One of the most neglected aspects of criminal justice system is the delay caused in the disposal of cases and detention of the accused whose trial is pending before court of law. These undertrial prisoners are put in prison mainly under non-bailable offences and persons who are unable to furnish sureties in cases of bailable offences.
Undertrial prisoners are those persons who are facing trials in the competent courts. They are technically under judicial custody but for all practical purposes are kept in the same prison. In many countries there are separate institutions for undertrials. Delay in trial of cases is the main human rights issue of undertrials. The purpose of keeping undertrials in the custody is to ensure fair trail …show more content…
After it has been determined that the prisoner is not eligible for or cannot furnish bail, the judge in charge of the case will indicate that the prisoner should be remanded to the custody.
To detain a person in prison without trial is denial of the human rights of such under trial prisoners. Speedy trial is of the essence of criminal justice for the under trial prisoners and, therefore, delay in trial by itself constitutes denial of justice.
Undertrials in the Indian Prisons are kept in the same jail where the convicted prisoners are kept. However, it has been made compulsory for the prison officers to provide separate accommodation for the undertrials. The Model Prison Manual advocates that no convicted prisoner shall be kept in the same area in which undertrial prisoners are kept, or be allowed to have contact with undertrial prisoners. No convicted prisoner shall be allowed to enter the undertrial yard or …show more content…
The convicts are actual prisoners in true sense of the term. Once the Court has pronounced them guilty and awarded them a sentence of imprisonment, the job of the Court is over and such persons (the convicts) are handed over to State or the government (indicted to the custody of the State). It is the State (not the Courts) who decides where or in which jail such convicts will be kept. Such prisoners can come out of Jail only after completing their sentences .
PROBLEMS/CHALLENGES FACED BY UNDER TRIAL PRISONERS
The criminal justice delivery system in India saw more than 0.2 million undertrial prisoners being neglected in jail for many years, in many cases it exceeded the maximum sentence for the crime which they had committed. Lack of coordination between the Centre, Judiciary & State Governments & also because they did not have anyone to stand as guarantors nor assets to furnish as bail bonds, the poor continued to suffer in prisons. There have been cases where the amount of bail is disproportionately high. Given Below are some challenges that every under-trial prisoner goes through in Indian jails:
1) Prison violence