/010223/govt-aid-for-poor-prisoners-
welcomed.html

https://thewire.in/government/droupadi-murmu-prisoners-rights-judiciary-government

The Payment of Bail Amount by the Government in India: Ensuring Access to Justice for All

The Indian criminal justice system, like many others around the world, recognizes the
importance of bail as a means of ensuring that those accused of crimes are not unnecessarily
detained in jail while awaiting trial. Bail serves as a guarantee that the accused will attend
their court appearances and not flee the jurisdiction, and it also provides them with the
opportunity to prepare a proper defense and maintain their livelihood while awaiting the
outcome of their case.
However, not everyone who is accused of a crime has the means to pay the bail amount
required to secure their release. For those who are indigent or otherwise unable to pay, the
government may step in and provide financial assistance for the payment of bail.
In India, the payment of bail amounts by the government is provided for under the Legal
Services Authorities Act of 1987. This act established a network of legal aid programs
throughout the country, with the goal of providing access to justice for all, regardless of
socio-economic status. The legal aid programs offer a range of services, including the
provision of financial assistance for the payment of bail.
The process for obtaining government assistance for the payment of bail in India can vary
depending on the jurisdiction, but generally involves filing a request with the local legal aid
program. The request will typically be reviewed by a panel of lawyers, who will assess the
individual's financial situation and the circumstances of the case. If the request is approved,
the government will pay the bail amount on behalf of the accused, who will then be released
from jail.
It is important to note that the payment of bail by the government in India is not automatic
and may not be available in all cases. The decision to grant or deny financial assistance is
made on a case-by-case basis and is dependent upon a number of factors, including the nature
and seriousness of the offense, the accused's criminal history, and the likelihood of flight.
The payment of bail by the government in India is a critical step towards ensuring that all
individuals have access to justice. It serves as a safeguard against the disproportionate impact
that detention can have on the poor and marginalized, and helps to ensure that those accused
of crimes are treated fairly and justly within the criminal justice system.
In conclusion, the payment of bail amounts by the government in India is a vital component
of the country's legal aid system, which aims to ensure that all individuals have access to
justice, regardless of their socio-economic status. It is a critical step towards ensuring fair and
just administration of justice for all, and towards maintaining the integrity of the criminal
justice system.
write a blog about bail is rule and jail is the exception in indian context
"Bail is the Rule and Jail is the Exception" in the Indian Context: The Importance of Presumption
of Innocence

In the Indian criminal justice system, the principle of "bail is the rule and jail is the exception" is
firmly established. This principle is rooted in the fundamental right to personal liberty and the
presumption of innocence, which holds that every individual is entitled to be considered innocent
until proven guilty.

The principle of "bail as the rule and jail as the exception" is reflected in the Indian Constitution
and the Code of Criminal Procedure (CrPC), which provide for the right to bail in non-bailable
offenses, subject to certain conditions. The CrPC stipulates that bail should be granted as a
matter of right, except in cases where the accused is charged with a cognizable and non-bailable
offense, such as murder or treason, and there is reasonable cause to believe that the accused is
guilty of the offense.

In practice, this means that individuals who are arrested and charged with a non-bailable offense
have the right to apply for bail, and the court must grant bail unless there are compelling reasons
to deny it. The onus of proving that the accused is likely to abscond or tamper with evidence
rests on the prosecution.

The importance of the principle of "bail as the rule and jail as the exception" cannot be
overstated. It serves as a safeguard against arbitrary and unjust detention, and helps to ensure
that individuals are not punished before they have had a fair trial. It also helps to reduce the
burden on the prison system by reducing the number of pre-trial detainees.

However, despite the clear legal provisions, the reality in India is that many individuals are unable
to secure bail and remain in jail for extended periods of time while awaiting trial. This is often due
to a lack of resources, poor access to legal representation, and systemic delays in the justice
system. In such cases, the principle of "bail as the rule and jail as the exception" is not upheld,
and the right to personal liberty is violated.

In conclusion, the principle of "bail as the rule and jail as the exception" is a critical component of
the Indian criminal justice system, and is essential for ensuring that individuals are treated fairly
and justly. The right to bail and the presumption of innocence serve as important safeguards
against arbitrary and unjust detention, and help to ensure that individuals are not punished
before they have had a fair trial. It is the responsibility of the government and the justice system
to uphold these principles and ensure that they are reflected in practice.
“Indian Prisons are overcrowded” the statement is not new, it is been cited many times by
courts and other authorities. According to the latest report of 2021 by the National Crime
Records Bureau (NCRB), there are 5,54,034 inmates in Indian Prisons when the capacity is
4,25,609 inmates. The state of Uttarakhand had the highest occupancy rate of 185% followed
by Uttar Pradesh(184.8%) and Delhi(182.5%). This shows the incapacity of prisons to
imprison such a large number of prisoners. Out of the total prisoners, 4,27,165 are undertrial
detainees, against whom the cases are pending and their guilt is not yet decided by the court
of law. There are more than 1400 prisoners who had served their terms but are still in jail
because they cannot pay the fine imposed on them.
There are many cases where a person gets the bail granted but cannot exercise the bail in
absence of enough financial resources to pay the bail amounts. There are around 77% of
inmates are undertrial and not yet proven guilty. This data shows the need for financial
support for prisoners who can still live a normal life until the finality of cases against them.

