**Summary:**
In response to observations by the Chief Justice of India emphasizing bail as the rule and jail as the exception, particularly concerning rising pretrial custody rates, the Ministry of Home Affairs has outlined measures undertaken to ensure lower courts respect the principle of bail.
The Bharatiya Nagarik Suraksha Sanhita, 2023, contains detailed provisions regarding bail and bonds. The National Judicial Academy conducts programs for High Court Judges and District Judges on the criminal justice system, with the principles of granting bail forming a key feature. These programs include detailed deliberations on Supreme Court guidelines regarding bail for undertrials and convicted persons awaiting appeal, and discussions on the principle of "Bail is the rule, jail the exception."
Section 479 of the Bharatiya Nagarik Suraksha Sanhita prescribes the maximum detention period for undertrial prisoners. First-time offenders who have served one-third of the maximum imprisonment period for their alleged offense must be released on bond. The Superintendent of Jail is responsible for applying to the Court in such cases.
The Ministry of Home Affairs issued an advisory on October 16, 2025, to all States and Union Territories regarding the implementation of Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to provide relief to undertrial prisoners.
Key Entities Referenced
Ministry of Home Affairs: The Indian government ministry responsible for internal security and law enforcement.
Lok Sabha: The lower house of the Parliament of India.
Chief Justice of India: The head of the Indian judiciary and the Supreme Court of India.
Bharatiya Nagarik Suraksha Sanhita, 2023: A law in India containing provisions related to bail and bonds.
National Judicial Academy: The apex institute for judicial education and training for judges and judicial officers in India.
Supreme Court of India: The highest court of law in India.
Section 479 of the Bharatiya Nagarik Suraksha Sanhita: A specific section within the Bharatiya Nagarik Suraksha Sanhita concerning the maximum detention period for undertrial prisoners and release on bond.
States/Union Territories: Refers to all the States and Union Territories of India, which are being addressed by the Ministry of Home Affairs regarding implementation of Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
GOVERNMENT OF INDIA
MINISTRY OF HOME AFFAIRS
LOK SABHA
UNSTARRED QUESTION NO. 2581
TO BE ANSWERED ON THE 5TH AUGUST, 2025/ SARVANA 14, 1947 (SAKA)
CAPACITY BUILDING PROGRAMME
2581. SHRI PRADYUT BORDOLOI:
Will the Minister of HOME AFFAIRS be pleased to state:
(a) the manner in which the Government responding to recent observations
by the Chief Justice of India emphasising that ‘bail is the rule, jail the
exception,’ in the context of rising pretrial custody rates;
(b) whether any guidelines or capacity-building programmes are being
undertaken to ensure lower courts respect the principle of bail and if so,
the manner of States that have judicial officers been trained since 2023;
and
(c) the mechanisms are in place to monitor and reduce prolonged pre-trial
detention, including reviews of undertrial cases and bail application delays
across District and High Courts?
ANSWER
MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS
(SHRI BANDI SANJAY KUMAR)
(a) to (c): In Chapter-XXXV of the Bharatiya Nagarik Suraksha Sanhita,
2023, detailed provisions have been made in respect of bail and bonds.
National Judicial Academy, which is the apex Institute of judicial
education and training for Judges, Judicial and Quasi-Judicial Officers, run
programmes for both High Court Judges and District Judges on criminal
justice system and the question of granting bail always forms key feature
of these programmes. In such programmes, the principles being laid down-2-
L.S.US.Q.NO. 2581 FOR 05.08.2025
by the Hon’ble Supreme Court of India, on the question of granting bail for
both undertrials and, in appropriate cases, for the convicted persons
whose appeals are pending, are deliberated in detail. Such discourses are
conducted by senior judges and well-known lawyers practicing on the
criminal side. The principle of 'Bail is the rule, jail the exception' is
regularly discussed therein as enunciated by the Hon'ble Chief Justice of
India.
Further, the maximum period for which undertrial prisoner can be detained
has been prescribed in section 479 of the Bharatiya Nagarik Suraksha
Sanhita. It has also been provided in section 479 of the Bharatiya Nagarik
Suraksha Sanhita that where a person is a first-time offender (who has
never been convicted of any offence in the past), he shall be released on
bond by the Court, if he has undergone detention for the period extending
up to one-third of the maximum period of imprisonment specified for such
offence under that law. It shall be the duty of the Superintendent of Jail to
make an application to the Court in this regard. Ministry of Home Affairs
has issued an Advisory dated 16.10.2025 to all the States/Union Territories
regarding implementation of the provisions of Section 479 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 by State Prison authorities for providing
relief to undertrial prisoners.
*****