In State of Rajasthan v. Balchand (1977), Justice V.R. Krishna Iyer wrote the line every law student knows: the basic rule is bail, not jail. It is cited constantly. It is followed far less.
The numbers
According to the National Crime Records Bureau's Prison Statistics, roughly three-quarters of India's prison population are undertrials, people not yet convicted of anything.
Satender Kumar Antil (2022)
The Supreme Court laid down categories of offences and guidelines for trial courts, urging that bail applications be decided quickly and that arrest not be routine where it is not necessary.
"Liberty is not a gift of the State. Bail is how the law keeps that promise before trial."
What has changed under the BNSS
The Bharatiya Nagarik Suraksha Sanhita, 2023 carries forward provisions for releasing first-time undertrials who have served a portion of the maximum sentence. Whether it narrows the gap depends, as always, on implementation.
Not legal advice. This explainer covers the law in general terms. Consult an advocate for your case.