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Articles for Undertrial Prisoners

Supreme Court Monthly Digest- October 2024 With Statute And Subject Wise Index
1 day, 8 hours ago

Supreme Court Monthly Digest- October 2024 With Statute And Subject Wise Index

Live Law  

Advocate Supreme Court deprecates practice of litigant engaging new lawyer to reargue case after court expressed dissatisfaction on merits. Airports Economic Regulatory Authority of India v. Delhi International Airport, 2024 LiveLaw 812 Arbitration and Conciliation Act, 1996 Section 11 - Arbitration Clause in Public Premises Disputes – Applicability of the Public Premises Act, 1971 vis-à-vis the Arbitration and Conciliation Act, …

India Delhi Supreme Court High Court Court Proceedings Bihar Constitution
9 undertrials booked for threatening jail superintendent in Kalaburagi
3 weeks ago

9 undertrials booked for threatening jail superintendent in Kalaburagi

Hindustan Times  

A case has been registered against 11 people, including nine undertrial prisoners — two of whom are women — from Kalaburagi central jail after an alleged threatening audio message was sent to a police official, warning of a bomb blast targeting jail superintendent’s car, officers familiar with the matter said. According to police, the threat surfaced on November 28 when …

Threat Superintendent Kalaburagi Undertrial Prisoners Jail Superintendent
‘Last person matters most’: SC on freeing eligible undertrial prisoners
1 month ago

‘Last person matters most’: SC on freeing eligible undertrial prisoners

Hindustan Times  

The Supreme Court on Tuesday underscored the urgency of implementing provisions for the release of first-time offenders from prisons, emphasising that justice must extend to the “last person” standing unheard and unseen in the system. A bench of justices Hrishikesh Roy and SVN Bhatti said that ensuring the release of all eligible undertrial prisoners is a critical step toward addressing …

Prisoners Court State Release Bench Person Bnss
SC urges implementation of provisions for releasing eligible undertrial prisoners
1 month ago

SC urges implementation of provisions for releasing eligible undertrial prisoners

Hindustan Times  

The Supreme Court on Tuesday underscored the urgency of implementing provisions for the release of first-time offenders from prisons, emphasising that justice must extend to the “last person” standing unheard and unseen in the system. The Supreme Court’s remarks came while taking stock of the implementation of Section 479 of the Bharatiya Nagarik Suraksha Sanhita, which allows first-time offenders with …

Prisoners Court State Release Bench Person Bnss
Understanding the Supreme Court’s stance on the right to a speedy trial
5 months, 2 weeks ago

Understanding the Supreme Court’s stance on the right to a speedy trial

Hindustan Times  

While granting bail to an accused recently, the SC lamented the “mockery of justice” by the prosecuting agency i.e., the National Investigation Agency and stated that regardless of the seriousness of the offence, the accused is entitled to bail if the prosecuting agency does not ensure a speedy trial. The SC has, through various judgements, held and reaffirmed that the …

Court Bail Right State Accused Nia Bnss
Do prisoners have the right to vote?
8 months ago

Do prisoners have the right to vote?

Hindustan Times  

What legal provisions govern a prisoner's right to vote? Data from the Crime in India 2022 report released by the National Crime Records Bureau reveals that approximately over 500,000 individuals, if not more, will be unable to exercise their voting rights in the ongoing 2024 Lok Sabha elections, by way of their confinement. The court cited three primary justifications: One, …

India Prisoners Court Rights Voting Rights Vote Electoral
Bombay High Court Monthly Digest: December 2023
11 months, 3 weeks ago

Bombay High Court Monthly Digest: December 2023

Live Law  

Nominal Index The Hongkong and Shanghai Banking Corporation v. UoI 2023 LiveLaw 553 Shonali Kedar Dighe v. Ashita Tham and Ors. Juvenile Justice Act 2015 | No Insistence On DOB Certificate From First School Attended To Determine Juvenility Of Accused: Bombay High Court Case Title: Tohid Rehman Shaikh v. State of Maharashtra Citation: 2023 LiveLaw 614 An accused claiming to …

India Justice Mumbai High Court Court Maharashtra Bombay High Court
Too many undertrials in jails raise questions
1 year, 2 months ago

Too many undertrials in jails raise questions

Hindustan Times  

There are 1,319 prisons across the country. Responding to the obvious injustice of the situation, the National Legal Services Authority on September 18 relaunched a special nationwide campaign to reduce the number of undertrial prisoners. At the launch, Justice Sanjay Kishan Kaul exhorted the Supreme Court ’s own special creation, the Undertrial Review Committees to urgently identify undertrial prisoners eligible …

Bail 2021 Utrc Undertrial Prisoners
Stripping Undertrial Prisoners Nude for Conducting Search is Violation of Right to Privacy: Mumbai Court
1 year, 8 months ago

