NCJ Number
56937
Journal
Indian Journal of Criminology Volume: 7 Issue: 1 Dated: (JANUARY 1979) Pages: 41-45
Date Published
1979
Length
5 pages
Annotation
PRETRIAL DETENTION PRACTICES IN INDIA ARE DESCRIBED AND REFORMS ARE PROPOSED.
Abstract
IN INDIA PERSONS WHO ARE DETAINED IN JAIL WHILE AWAITING TRIAL ON CRIMINAL CHARGES ARE REFERRED TO AS UNDER-TRIAL PRISONERS. THESE PERSONS ARE HOUSED TOGETHER WITH AND TREATED MUCH THE SAME AS CONVICTED OFFENDERS, ALTHOUGH A LARGE PERCENTAGE (ABOUT 40 PERCENT) ARE EVENTUALLY ACQUITTED, DISCHARGED, OR OTHERWISE RELEASED. IT CAN TAKE MONTHS OR EVEN YEARS FOR A DETAINEE'S CASE TO COME TO TRIAL. THE PLIGHT OF THE ACCUSED IN INDIA HAS LONG BEEN A MATTER OF CONCERN; THE INDIAN JAILS COMMITTEE OF 1919-1920 TOOK THE PROBLEM INTO CONSIDERATION. THE FOLLOWING MEASURES TO IMPROVE PRETRIAL DETENTION PRACTICES AND OTHER ASPECTS OF THE TREATMENT OF ACCUSED PERSONS IN INDIA SHOULD BE CONSIDERED: (1) FEWER, MORE CAREFULLY CONSIDERED ARRESTS BY POLICE; (2) A SYSTEM FOR COMPENSATING INNOCENT DETAINEES FOR THEIR LOSS OF TIME AND LIBERTY; (3) GOVERNMENT ASSISTANCE FOR THE DEPENDENTS OF DETAINEES; (4) SPEEDIER TRIALS; (5) BETTER CONDITIONS IN THE JAILS; AND (6) MORE LIBERAL USE OF THE SUMMONS AND OF BAIL. IMPROVING THE LOT OF UNDER-TRIAL PRISONERS WOULD BE A MAJOR STEP TOWARD PENAL REFORM IN INDIA. A LIST OF REFERENCES IS INCLUDED. (LKM) (LKM)