The Supreme Court of India has initiated a targeted effort to identify and facilitate the release of women prisoners eligible under specific provisions of the Code of Criminal Procedure (CrPC) and the new Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS). This initiative particularly applies to women undertrials and convicts eligible for bail or remission due to humanitarian circumstances, including prolonged incarceration, age, or health conditions.

Under Section 437 of the CrPC, courts have discretionary powers to grant bail to women, considering them a special category, especially in non-bailable offenses. This aligns with the broader principle that “bail is the rule, and jail is the exception.” Similarly, Section 483 of the BNSS allows High Courts and Sessions Courts to exercise special powers to expedite bail processes and address unjust prolonged detention.

 

This effort aligns with the judiciary’s recent focus on prison reforms and the rights of undertrials, aiming to ensure that eligible women are not unduly deprived of their liberty​

 

The Supreme Court has taken significant steps to decongest prisons and ensure justice for undertrial prisoners, particularly focusing on women inmates. These efforts aim to identify eligible prisoners for release based on factors like prolonged detention without trial, humanitarian grounds, or the nature of their offenses.

This initiative is part of broader judicial reforms to uphold justice and address systemic delays

 

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