Stripping Undertrial Prisoners Nude for Conducting Search is Violation of Right to Privacy: Mumbai Court

News 18  

A Mumbai court has recently observed that conducting a search of an undertrial prisoner by making him nude amounts to violation of his fundamental right to privacy. Not only this, but using unparliamentary language or filthy language against the accused is also humiliating to the undertrial prisoner,” the court order read. Special Judge BD Shelke was hearing an application filed …

Court Undertrial Prisoners
'Production Of Accused In Court Fundamental To Criminal System': Supreme Court Refuses To Entertain PIL Seeking To Produce Undertrials In Court Virtually
2 years, 2 months ago

'Production Of Accused In Court Fundamental To Criminal System': Supreme Court Refuses To Entertain PIL Seeking To Produce Undertrials In Court Virtually

Live Law  

The Supreme Court, on Tuesday, refused to entertain a Public Interest Litigation seeking directions to prevent undertrial prisoners from being produced in court to ensure safety of judges, prisoners and others inside the courtroom. The matter was heard by a bench comprising Chief Justice UU Lalit, Justice Ravindra Bhat and Justice Bela M. Trivedi. While advising the petitioner to withdraw …

Justice Supreme Court Prisoners Produce Produced Undertrial Prisoners Court Virtually
Right To File Bail Plea Sans Delay & Access To Legal Aid 'Intertwined': Allahabad HC Suggests Positive Measures For Undertrial Prisoners
2 years, 3 months ago

Right To File Bail Plea Sans Delay & Access To Legal Aid 'Intertwined': Allahabad HC Suggests Positive Measures For Undertrial Prisoners

Live Law  

Emphasizing that the rights to file a bail without delay and access to legal aid of an eligible prisoner are intertwined, the Allahabad High Court on Monday suggested some significant positive measures so as to overcome the delay in filing of bail pleas by undertrial prisoners in absence of proper legal aid. "The right of moving a bail application becomes …

Legal Prisoners Court Services Legal Aid Bail Fundamental Rights
Over 73 pc inmates in AP jails are under trial prisoners: NCRB
2 years, 3 months ago

Over 73 pc inmates in AP jails are under trial prisoners: NCRB

Deccan Chronicle  

Vishakapatnam: Over 73 per cent of inmates in Andhra Pradesh jails were undertrials, of which over 50 per cent were either illiterate or school dropouts. The politicians as well as the legal fraternity underlined that most of the undertrial prisoners are poor or from middle-class families and they have appealed to state governments to release them on bail whenever possible. …

Trial Prison State Cent Undertrials Undertrial Trial Prisoners
Reform bail law, but make the right diagnosis first
2 years, 4 months ago

Reform bail law, but make the right diagnosis first

The Hindu  

Over 75% of India’s prison population are undertrials while overcrowding in Indian prisons stands at 118%. Challenges in bail compliance A large number of undertrials continue to remain in prison despite being granted bail due to challenges in complying with bail conditions. Lack of means to arrange for money/property and local sureties are the most significant reasons accounting for an …

Law India Court Courts Conditions Bail Conditions Based
Explained | What are the latest guidelines on arrests and bail orders?
2 years, 4 months ago

Explained | What are the latest guidelines on arrests and bail orders?

The Hindu  

The story so far: On July 11, a division bench of the Supreme Court of India in Satender Kumar Antil vs CBI laid down fresh guidelines on arrests in order to have strict compliance with the provisions of Section 41 and 41A of the Code of Criminal Procedure, 1973. The Court in the present case has also emphasised upon separate …

Court Bail Compliance Criminal Procedure Courts State Kumar
Despite Supreme Court observations, bail is still not the norm
2 years, 5 months ago

Despite Supreme Court observations, bail is still not the norm

The Hindu  

The Supreme Court judges have raised the alarm about indiscriminate arrests and the near-impossible chances of getting bail for undertrial prisoners in two separate fronts in a matter of a week. On July 8, Alt News co-founder Mohammed Zubair got interim bail from the top court in a case registered against him in Sitapur of Uttar Pradesh for a tweet. …

India Justice Supreme Court Court Uttar Pradesh Bail Zubair
Nearly 80% Prisoners Are Undertrials, Need to Question Procedures, Says CJI Ramana
2 years, 5 months ago

Nearly 80% Prisoners Are Undertrials, Need to Question Procedures, Says CJI Ramana

News 18  

Chief Justice of India N V Ramana on Saturday called for steps to address the "grave" issue of the high number of undertrial prisoners that is affecting the criminal justice system, saying there is a need to question procedures that lead to prolonged incarceration without any trial. Out of 6.10 lakh prisoners in the country, nearly 80 per cent are …

Justice Legal Prisoners Lead Need System Cji
Bring a new Act on bails, Supreme Court tells Centre
2 years, 5 months ago

