In a positive move that could bring a ray of hope to a huge number of prisoners languishing in the Delhi Prisons, the higher jail authorities are in the process of identifying such under trail prisoners who have already served more than 50 percent of the maximum sentence for the charges against them. Currently, more than 10,000 prisoners are under trial prisoners in Delhi Prisons.
While interacting with media persons during the annual press conference of Delhi Prisons, Director General (Delhi Prisons), Vimla Mehra said that they are well in order to identify those prisoners who have been in detention for more than half the prescribed period of imprisonment.
"One the process is done, the final report will be forwarded to the government to take some necessary actions over the same. Ultimately, it falls under the domain of government to do the needful in a bid to release them on personal bail bond as per the sanctioned law," said Mehra.
Under section 436A CrPC -- the most radical amendment in the CrPC Amendment Act 2005 -- an under trial prisoners, other than someone accused of an offence for which the death penalty is prescribed, has to be released if he/she has been in detention for more than half the prescribed period of imprisonment.
The move could bring a ray of hope to a large umber of prisoners as a total of 10,154 inmates out of 13,552 are under trial prisoners at Delhi Prisons with an average of 74.93 percent. Last year, 8,887 were under trial prisoners out of 12,113 of total strength with an average of 73.37 percent.
According to recent studies, more than 65 percent of the inmates in India's jails are under trial prisoners.
According to Khagesh Jah, practicing advocate in Supreme Court and Delhi High Court, who is associated with Justice For All, a group that works for the rights of poor children in the Capital, said that many financially poor under trial prisoners are languishing in jails, as they do not have the money to pay for the bail bond.
“If inmates are not aware of their rights, although as per law (section 436A CrPC), such inmates should be let off on personal bonds if they have served 50 percent of their sentence. However, it has been noticed that prison departments often does nothing to inform them of their rights,” said Jha.
Ironically, many of them have already served terms far exceeding the sentences they would have been given had they been convicted of their crimes, asserted Jha.
The same CrPC section also provides for the release of under trial prisoners who are detained beyond the maximum period of imprisonment provided for the alleged offence. Under trial prisoners who meet these criteria will have to file fresh petitions in court to be granted relief under this section.
While interacting with media persons during the annual press conference of Delhi Prisons, Director General (Delhi Prisons), Vimla Mehra said that they are well in order to identify those prisoners who have been in detention for more than half the prescribed period of imprisonment.
"One the process is done, the final report will be forwarded to the government to take some necessary actions over the same. Ultimately, it falls under the domain of government to do the needful in a bid to release them on personal bail bond as per the sanctioned law," said Mehra.
Under section 436A CrPC -- the most radical amendment in the CrPC Amendment Act 2005 -- an under trial prisoners, other than someone accused of an offence for which the death penalty is prescribed, has to be released if he/she has been in detention for more than half the prescribed period of imprisonment.
The move could bring a ray of hope to a large umber of prisoners as a total of 10,154 inmates out of 13,552 are under trial prisoners at Delhi Prisons with an average of 74.93 percent. Last year, 8,887 were under trial prisoners out of 12,113 of total strength with an average of 73.37 percent.
According to recent studies, more than 65 percent of the inmates in India's jails are under trial prisoners.
According to Khagesh Jah, practicing advocate in Supreme Court and Delhi High Court, who is associated with Justice For All, a group that works for the rights of poor children in the Capital, said that many financially poor under trial prisoners are languishing in jails, as they do not have the money to pay for the bail bond.
“If inmates are not aware of their rights, although as per law (section 436A CrPC), such inmates should be let off on personal bonds if they have served 50 percent of their sentence. However, it has been noticed that prison departments often does nothing to inform them of their rights,” said Jha.
Ironically, many of them have already served terms far exceeding the sentences they would have been given had they been convicted of their crimes, asserted Jha.
The same CrPC section also provides for the release of under trial prisoners who are detained beyond the maximum period of imprisonment provided for the alleged offence. Under trial prisoners who meet these criteria will have to file fresh petitions in court to be granted relief under this section.
No comments:
Post a Comment