Fleeing Justice | The Under-trial Conundrum

The predicament of under trials in India is an anathema to the criminal justice and prison systems of India. The Indian jail signifies to be living hell for a huge majority belonging to marginalised and deprived despite plethora of manuals, stipulations, reports, guidelines and on the top of all landmark judgments of the apex court. An under trial is a person who is accused of a crime and is awaiting trial, often incarcerated for extended periods without a conviction. The miscarriage of justice dispensation system and lopsided legal and administrative practices result into prolonged incarceration of under trials who constitute almost % of the overall strength of inmates. Despite legal and constitutional safeguards specifically in context of under trials, the implementation of the provisions is a serious handicap which leaves the population of under trials grappling in darkness for unspecified number of years. Article 14, 19 and 21, Cr PC Sections 436 & 436A etc are formidable constitutional and legal covers available yet the lack of mandated application of such provisions cause in explicable conundrum to the cause of under trials. The Book is representation of a detailed researched work pertaining to under trials in three jails of the NCR.