RIGHTS OF AN UNDER-TRIAL PRISONERS IN INDIA
Downloads
Abstract
An under-trial prisoner is a one who face trails in the competent court. These prisoners to speak technically, are the ones who face trials and during the thus are kept in the prison. The purpose for this concept of imprisonment or confining a person within a prison was not to punish, but was a means of keeping the accused of a crime detained until the actual punishment could be carried out. London is considered to be the birth place of prisons where Bentham was against the concept of death penalty and thus, prisons were created to hold prisoners as a part of punishment. The concept has since then changed a lot. Prisons, are now also being used as to hold accused. The Supreme Court has lamented on this issue in Re Inhuman Conditions1. Due to the heavy burden on the courts and the procedural laws, the Judge in a case takes a lot of time to deliver the judgement. This in turn makes the accused suffer in prison. In actual 67.2% of prisoners in Indian jails are under-trials2 who may or may not be punished. Thousands of them are arrested on suspicion of committing petty crimes and are languishing in jails for a much longer than the actual punishment for the crime if committed. This, raises a very serious problem in the process of the administration of justice, and hence is a serious issue under the Criminal Law System.
External References to this Article
Loading reference data...
License Terms
Ownership and Licensing:
Authors of research papers submitted to any journal published by The Law Brigade Publishers retain the copyright of their work while granting the journal specific rights. Authors maintain ownership of the copyright and grant the journal the right of first publication. Simultaneously, authors agree to license their research papers under the Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) License.
License Permissions:
Under the CC BY-SA 4.0 License, others are permitted to share and adapt the work, even for commercial purposes, provided that appropriate attribution is given to the authors, and acknowledgment is made of the initial publication by The Law Brigade Publishers. This license encourages the broad dissemination and reuse of research papers while ensuring that the original work is properly credited.
Additional Distribution Arrangements:
Authors are free to enter into separate, non-exclusive contractual arrangements for distributing the published version of the work (e.g., posting it to institutional repositories or publishing it in books), provided that the original publication by The Law Brigade Publishers is acknowledged.
Online Posting:
Authors are encouraged to share their work online (e.g., in institutional repositories or on personal websites) both prior to submission and after publication. This practice can facilitate productive exchanges and increase the visibility and citation of the work.
Responsibility and Liability:
Authors are responsible for ensuring that their submitted research papers do not infringe on the copyright, privacy, or other rights of third parties. The Law Brigade Publishers disclaims any liability for any copyright infringement or violation of third-party rights within the submitted research papers.
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
Copyright © 2026 by Kumar Karan, Aman Chachan
The copyright and license terms mentioned on this page take precedence over any other license terms mentioned on the article full text PDF or any other material associated with the article.
