Rights of an Accused in India
ABSTRACT
An arrested person in India, like any other country, has certain rights. In India, the rights of the accused are divided into three categories: rights prior to trial, rights during trial, and rights after trial. Among the rights of the accused are the right to a fair trial, the right to bail, the right to hire a criminal counsel, free legal aid in India, and other privileges.
The legal idea is that one is deemed innocent unless proven guilty.
The legal maxim states, "Ei incumbit probatio qui dicit, non qui negat." This indicates that the person who asserts bears the burden of evidence, not the person who denies.
This adequately describes why it is vital to have the rights of accused individuals. According to numerous laws, each individual has fundamental human rights.
Under the Indian constitution, an accused individual has some fundamental rights. These rights are granted to everybody, regardless of whether or not a person is accused of a crime.
As a result, those suspected of crimes have some rights until the offence is confirmed. In India, these rights are granted to the accused on the basis of the adage, "Let hundreds go unpunished, but never punish an innocent person."
RIGHTS OF CRIMINALS IN INDIA
The judicial system plays an important role in India because it establishes the laws that all citizens must follow. Every nation's judiciary has an obligation and a constitutional role to protect citizens' human rights. Because every country has judicial authority to protect its national citizens, it is obligated to make prison rules and regulations for those who violate the law. However, this does not imply that a country's constitution does not grant prisoners any rights. The Supreme Court of India interpreted the scope of Article 21 of the Indian constitution and developed human rights jurisprudence to provide protection and rights to prisoners in order to maintain their human dignity. If any one person violates the rights of prisoners, then they violated the provision of article 14.
?a) RIGHT TO LEGAL AID:
Legal aid is a legal remedy that allows people to protect their human rights during a trial or conviction for any crime. In the case of M.H Hoskot v. State of Maharashtra, "the court held that the right to legal aid is one of the components of fair procedure, i.e., the Supreme Court reading article 21 and 39-a, read together with article 142 and section 304 of the CrPC, acknowledge that the government was under duty to provide legal service to the accused persons."
b) RIGHT TO SPEEDY TRIAL:
Article 21 of the Indian constitution guarantees prisoners the right to a speedy trial as a fundamental right. This article ensures that the procedure is just, fair, and reasonable. Because the provision of a speedy trial is a socio-legal right to protect the individual, it is critical for the accused. It is in the best interests of everyone involved if the accused's guilt or innocence is discovered as soon as possible in these situations. The primary goal of the criminal justice system is to ensure that accused are tried as soon as possible. Once the court has taken cognizance of the allegation, the trial must be completed as soon as possible in order to determine who is innocent or guilty and to discharge the innocent. It is pertinent to mention that if there was a delay in, directly constitute denial of justice. The right of speedy trial is contained under section 309 of CrPC.
In Hussainara Khatoon (II) v. Home Secretary, State of Bihar, the Court held that a procedure that keeps such a large number of people behind bars without trial for such a long time cannot possibly be considered reasonable, just, or fair in order to be in accordance with the requirement of Article 21.
c) RIGHT AGAINST INHUMAN TREATMENT OF PRISONERS
Article 21 states that no one shall be deprived of his life or personal liberty unless in accordance with the legal procedure. And human rights are an essential component of a decent existence. As a result, the expression of personal life must include protection from torture and violence by the state or its agents.
In the matter of A.K. Gopalan v. Union of India,
In this case, the petitioner, communist leader A.K Gopalan, was arrested under the Preventive Detention Act of 1950. He challenged the legality of his imprisonment under the Act, claiming that it violated his right to freedom of movement under Article 19(1)(d), which is the core of personal liberty granted by Article 21 of the Indian Constitution.
d) RIGHT TO BE INFORMED AND TO MEET FAMILY MEMBERS AND FRIENDS
Sunil Batra (II) v. Delhi Administration was the case. Where the Supreme Court acknowledged the inmates' right to be visited by friends and family. The Court supported their visits, although they were subject to search and punishment, as well as other security measures. Visits from family and friends to prisoners provide relief in an insulting situation, and only a dehumanised institution can take vicarious pleasure in denying jail inmates of this humanitarian amenity. These rights are enshrined in Articles 21 and 22(1) of the Constitution and must be recognised and safeguarded.
e) RIGHT TO ENGAGE LAWYERS
In the case of Hussainara Khatoon v. Home Secretary, Bihar
According to the Hon'ble Supreme Court, it is the Constitutional right of every accused person who is unable to engage a lawyer and secure legal services due to reasons such as poverty, indigence, or incommunicado situation to have free legal services provided to him and the State, and the State is under Constitutional duty to provide such person with a lawyer if the needs of justice so require. If free legal services are not supplied, the trial may be tainted, as stated in Article 21.
f) NARCO ANALYSIS OR BRAIN MAPPING
领英推荐
Narco analysis, polygraph tests, and brain mapping were discovered to be the most desired instruments for investigating agencies in the developing growth of science and technology. Unfortunately, the procedure was deemed a violation of a wise man's right to privacy. Previously, such tests were carried out in the Arushi murder case, the Abu Salem case, the Pragya Thakur case, and others.
The Supreme Court ruled in Selivi and others v. State of Karnataka that using narco analysis, brain mapping, and polygraph tests on accused, suspects, and witnesses without their agreement is unconstitutional and violates their right to privacy.
g) RIGHT TO REASONABLE WAGES IN PRISON:
The precise meaning of remuneration. "A sum of money paid to someone for the task he has done." The remuneration shall not be less than the minimum wage level and must be paid to the individual who has been assigned as state labour or service.
People's Union for Democratic Rights v. Union of India 40 "the court explained that: when an individual offers labour or services to another individual and the remuneration paid to him is less than minimum wages in comparison to the labour or service offered by him clearly falls within the scope and meaning of "forced labour" under Article 23 of the Indian Constitution."
CONCLUSION
There is no express guarantee of prisoner's rights in India's Constitution. However, some rights are granted to inmates under Part III of the Constitution since a prisoner remains a "person in the jail." A prisoner is a person who has lost his personal liberty as a result of being convicted of a crime, and incarceration is the most prevalent kind of punishment granted by all legal systems. Imprisonment causes the prisoner to repent of his previous actions. The judiciary protects and acknowledges the rights of inmates. Torture and solitary imprisonment are not permitted. Specific legislation in the Constitution, such as the Prisoners Act of 1900, the Prisoners (Attendance in Courts) Act of 1955, and the Prison Act of 1894, establish that certain rights of prisoners are enforced. There are also Prison and Police Manuals that include specific regulations and protections for the convicts, and the prison officials are required to observe these guidelines. The Universal Declaration of Human Rights states that "all human beings are born free and equal in dignity and rights." They are gifted with reason and conscience and should act in a brotherly manner toward one another.
REFERENCES
BOOKS:
1. Pandey, J.N., 'The Constitutional Law ( India’, 49th ed, Central Agency, Allahabad
2. Shukla, V.N., ‘Constitution of India’ 11th edn, Eastern Book Company, Delhi, 2008.
3. Chandra,U., Human Rights' Allahabad Law Agency Publications?
4. Prof. N.V. Paranjape, ‘Criminology and Penology', Central Law Publication
WEBSITES:
1. https://www.lawaudience.com/rights-of-prisoners-in-india-a-legal-analysis?
2. https://www.legalserviceindia.com/legal/article-75-rights-of-prisioners.html
4. https://www.srjis.com/pages/pdfFiles/150748315730%20Deepak %20kumar.pdf