Trace Your Case

ISSUE:

Whether undertrial prisoners (UTPs) languishing in jails for periods exceeding half of the maximum sentence for their alleged offense have an automatic right to bail.

Whether Section 436A of the Code of Criminal Procedure should be implemented to address the issue of undertrials in Indian prisons?

RULE:

Principle of Fair Trial: The court emphasized the necessity of ensuring that all individuals, particularly under-trial prisoners, are afforded a fair trial. By facilitating timely hearings and reviews of detention, the court sought to uphold the rights of these individuals and prevent indefinite detention without trial.

Right to Liberty: The court recognised the right to liberty as a fundamental right. By mandating the release of under-trial prisoners who have completed the stipulated period of detention, the court aimed to prevent unjust and prolonged incarceration, particularly for individuals who may have already served a significant portion of their potential sentence.

Legislative Intent: The court interpreted the legislative provisions concerning under-trial detention, particularly emphasizing the need for effective implementation of laws designed to protect the rights of such prisoners. The court acted on the intent of the law to avoid excessive detention and to ensure that the rights of under-trial prisoners are respected.

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