undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the Court on his personal bond with or without sureties:
Provided that the Court may, after hearing the Public Prosecutor and for reasons to be recorded by it in writing, order the continued detention of such person for a period longer than one-half of the said period or release him on bail instead of the personal bond with or without sureties.Provided further that no such person shall in any case be detained during the period of investigation inquiry or trial for more than the maximum period of imprisonment provided for the said offence under that law. The provision is an important landmark towards protection of basic human rights of under-trial prisoners. In addition, it will also help decongest our correctional homes. The responsibility for implementation of this important Law chiefly lies with Jails Department.

We have started the work of its implementation in our State. Instructions are now being given to the Superintendents from time to time for submission of prayers in the Courts for release of such under-trial prisoners either on bail or PR Bond when they become entitled for relief under this legal provision. The work of implementation of this law needs to be intensified. For this purpose, there is a requirement for an institutionalized mechanism for a periodical review of implementation of this section regularly in future.

We have sent a proposal to the Government to appoint a Review Committee for Implementation of Sec 436A CrPC in the State bi-monthly. The Commonwealth Human Rights Initiative, an NGO in special consultative status with the Economic and Social Council of the United Nations is helping us in implementation of the provisions of 436A CrPC in a regular manner.