Summary
Criminal proceedings are the judicial determination of the issues in a case based on the facts or facts that may show that the dispute is accepted, in order to determine the issue, and the taking of evidence regarding the facts on which the plaintiff and the defendant have agreed. The guilt or innocence of the accused is the determining factor. Since the purpose is to achieve justice, identify and protect the innocent, the trial should seek to know the truth and follow the standards of handling the innocent and punish the sinners. Qualified and verbal (not a specific item) legal review of all documents is the basis for payment.
Legal examination of all oral statements and circumstantial evidence (not just one piece of evidence) is the way to prove beyond a reasonable doubt. The most important issue is that the trial progresses rapidly so that no one suffers unnecessarily because of how bad our nation’s prisons are and how many imprisonments can be made while waiting for the hearings rather than living.
Who is the prisoner awaiting trial?
Unconvicted persons are called pre-trial detainees. Defendants are arrested while the crime for which they are arrested is being investigated, questioned or tried, this is called “pre-trial detention”. In order to interpret the sentence correctly, it is necessary to understand two things: (ii) that the accused is in prison and (iii) the time from his arrest to the end of the criminal case.
A pending prisoner is a defendant who is usually released on bail or is released on bail because he has the legal right to bail but does not provide insurance and liability.
It also includes defendants who are not charged but released on bail for offenses that do not meet the necessary conditions set by law.
Problems faced by prisoners during trial
The number of criminals on trial in our country is increasing more and more every hour. Its development even increased after convicts were detained in the courts. Percent of those awaiting trial with more than a year’s imprisonment and long-running litigation and trials have increased significantly. According to information and department reports, there are 3 of them.
At the end of 2019, the number of prisoners awaiting trial stood at 2.8 million. By comparison, the 142,000 convicts convicted by the courts were less than half of those awaiting trial.
An Important problem in criminal cases is the increase in the number of important investigations. Now there is more than 1.7 billion criminal cases (trials and appeals) pending over a year. Of these, more than 2.2 million patients have been waiting for more than 10 years from the date of admission. There are some negative correlations between the number of offenders awaiting trial and the number of crimes being prosecuted. Forty years ago, the Supreme Court made a harsh statement about inadequate prison trials, calling them “the disgrace of the justice system” because they routinely allow people to stay in prison for long periods before trials begin.
Prisoners often have no purpose or hope due to poor health and sanitation, lack of clean food, and discrimination and inequality among prisoners. Closed for religious, economic and other reasons. Thing Prisoners’ rights at trial:
1. Fair trial
Fair trial means equal treatment of both the accused and the prosecutor. Every criminal trial begins with the presumption of innocence of the accused, and the provisions of the Criminal Code state that this presumption should guide the criminal proceedings from the beginning. A defendant is presumed innocent unless his guilt is proven beyond a reasonable doubt. The speedy resolution of criminal cases is a priority that has become essential today.
The mental and physical abuse that comes with incarceration worsens while the suspect is in custody and continues to be suspended. The law requires all issues to be resolved quickly.
2. The right to legal aid and protection
Our choice of aid for terrorist attacks, we hope the state will use its investigative tools and hire lawyers who can prosecute the accused. Appoint an equally competent attorney to challenge the evidence of the Plaintiff to be prosecuted. Therefore, under Article 21 of the Constitution of India and Article 303 of the Penal Code, the accused has the right to seek advice and be represented by a lawyer of his choice. However, if the accused is unable to hire a lawyer to defend himself due to poverty or poverty, then the power of the lawyer he chooses to represent him is of no use.
3. Payments to Prisoners Awaiting Trial
In other cases, detainees awaiting trial are sentenced to more than the maximum amount allowed to a person. They are charged with committing a crime. Section 436A of the Criminal Code allows release on parole if a criminal has served half the maximum sentence for the crime and the death penalty is not one of the prescribed sentences. In some cases, the charges must be heard, and the court, after giving reasons, may sentence or release the accused to prison for a term exceeding the maximum sentence.
This is an important measure to address the long-standing grievances of offenders detained for longer than the maximum allowable time.
The Court of Cassation has generally ruled that defendants who have been detained for a long time can be released on bail even if they have been in prison for a long time, even if they have been detained without a chance for pre-trial detention. If the maximum jail term for the crime has been exceeded, he must be released immediately.
4. Bail as a crime
A bail order is an accepted term to describe a clause 167 bail order. In fact, it covers the prosecution’s failure to file a lawsuit within the stipulated time. Pursuant to Article 167(2)(a), the right to have insurance is immaterial.
If the investigative agency does not present a proof of charge before 90 or 60 days (as the case may be) have passed, the accused is released on bail. The suspect has no exceptions for bail. Bail granted under § 167(2) may be withdrawn if the investigation reveals that the accused has committed a serious crime and the case is closed.
Recommendations
Prison work and working areas need to be brought to humane standards. The following steps can be used to achieve this:
1.Classification of prisoners: Penalties should be classified for each crime and prisoners should be classified accordingly. It should be easier, without further delay, to provide separate prisons or detention centers for those awaiting trial.
2. Establishment of a self-regulatory body for the supervision of judicial services: Another condition for the detention of the accused is the recruitment of a legal service that is effectively accountable to an independent institution (designed to oversee the administration of legal aid). . This will ensure that certain minimum requirements are met without any doubts in the level of knowledge.
3. Bail-related legal reform: The bail system should be reorganized and made affordable; for example, setting up a price “slab” system based on person tax income (according to national law). Also, personal relationships information can cover many crimes.
Failure to appear in court on a personal warrant can be turned into a misdemeanor to address concerns that the accused has fled the scene of the crime. No job-based discrimination can be avoided if it is enshrined in Article 15 of the Indian Constitution.
4. Application of Articles 436 and 436A of the Criminal Code: Without further delay, prisoners awaiting trial will be released in accordance with Articles 436 and 436A of the Criminal Code. This is in line with the swift and strict enforcement of the Supreme Court’s decision that all defendants who have served half their sentences will be released if convicted of their unlawful act.
5. Rehabilitation of those questioned after release: The state should establish a plan for the rehabilitation of those questioned after release. There should be a program to provide financial assistance to those imprisoned without trial and eventually released.
6. Increasing the judge-citizen ratio to the level recommended by the various committees is the last but most important move: The selection of judges is now being discussed across the country. The larger problem of the judiciary can be resolved by appointing more judges through judicial review, so it is important to support the labor law to do so that there is no interference between the jury’s decision and the judge’s decision. Final approval by government agencies.
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