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VOL. 8, ISSUE 1 (2022)
The plight of under-trial prisoners in India- A gap between access to justice and criminal justice administration
Authors
Sarbani Sarkar
Abstract
The object and purpose of criminal justice administration system is to create a balance between two interests, the interest of the accused at one hand and the interest of the society at large on the other. The provisions of the Code of Criminal Procedure, 1973 (hereinafter called the Cr.P.C) tries to maintain such balance. But is it being implemented at all in reality? The answer is ‘no’. The pathetic situation of the under-trial prisoners is a clear evidence of this fact. Because if we see the conditions of the under-trial prisoners in Indian jails, we can realize that access to justice, to be more specific, access to court is a dream to many of them. Though Cr.P.C itself, the Constitution of India and many international Declarations and treaties provides for the rights to the under-trial prisoners, but they are, in fact, deprived of those rights. They suffer from prison violence, police brutalities, health, economic and mental problems etc. Apart from these, they are also deprived of some exclusive rights, e.g., right to be produced in courts, right to speedy trial, access to courts, right to bail etc. The reasons are that they are uneducated, unaware of their own rights, extremely poor and cannot afford bail. Therefore, there is a huge gap between the criminal justice system and right to access to justice. This paper enquires into this issue and tries to find out some effective ways on how to decrease this gap.
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Pages:113-117
How to cite this article:
Sarbani Sarkar "The plight of under-trial prisoners in India- A gap between access to justice and criminal justice administration ". International Journal of Law, Vol 8, Issue 1, 2022, Pages 113-117
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