RIGHTS OF UNDERTRIAL PRISONER

 RIGHTS OF UNDERTRIAL PRISONER

INTRODUCTION

Undertrial prisoner in the current scenario in prison Consists of about 69% approximately in population according to a study published on thehindu.com on September 11, 2020. All the undertrial prisoners are said to be innocent until proven guilty, Then how can our judicial system be fair when approximately 70% of people ( who are innocent until proven guilty) Are in jail. An effective criminal justice system inventively needs to assure that the accused stand trial for the crime they are alleged to have committed. Under a constitutional scheme, the presumption of innocence is a fundamental right and liability, of paramount value, but poor, disabled, aged, mentally ill, children and women do get lost in the system or have to suffer a long period of in grey while Awaiting trial.

Meaning of under trial

The term under trial denotes and on convicted prisoners, I.E.who have been detained in present during the period of investigation, inquiry, or trial for the offense which have been committed.

The right of under trial

Even the person who is facing trial and is in prison has rights that he/she can enjoy and they are prescribed in the Indian Constitution, the code of criminal procedure, Indian penal code.

Following are the rise of under trial

1. Right to fundamental rights prescribed in part three of the Indian Constitution is the first and the foremost flight which is enjoyed by the under-trial prisoners during the trial. The most important among which is article 14 - i.e equality before the law.

2. Right to life and personal liberty the right is provided by article 21 of the Indian Constitution which states that no person shall be deprived of his personal liberty and life except according to the procedure established by law.

3. Right to know the ground of arrest under article 22 subclause 1 of the Indian Constitution provides that a person arrested for an offense under ordinary law be informed as soon as possible of the ground of his or her arrest.

4. Right to consult a legal practitioner this also includes the right to free legal aid provided by article 39A of the Indian Constitution.

5. Right to be examined by a medical practitioner under trial prisoner has the right to enjoy medical examination by virtue of section 54 of the code of criminal procedure.

6. Right to bail-It is provided under section 436 of CRPC 1973. It means to set at liberty a person arrested or imprisoned, On security being taken for his appearance on a day at a place certain because the party arrested or imprisoned is delivered into the hands of those who bail themselves or becomes bail for his due appearance when required, so that he may be safely protected from prison.

7. Right to Speedy Trial- It is prescribed under section 437(6) of CRPC that the accused is in detention and the trial is not completed within 60 days from the first date fixed for hearing he/she shall be released on bail.

* other rights provided by article 20 of the Constitution-*

• protection against en post-facto laws

• 2.doctrine of ‘antre fois acquit’ and ‘antre fois convict’

• protection against self-incrimination

• compensation for wrongful arrest

• the right to appeal.

• Right a fair trial.

• Right to security of life inside the jail.

• right to be heard about this sentence upon conviction.

• right to be tried by an independent and impartial judge.

• right to have the benefit of the presumption of innocence till guilt is proved beyond a reasonable doubt.