On the first day of Union Budget 2023, Finance Minister Nirmala Sitharaman announced that
“The Government will help prisoners who are financially not able to pay bail amounts and
penalties”. It was held in the landmark judgement that “Bail is the Rule, Jail is an Exception” 1
A person should not be deprived of his right to get bail and only in exceptional cases should
he be kept in jail. A person when kept in custody is deprived of his Right to Life & Liberty
guaranteed by Article 212 and this should be avoided to the greatest extent.
Indian Criminal Justice System recognises the importance of Bail to ensure that the accused
person is not kept in custody for long to await the trial. Bail is such a right which safeguards a
person from custody. It serves as a tool for guaranteeing the person’s Right to Liberty and
that the accused will attend their court appearances and not flee the jurisdiction, and it also
provides them with the opportunity to prepare a proper defence and maintain their livelihood
while awaiting the outcome of their case.
The court imposes a monetary surety on the accused to grant bail. But not every accused of a
crime is financially able to apply for bail and to pay the surety. This is where the government
may step in and provide financial help to poor prisoners.

1
2
As the apex court directed in Re Inhumane Conditions in 1382 Prisons in 2016, it is very
necessary to take urgent measures to decongest the prisons. The best and most effective way
of which is to grant bail to eligible inmates. The prisons are full of undertrial inmates most of
which can get bail if provided with legal aid. Providing free legal aid is one thing government
and legal organisations are doing, but the need for support arises at time of bail amount
payment in cases where the accused is not in condition to pay the bail amount. Some legal
organisations do provide with these services but they cannot do the same on large scale, it is
where the government need to step in. The government can pay off bail amount of eligible
accused which will be beneficial for both the government and the accused. The government
spent ₹ 6727.3 Crores on prisons in India, this expenditure can be decreased if the eligible
prisoners are granted bail and they can sustain themselves and their families by having a
normal live outside jails.

While addressing the union budget 2023 Finance Minister Nirmala Sitharaman said that
government will pay off bail amounts to financially backward prisoners. This will not only do
financial support to the prisoners but will help families whose only bread winner is in custody
and because of which they are going through difficult financial conditions. These inmates if
released will work and sustain a family which will overall benefit the economy.
The Former CJI N.V. Ramana, at a meeting of National Legal Services Authority said that
Indian Criminal Justice System is itself a punishment for the accused, it starts with hasty
indiscriminate arrest to difficulty in obtaining bail leading to prolong undertrial
imprisonment.
Current CJI D.Y. Chandrachud also announced that the court would look into bail matters on
priority and and directed the lower courts to grant bails in matters in which the accused is
eligible to get the bail.
The Executive head of India President Droupadi Murmu on her speech at Constitutional Day
ended her speech focusing on jail and prisoners. She put her view in the way that India as a
civilized society does not need to increase number of jails but it need to decrease crime and
jails. She speech raised the problems of overcrowning of prisons, social identity of those
languishing in prisons, and prolonged undertrial detention which forms a major chunk of
present inmates. She added that this problem can only be solved when Executive, Judiciary
and Legislature would work together.

This problem can be solved by the collaborative efforts of all three pillars of Government.
The judiciary should focus on granting bail in suitable matters and should not deny the right
to bail to any eligible person. This would be the first step toward the whole issue. The
judiciary as a Warden of Prisoners should consider the application of eligible inmates and
release them on the minimum surety to decrease the load on jails and executives.
The executive on the other hand should provide the Judiciary and Legislature, data to refer to
while performing their parts of the solution. It is the responsibility of Jail Authorities to help
inmates to get Legal Aid and to get proper consultancy which increases their chance of
proper defence. The Executive should also provide the inmate's data to the legislature for the
Financial Aid to be given to the right and deserving person and not to someone who is not
eligible or who himself is eligible to furnish his bail. The executive must make sure that the
needy inmate should get priority among others.
The Legislature part comes at the end of the process. In cases where bail is granted but the
person is not able to furnish the bail amount, it is the government's responsibility to aid the
person financially and help him exercise his rights. The legislature cannot grant bail to any
prisoner but can help those who cannot pay for representation in court or those who even
after getting bail, cannot pay surety and exercise such bail.

Conclusion

The Government’s announcement of paying bail amounts is a crucial step toward ensuring
justice for all and controlling the problem of overcrowding of Prisons. It will help the
undertrial detainees to get bail and continue a normal life while having proper defence and
representation in cases against them. The problem can be resolved only by involvement and
efficient working of the three branches of government and not just by paying off the bail
amounts by Government. The legislature should also reform legistations & policies to ensure
that all deserving person should get to exercise their right and any person is not deprived of
their Fundamental Rights. The ultimate goal is to ensure that everyone is guaranteed their
right to life and liberty, regardless of their financial status, and to reduce the burden on the
criminal justice system. Overall this initiative proposed by the government in the Union
Budget is an applaudable move toward Justice Delivery System and would make Lakhs of
lives better.