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Mar 6, 2022
What are the rights of undertrial prisoners?
The Delhi High Court issued a direction to the effect that judicial mind has to be applied while granting an extension of the period of custody of undertrial prisoners.
Who is an undertrial prisoner?
An undertrial prisoner is an accused person who is kept in judicial custody during the time their case is being heard in the court.
What is the difference between police and judicial custody?
A person under police custody will be held at the police station in the physical custody of police officers. Under judicial custody, they will be in the custody of a Magistrate in a jail. Undertrial prisoners are under judicial and not police custody.
What is the maximum period of detention for an undertrial prisoner?
As per section 436-A of the Code of Criminal Procedure, 1973, an undertrial prisoner who is not accused of an offence punishable with life imprisonment or death should be released if they have been detained for half the period of imprisonment prescribed for the offence.
Do undertrial prisoners have any rights?
Yes, undertrial prisoners have several rights:
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- Right to a speedy trial: they have a constitutional right to a speedy trial as well as a fair trial.
- Right against inhuman treatment: they have the right to be treated with dignity, and not be tortured or subjected to any form of inhuman treatment. To this end, they are not allowed to be handcuffed while being transferred from prison to court unless valid reasons can be provided for the same.
- Right to legal assistance: they can avail legal aid to assist with their case during their time as an undertrial prisoner. If they do not have the means to avail the same, they can get free legal services by making an application to the court.
Right to meet family: their family member or friend should be informed of their arrest, and must have the option to visit the prisoner subject to certain security criterion.
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