Supreme Court gives major relief to undertrials

New Delhi, 5 September 2014

In what could be lead to freedom for thousands of undertrials languishing in jail for years, the Supreme Court has today directed judicial officers to release all undertrial prisoners who have spent half of maximum sentence for offenses they are charged with.

Supreme Court has asked judicial officers to visit jails once every week and present report on prisoners released in next two months.

Section 436 A of CrPC already states that if an undertrial has been jailed for a period extending up to half the maximum term for that offence, he shall be released on personal bond. This clause does not apply to those who could face death or life term.

It is estimated that of 3.81 lakh prisoners across the country, about 2.54 lakh, or two-thirds are undertrials, many are said to have spent more time in jail than the sentence they might have got for the crime they were arrested for.

The decision of Supreme Court will decongest prisons.