Electronic Tracking of Undertrials

Syllabus: Governance

Source: IE

Context: Electronic tracking of undertrials is being explored as a solution to address overcrowding while ensuring compliance with court conditions and preserving individual liberty.

Status of Undertrials in India: (Source: NCRB 2022).

• Proportion of Undertrials: 75.8% of the prison population (4,34,302 out of 5,73,220) are undertrials

• Women Undertrials: 76.33% of incarcerated women are undertrials.

• Prolonged Detention: 8.6% of undertrials have been in prison for over three years, reflecting judicial delays.

• Prison Overcrowding: Prisons operate at 131% occupancy against a capacity of 4,36,266.

• Legal Representation Gap: Despite Article 39A, many undertrials lack access to free legal aid due to an inadequate lawyer-to-prisoner ratio.

Laws Related to Undertrials in India:

• Section 479 of BNSS: First-time offenders eligible for release after serving one-third of the maximum sentence. Does not apply to multiple offenses or ongoing investigations.

• First-time offenders eligible for release after serving one-third of the maximum sentence.

• Does not apply to multiple offenses or ongoing investigations.

• Section 436A of CrPC: Undertrials who serve half the maximum sentence can be released on personal bond. Excludes offenses punishable by death or life imprisonment.

• Undertrials who serve half the maximum sentence can be released on personal bond.

• Excludes offenses punishable by death or life imprisonment.

• Judicial Directions: Supreme Court PIL on Prison Conditions (2013) emphasized timely identification and release of eligible undertrials. Reinforced speedy trial as a fundamental right under Article 21 of the Constitution.

• Supreme Court PIL on Prison Conditions (2013) emphasized timely identification and release of eligible undertrials.

• Reinforced speedy trial as a fundamental right under Article 21 of the Constitution.

What is Electronic Tracking of Undertrials?

Electronic tracking involves the use of monitoring systems, such as GPS-enabled devices, to supervise undertrials outside prison. It reduces incarceration while ensuring compliance with legal conditions.

Types of Electronic Tracking:

• GPS-Enabled Ankle Monitors: Real-time location tracking devices.

• RFID (Radio Frequency Identification): Monitors proximity to designated areas.

• Mobile Applications: Smartphone-based location and status reporting.

• Biometric Systems: Fingerprint, facial recognition, or voice authentication for identity verification.

Advantages:

• Cost-Effective: Significantly cheaper than incarceration.

E.g. Odisha spends ₹1 lakh per undertrial annually, while trackers cost ₹10,000-₹15,000.

• Decongests Prisons: Helps alleviate overcrowding in Indian jails operating at 131% capacity.

• Enables Rehabilitation: Allows undertrials to work, care for families, and avoid stigma.

• Enhanced Judicial Confidence: Courts can grant bail with greater assurance of compliance.

Limitations:

• Privacy Concerns: Raises questions about surveillance and data security.

E.g. Supreme Court struck down invasive bail conditions in 2023.

• Social Stigma: Visible devices like ankle monitors can lead to discrimination and isolation.

• Technical Failures: GPS and monitoring systems may not function effectively in remote areas.

• Financial Burden: Debate over whether costs should be borne by the government or the accused.

Global Practices:

1. 1.United States: Widely used for pre-trial and parole cases but criticized for “e-carceration” and social inequities.

1. 1.European Union: Countries like the UK and Sweden employ electronic tags for conditional pre-trial releases.

Conclusion:

Electronic tracking is a cost-effective and humane alternative to incarceration, offering relief to overcrowded prisons. However, its success depends on robust privacy safeguards, equitable implementation, and judicial oversight to balance rights and justice.

Insta Links:

• Bail-Undertrials

• With reference to India, consider the following statements: (UPSC-2021)

• When a prisoner makes out a sufficient case, parole cannot be denied to such prisoner because it becomes a matter of his/her right.

• State Governments have their own Prisoners Release on Parole Rules.

Which of the statements given above is/are correct?

• Both 1 and 2

• Neither I nor 2

Answer: b)