Project Insaf

Under Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), undertrial detainees are
typically entitled to bail after completing half of the maximum sentence prescribed for the
alleged offense, the exception is extended for cases where capital punishment or life imprisonment is a possibility. For first-time offenders, this threshold is reduced, making them eligible for
release on bond after serving one-third of the maximum sentence.

Despite these provisions, 2 in 3 undertrial detainees currently held in Indian prisons are eligible for bail and yet incarcerated.
Around 29%  of these incarcerated individuals have been in prison for over a year.
The problem is compounded by glaring social inequalities with two-thirds of undertrial detainees
belonging to marginalised communities, largely including those of the Dalit and Adivasi factions. 
This is not an isolated occurrence as in the past two decades these numbers have stayed more or less stagnant, highlighting a systemic pattern of bias, and the high probability of wrongful persecution by misuse of executive power.
Why aren’t the solutions working?
To address the disproportionate amount of legally-innocent detainees in Indian prisons , the Department of Justice has initiated the formation of Fast Track Special Courts across India which aim to expedite trials,
particularly for cases related to rape, under the Protection of Children from Sexual Offences
(POCSO) Act. The Government of India has also initiated bail schemes providing financial relief
for economically burdened individuals currently suffering incarceration.
However, despite having 745 Fast Track Special Courts in India -including 406 ePOSCO courts-
this number is nowhere near enough considering the massive judicial backlog in the country.
Furthermore, government funding remains inadequate. The 2025 Fiscal Budget originally
planned to keep aside INR 300 crores dedicated for prison reformation, a number then slashed to
75 crores.