Rights Of Under Trial Prisoners And Convicts
Rights of Undertrial Prisoners and Convicts
Under Indian law, there is a distinction between undertrial prisoners (those awaiting trial) and convicted prisoners (those sentenced). Both have certain fundamental rights under the Constitution of India, statutory provisions, and judicial pronouncements.
1. Rights of Undertrial Prisoners
Undertrials are individuals who are detained but not yet convicted. They have the right to:
Presumption of Innocence
Every undertrial is presumed innocent until proven guilty (Article 21, 22 of the Constitution).
They should not be treated as convicts.
Right to Bail
Unless the offense is non-bailable or there is a risk of absconding, undertrials have the right to seek bail.
Humane Conditions of Detention
Adequate food, clothing, medical facilities, and sanitation are mandatory.
Prolonged detention without trial is a violation of Article 21 (Right to Life and Personal Liberty).
Speedy Trial
The accused has a constitutional right to a fair and speedy trial.
Legal Aid and Access to Lawyer
Under Section 304 of CrPC and Article 22(1), undertrials have the right to legal representation.
2. Rights of Convicted Prisoners
Once convicted, the person loses liberty but still retains certain fundamental rights:
Right to Human Dignity and Proper Treatment
Includes proper medical care, nutrition, and safe living conditions.
Right to Legal Remedies
Convicts can appeal, seek remission, parole, or petition for review.
Right Against Torture or Cruel Treatment
Prison authorities cannot subject convicts to degrading treatment.
Right to Remunerative Work
Convicts may be entitled to labor opportunities and vocational training.
Important Case Laws
Here are 4–5 landmark cases that define and protect these rights:
1. Hussainara Khatoon v. State of Bihar (1979) AIR 1369
Facts:
Thousands of undertrial prisoners in Bihar were detained for periods far exceeding their maximum sentences for the alleged offenses.
Key Points:
The Supreme Court held that prolonged detention of undertrials violates Article 21 (Right to Life and Liberty).
The Court emphasized the right to speedy trial and stated that undertrials should not languish in jail unnecessarily.
Significance:
Established that undertrial prisoners have fundamental rights, and detention beyond reasonable time is unconstitutional.
Led to reforms in bail and speedy trial mechanisms.
2. Sunil Batra v. Delhi Administration (1978) AIR 1675
Facts:
Prisoners complained about inhuman conditions and cruel treatment inside Tihar Jail.
Key Points:
Supreme Court recognized that prisoners retain their fundamental rights under Articles 14, 19, and 21.
Courts can intervene to ensure decent living conditions and human treatment in prisons.
Significance:
Introduced the concept of prisoners’ human rights enforcement under judicial review.
Laid down the principle that prison is not a place of vengeance, but rehabilitation.
3. Prem Shankar Shukla v. Delhi Administration (1980) AIR 1535
Facts:
A convict challenged arbitrary restrictions and denial of basic amenities in prison.
Key Points:
Supreme Court held that prisoners have the right to decent living conditions, medical care, and minimum comforts.
Emphasized that incarceration does not strip a person of all fundamental rights.
Significance:
Strengthened judicial oversight of prisons.
Reinforced that Article 21 protects convicts and undertrials alike.
4. Sunil Batra II v. Delhi Administration (1980) AIR 1990
Facts:
Prisoners complained about custodial violence and disciplinary procedures.
Key Points:
Supreme Court held that prisoners cannot be subjected to inhuman or degrading punishment.
Prison authorities must follow due process even within prison discipline.
Significance:
Expanded rights of prisoners to fair treatment inside jail.
Introduced judicial review over prison disciplinary actions.
5. D.K. Basu v. State of West Bengal (1997) 1 SCC 416
Facts:
A petition highlighting custodial torture and deaths in police lockups and jails.
Key Points:
Supreme Court laid down detailed guidelines for arrest and detention:
Arrest memo with time and date.
Right to inform family.
Medical examination at time of arrest.
Copies of FIR to be provided.
Recognized custodial rights and safeguards against abuse.
Significance:
Though not limited to prison, it strengthened rights of undertrials and convicts during detention.
Reinforced constitutional safeguards against torture.
Summary Table
| Right/Issue | Undertrial Prisoner | Convict | Key Cases |
|---|---|---|---|
| Right to speedy trial | Yes | Not applicable | Hussainara Khatoon |
| Presumption of innocence | Yes | No | Hussainara Khatoon |
| Humane treatment | Yes | Yes | Sunil Batra I & II, Prem Shankar |
| Legal aid & lawyer access | Yes | Limited but appeal available | D.K. Basu, Hussainara Khatoon |
| Protection from torture/degrading treatment | Yes | Yes | Sunil Batra I & II, D.K. Basu |
RELATED Blog
0 comments