Rights of undertrials

Rights of undertrials

 Author:- Sadique Ali, Lloyd law college 

Innocent till proven guilty?

 Introduction

Under-trial prisoners constitute a significant majority of prison population (65.7%).All the 2,45,244 persons who are within prisoners as under-trials are deemed to be innocent in the eyes of law because  they have yet not found to be guilty of any offence. In a system where individual liberty and fundamental rights are so deeply rooted and provided to the citizens, it’s a matter of disgrace that we may call our system just and fair. For these persons are treated in the same manner as other convicts in the prison.

Under trials prisoners are those who facing trials in the competent courts. They are technically under judicial custody but for all practical purpose are kept in same jail where the convicted prisoners are kept.

Meaning of undertrial

term ‘Under-trial’ denotes an unconvicted prisoner i.e. one who has been detained in prison during the period of investigation, inquiry or trial for the offence he/she is accused to have committed. According to The ‘Prison Statistics India 2015’ report, which was released by the National Crime Records Bureau (NCRB) in October 2016, Sixty-seven per two-thirds)of the people in Indian jails are undertrials which amounts to over 200,000 under-trial prisoners.

Undertrial means a situation where the accused is facing a criminal trial but is not released on bail (in prison) and law requires that such accused should get the speedy trial.

Rights of undertrials

The Rights Of Undertrial There are some rights which are enjoyed by an undertrial during investigation, inquiry and trial which are necessary for him to seek justice.

 Following are the Rights of Undertrials.

 Right to Fundamental Rights. Fundamental rights which are provided by par-III of the Indian Constitution are the first and the foremost rights which are enjoyed by the Undertrials during the trials. The most important among which is Article-14 i.e. Equality before Law, which reads as ‘the state shall not deny to any person equality before the law or the equal protection of laws within the territory of India.

Right to life and personal liberty.

 This right is provided by Article 21 of the Constitution of India which reads as “No person shall be deprived of his life and personal liberty except according to the procedure established by law”.

Right to live with human dignity.

 In the new dimension of Article 21, the Hon’ble Supreme Court held that “right to live” does not mean mere confinement to physical existence but it includes within its ambit the right to live with human dignity.

 Right to Know the Grounds of Arrest.

 Article 22 (1) of the Constitution provides that a person arrested for an offence under ordinary law be informed as soon as may be the grounds of arrest. In addition to the constitutional provision, Section 50 of Criminal Procedure Code also provides for the same. 

Right to Consult a Legal Practitioner. 

It is one of the fundamental rights enshrined in our Constitution. Article 22 (1) of the Constitution provides, that no person who is arrested shall be denied the right to consult and to be defended by a legal practitioner of his choice. The right of the accused to have a counsel of his choice is fundamental and essential to fair trial. The right is recognized because of the obvious fact that ordinarily an accused person does not have the knowledge of law and the professional skill to defend himself before a court of law wherein the prosecution is conducted by a competent and experienced prosecutor. This also includes the right to free legal aid provided by Article 39A of the constitution of India.

Right to Speedy Trial.

 Justice delayed is justice denied. This is all the more true in a criminal trial where the accused is not released on bail during the pendency of the trial and trial is inordinately delayed. However, the code does not in so many words confer any such right on the accused to have his case decided expeditiously. Section 437(6) of Criminal Procedure Code provides that if the accused is in detention and the trial is not completed within 60 days from the first date fixed for hearing he shall be released on bail. But this only mitigates the hardship of the accused person but does not give him speedy trial and secondly this rule is applicable only in case of proceedings before a Magistrate.

 

 This article had taken by The rights of undertrials critical study by http:/ /ijrar.com/ [VOLUME5| ISSUE 2| APRIL-JUNE 2018]