From CrPC to BNSS: Rethinking the release of undertrial prisoners

The Delhi court recently denied the bail of Christian Michel, the alleged middleman in the AgustaWestland scandal, under Section 436-A of the Code of Criminal Procedure (CrPC).

- VALLIMIREDDY ABHINAV DEEP DORA & BELEM JAWAHAR BABU

The regulation stipulates that an undertrial prisoner must not be held for a duration exceeding the maximum penalty designated for the purported crime. Nonetheless, as Michel is also charged with allegations that might result in life imprisonment, the court determined that he was ineligible for the advantages of this provision.

UNDERTRIAL PRISONERS AND SECTION 436-A OF CRPC Section 436-A of the CrPC was added on June 23, 2005, by an Ordinance issued by the President of India. Section 436-A of the CrPC stipulates that if an individual has been detained during the investigation, inquiry, or trial of an offence under any law (excluding offences punishable by death) for a duration not exceeding one-half of the maximum imprisonment prescribed for that offence, the Court shall release the individual on their personal bond, with or without sureties.

The Court may, after hearing the Public Prosecutor and documenting its reasons in writing, order the continuing detention of an individual for a duration exceeding one-half of the specified term or grant bail in lieu of a personal bond, with or without sureties. Furthermore, no individual must be held during the investigation, inquiry, or trial for a duration exceeding the maximum imprisonment term stipulated for the respective offence under that legislation. In calculating the time of detention for bail eligibility under this Section, any period of incarceration attributable to delays in procedures instigated by the accused should be eliminated.