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Official Website of West Bengal Prisons, India - Pre-Independence History

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.


The Commonwealth Human Rights Initiative is an organization working for the Protection of Human Rights of different sections of society. It has been organizing consultations in collaboration with the Prison Department, the State Legal Services Authority and the judiciary in different parts of the country. A consultation was organized by CHRI at Kolkata on August 22, 2009 for the Correctional Officers of the West Bengal Correctional Services, Welfare Officers and the Medical Officers from the correctional homes in the State also attended. The aim of the consultation was to discuss some of the important legal provisions pertaining to prisoners’ rights, bail and the prison visiting system, as well as discussions on ways to implement them.

Official Website of West Bengal Prisons, India - Ongoing Reforms, Legal Justice

Since the Prison Officers’ knowledge regarding the latest amendments of CrPC and various procedural laws as well as judgments of Hon’ble Supreme Court / High Courts of India needs to be updated from time to time, it was a good opportunity for the officers of the State in this respect. The prisoners will be ultimately benefited by such awareness and sensitization programme for the officers of correctional services



  • Increased judicial support.
  • Inter-departmental cooperation/dialogue for justice.
  • Partnership of civil society organizations.
  • Hearing in the correctional homes.
  • Q-A sessions of prisoners with Judges.