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Criminal Law
Satender Kumar Antil Case
« »05-Mar-2024
Source: The Hindu
Introduction
India's criminal justice system is marred by glaring statistics over 75% of its prison population comprises undertrials, with prisons operating at a staggering 118% capacity.
These figures underscore a systemic crisis that demands immediate attention. In case of Satender Kumar Antil v. Central Bureau of Investigation (2022), the Supreme Court of India acknowledged the failings of the country's bail system in recognizing the issue of undertrial and granting bail.
What is the Summary of Case of Satender Kumar Antil v. CBI?
- Problem:
- India's jails are overrun by undertrial prisoners, comprising over 2/3rd of inmates.
- Many faces unnecessary arrest despite minor charges, often poor, illiterate, including women.
- This reflects a colonial mindset in law enforcement, contradicting democratic principles, emphasizing the need for sparing use of arrests.
- Definition of Trial:
- The word ‘trial’ is not explained and defined under CrPC.
- An extended meaning has to be given to this word for the purpose of enlargement on bail to include the stage of investigation and thereafter.
- In the former stage of investigation, an arrest followed by a police custody may be warranted for a thorough investigation, while in the latter what matters substantially is the proceedings before the Court in the form of a trial.
- Similarly, an appeal or revision shall also be construed as a facet of trial when considering bail on suspension of sentence.
- The word ‘trial’ is not explained and defined under CrPC.
- Definition of Bail:
- The term “bail” has not been defined in CrPC, though it is used very often.
- Bail is nothing but surety inclusive of a personal bond from the accused.
- It means the release of an accused person either by the orders of the Court or by the police or by the Investigating Agency.
- It is a set of pre-trial restrictions imposed on a suspect while enabling any interference in the judicial process.
- Thus, it is a conditional release on the solemn undertaking by the suspect that he would cooperate both with the investigation and the trial.
- Summary:
Nature of Offence | Conditions | Course to be Adopted by Court |
Offences punishable with 7 years or less |
1) Accused not arrested during interrogation. 2) Cooperated throughout the investigation including appearance before Investigating Officer whenever called. |
1) Summon (Appearance through lawyer permissible) 2) Bailable warrant
|
Offences punishable with death, imprisonment for life, 7 years or more | - | On appearance of accused in court pursuant to process issued bail application to be decided on merits. |
Special Acts containing stringent provision for bail | - | The aforesaid guidelines must be kept in mind |
What were the Directions given by SC in Satendra Kumar Antil v. CBI?
|
How Undertrials Lack Safeguards?
- While safeguards against arbitrary arrests theoretically exist, they fall short in protecting vulnerable sections.
- Ambiguous justifications for arrests disproportionately target migrants and the socioeconomically disadvantaged.
What are the Challenges in the Current Bail System?
- The current bail system operates on flawed assumptions of wealth and social capital, rendering 'bail not jail' meaningless for many undertrials.
- Reform efforts must challenge these presumptions and prioritize equity and access to justice for all.
- Structural barriers, from financial constraints to navigating legal complexities, hinder undertrials' ability to meet bail conditions.
What can be a Potential Way Forward to Bring Reforms in Bail Matters?
- Bail reform is urgent, but it must be rooted in empirical understanding and systemic overhaul.
- Develop diversion programs that offer counseling, community service, or restorative justice practices as alternatives to bail.
- Allow judges greater discretion in setting bail conditions tailored to the individual circumstances of each case.
Conclusion
The undertrial crisis in India's criminal justice system demands immediate and concerted action. Meaningful reform requires a departure from archaic assumptions and a commitment to equity and justice for all. It is notable for courts to adhere to the guidelines given by SC in Satendra Kumar Antil Case along with other landmark judgments related to bail.