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LATEST NEWS UPDATES | Undertrials in jail for long may be freed -Deeptiman Tiwary

Undertrials in jail for long may be freed -Deeptiman Tiwary

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published Published on Feb 11, 2013   modified Modified on Feb 11, 2013
-The Times of India

Undertrials languishing in jails for long years because of their inability to secure bail may soon be released following the Centre directive to all states and Union Territories to review such cases.

Saying only the poor and indigent continued to be in jails for long periods and that too for minor offences, the Centre has asked states to release all such undertrials who have completed half the maximum sentence they might have got if convicted of the offence committed. They are to be freed on personal bond without seeking any surety. The cases against them, however, will continue in the courts.

According to government estimates, 67% of all inmates in jails across the country are undertrials. Most of them are either petty thieves or beggars who have no money or family members to bail them out. Coming from extremely poor sections of society, most of them are illiterate and not even aware of their rights as undertrials.

In 2005, the case of Machang Lalung, a tribal from central Assam, shocked the nation's conscience. Lalung was arrested on the charge of physical assault (Section 326 of IPC) at the age of 23 and was released 54 years later at the age of 77 without ever going to trial. He died two years later in 2007.

Keeping this in mind, the government has also asked jail superintendents to conduct a survey of all cases where undertrial prisoners have completed more than one-fourth of the maximum sentence and send the list to the District Legal Service Authority (DLSA). It has also asked prison authorities to educate undertrials on their right to bail and provide them legal aid through empanelled lawyers of DLSA.

In an advisory sent to all states and Union Territories, the home ministry said that under Section 436A of CrPC, an undertrial prisoner completing half the maximum period of imprisonment should be released by the court on his personal bond with or without sureties, with the exception of those involved in heinous crimes.

"Invariably, it has been found that only the poor and indigent who have not been able to put up the surety are those who have continued to languish as undertrials for very long periods and that too for minor offences. The lack of adequate legal aid and a general lack of awareness about rights of arrestees are principal reasons for the continued detention of individuals accused of bailable offences, where bail is a matter of right and where an order of detention is supposed to be an aberration," the advisory said.

The ministry said except those who are charged with offences punishable with death sentence, no person can be detained in prison as an undertrial for a period exceeding the maximum possible sentence.

Maintaining that a disproportionate amount of prison space and resources were being invested on undertrial prisoners which was not sustainable, the Centre told the states and UTs to constitute a committee in every district with the district judge as chairman and the district magistrate and district SP as members, to meet every three months and review cases.

It also said that survey lists prepared by jail superintendents be made available to non-official visitors as well as district magistrates/judges who conduct periodic inspections of jails. State home departments have been asked to develop a management information system to ascertain the progress made jail-wise in this regard. An action-taken report has been sought from states on all these issues within a month.

The Times of India, 11 February, 2013, http://timesofindia.indiatimes.com/india/Undertrials-in-jail-for-long-may-be-freed/articleshow/18437937.cms


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