Bring a new Act on bails, Supreme Court tells Centre

The Hindu  

Asking the Centre to bring a new Act exclusively to simplify and streamline bails, the Supreme Court on Monday observed that investigating agencies are showing a mindset which leans more towards the draconian power of arrest rather than the protection of individual liberty. Simple procedure In a series of directions, the court asked the Centre to consider bringing a separate …

India Court Centre Act Undertrial Prisoners
UAPA Annual Digest 2021 : Important Judgments Of Supreme Court & High Courts
2 years, 11 months ago

UAPA Annual Digest 2021 : Important Judgments Of Supreme Court & High Courts

Live Law  

As we step into 2022, LiveLaw brings to you a yearly Round-up of important cases pertaining to the controversial Unlawful Activities Act, 1967 from the Supreme Court, High Courts and trial courts across the country. Writ Jurisdiction Can Be Exercised To Grant Bail On Health Grounds Even When Bail Has Been Rejected On Merits Under UAPA : Bombay High Court …

India Justice Delhi Mumbai Supreme Court High Court Constitution
Undertrial Prisoners Charged With Riot Cases, UAPA, PMLA, Etc. Not Entitled To Interim Bail Under HPC Guidelines: Chhattisgarh High Court
3 years, 5 months ago

Undertrial Prisoners Charged With Riot Cases, UAPA, PMLA, Etc. Not Entitled To Interim Bail Under HPC Guidelines: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court has observed that the undertrial prisoners who are facing trial for offences investigated by specialized agencies, cases involving riots, anti-national activities, UAPA etc., are not entitled for release under the High Powered Committee Guidelines. Relying on the relevant portions of the guidelines, Justice Narendra Kumar Vyas observed thus: "The under trial prisoners, who are facing trial …

Trial Court Petitioners Interim Bail Entitled Undertrial Prisoners Chhattisgarh High Court
Decongestion Of Prisons- Release All Convicts, Undertrial Prisoners Re-admitted In Prions On Interim Bail: Andhra Pradesh HC
3 years, 6 months ago

Decongestion Of Prisons- Release All Convicts, Undertrial Prisoners Re-admitted In Prions On Interim Bail: Andhra Pradesh HC

Live Law  

In view of the recommendations made by the High Powered Committee dated May 12, the Andhra Pradesh High Court has recently directed that all convicts and Undertrial prisoners to be released on interim bail of 90 days who were readmitted to prisons after their release on interim bails last year, unless disqualified. A division bench comprising of Justice C Praveen …

Prisoners Bail Covid Release Prisons Interim Directed
Delhi Police Approaches Supreme Court Seeking To Relax Directions Prohibiting Handcuffing Of Arrested Persons, Undertrials To Ensure Safe Transit In Pandemic
3 years, 8 months ago

Delhi Police Approaches Supreme Court Seeking To Relax Directions Prohibiting Handcuffing Of Arrested Persons, Undertrials To Ensure Safe Transit In Pandemic

Live Law  

An urgent listing Application has been filed by the Delhi Police in the Supreme Court requesting it to relax the directions issued by the Apex Court prohibiting Handcuffing of arrested persons and other Undertrial Prisoners till the time the pandemic subsides so as to ensure safe transit while they are being escorted.The present application has been filed in the suo …

Court Application Safe Plea Transit Undertrial Undertrial Prisoners
[Covid-19] Delhi High Court Directs 3499 Undertrial Prisoners To Surrender Before Jail Superintendents On Expiry Of Interim Bails
3 years, 9 months ago

[Covid-19] Delhi High Court Directs 3499 Undertrial Prisoners To Surrender Before Jail Superintendents On Expiry Of Interim Bails

Live Law  

The Delhi High Court on Wednesday directed all 3499 undertrial prisoners who were granted interim bails on the recommendations of the High Powered Committee, to surrender before the Jail Superintendents on the expiry of their interim bail commencing from 7th March. The Division bench comprising of Justice Siddharth Mridul and Justice Talwant Singh also directed the Director General of Prisons …

Delhi High Court Bail Delhi High Court High Committee Interim
Delhi High Court Extends Interim Bails Granted To 3499 Undertrial Prisoners For Further 15 Days
3 years, 9 months ago

Delhi High Court Extends Interim Bails Granted To 3499 Undertrial Prisoners For Further 15 Days

Live Law  

The Delhi High Court further extended for 15 days the interim bails granted to 3499 undertrial prisoners expiring with effect from 20th February 2021. A division bench comprising of Justices Siddharth Mridul and Talwant Singh delivered the order after the High Powered Committee vide its meeting dated 17th February 2021 decided not to recommend further extension of interim. A division …

Delhi High Court Order High Interim 2021 15 Days Court Extends