Each person should be treated with equity, justice, and a moral conscience in accordance with the principles of fairness and natural justice. After the Supreme Court recognised Niranaram Chetanram Chaudhary’s [1]status as a juvenile in September 1994, he was recently released. He had served 28 years in prison for the seven murders.
Another noteworthy incident involved Father Stan Swamy, who was imprisoned for 270 days before he passed away. Umar Khalid, a former student at Jawaharlal Nehru University and a suspect in the Delhi riots, had been held captive for more than a thousand days.[2] Similar to this, many inmates who have been detained for years without being found guilty are still awaiting trial. These instances provide a glimpse into the circumstances that defendants and inmates deal with, but there is still a lot that the public is unaware of regarding the reality of life in prison cells.
LAW PROVISIONS:
According to criminal law, the accused is given substantial protection; this clause is stated explicitly in the Indian Constitution. A fundamental legal idea known as “presumption of innocence” serves as the foundation for the accused person’s protection under the law[3]. This rule guarantees that a defendant is assumed to be innocent until proven guilty beyond a reasonable doubt.
The idea holds that the accused always has the benefit of the doubt and is assumed to be innocent until the evidence at trial proves their guilt beyond a reasonable doubt. The Indian Constitution and particular criminal law regulations protect this constitutional right. [4]According to the Criminal Procedure Code (CrPC), these rights—which include ones for seizure, arrest, and more—can be used before the trial.[5]
An accused person has a right to protection from law enforcement agencies’ arbitrary and illegal arrests[6]. The Court must be cautious to avoid any abuse of authority for personal gain, even though criminal law gives police authorities broad authority to detain and question suspects charged with a Cognizable Offence without bringing them before a judicial officer.
No one should have their legal rights violated, regardless of the alleged crime or offence. Throughout the investigation and courtroom trial, the accused is protected by the law thanks to criminal law.
The rights of the defendant in a criminal trial are clearly defined by the Indian legal system. The rights of an accused person are governed by numerous criminal law provisions and specific laws. Effective defences for the accused during a criminal trial are also provided by legal precedents. The legislation includes safeguards against unfairly punishing innocent people in court.
Indian courts have established guidelines and protections that law enforcement agencies must adhere to while in custody and throughout the trial in order to guarantee a fair trial and uphold the principles of natural justice. These rights are intended to safeguard the accused and lessen their physical and emotional suffering throughout the legal process. In order to protect the rights of both defendants and prosecutors, India has adopted the idea of a speedy trial.
CONSTITUTIONAL PROVISIONS:
The rights of the defendant in a criminal trial are clearly defined by the Indian legal system. The rights of an accused person are governed by numerous criminal law provisions and specific laws. Effective defences for the accused during a criminal trial are also provided by legal precedents. The legislation includes safeguards against unfairly punishing innocent people in court.
Indian courts have established guidelines and protections that law enforcement agencies must adhere to while in custody and throughout the trial in order to guarantee a fair trial and uphold the principles of natural justice[7]. These rights are intended to safeguard the accused and lessen their physical and emotional suffering throughout the legal process. In order to protect the rights of both defendants and prosecutors, India has adopted the idea of a speedy trial.
The Latin proverb “Nemo Bis Punitur Pro Eodem Delicto” [8]encapsulates the idea that no one should face two punishments for the same transgression or error. A person who has already been tried for a crime cannot be tried again for the same offence in a court of law, according to the principle of double jeopardy.
According to this rule, any additional conviction or acquittal for the same offence would violate both Section 300 of the Code of Criminal Procedure[9], 1973 and Article 20 clause (2) of the Constitution if the person has already been found guilty or cleared of a crime by a court with appropriate jurisdiction.
Furthermore, everyone has a right to an equal hearing before an impartial and independent tribunal under Article 10 of the Universal Declaration of Human Rights (UDHR[10]). Their legal rights, responsibilities, and any charges that may be brought against them will be decided by this tribunal. International agreements on civil and political rights contain the principle of equality before the law in Article 14(1).
CONCLUSION:
The lack of basic amenities in jails, including adequate food, medical care, telephones, mattresses, fans, and even basic lighting, causes serious mental and physical problems for the inmates. Daily torture, isolation, violence, and struggle are endured by them; occasionally, this leads to suicide attempts. With a focus on providing correctional treatment to rehabilitate offenders, various legal principles, from retributive to reformative justice, have been emphasised over time.
These prisoners actually require counselling and a glimmer of hope for a future with a better quality of life. No accused person is incapable of reform, according to the Allahabad High Court, which is why every effort should be made to provide them with opportunities for rehabilitation in the case of Babu v. State of U.P.[11]
[1] 2023 SCC OnLine SC 340
[2] https://www-livelaw-in.svkm.mapmyaccess.com/articles/father-stan-swamy-uapa-martyr-but-political-prisoners-continue-to-suffer-without-bail-232260?infinitescroll=1%20accessed%2001%20August%202023
[3] Article 14 of International Covenant on Civil and Political Rights (ICCPR)
[4] Article 22 , right to freedom and personal liberty of the Indian constitution
[5] Section 50 of CrPC
[6] Article 21 to 22 of the Indian constitution
[7] Article 20(2) of the Indian constitution
[8] “Nemo bis punitur por eodem delicto.” A Law Dictionary, legal maxim in United States.
[9] Section 300 of CrPC
[10] Article 10 of Universal declaration of human rights
[11] 2022 LiveLaw (AB) 365
