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P Ramchandra Rao vs State of Karnataka

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P RAMCHANDRA RAO VS STATE OF KARNATAKA

SUBMITTED BY

K.SAI SHARAVAN KUMAR
B.L HONS FIRST YEAR LEGAL METHODS
INTRODUCTION

There are altogether too many prisoners waiting trial in Indian prisons. As per the latest comprehensive statistics2 available on prisons in India, there are 1,93,627 undertrial prisoners as against 63,975 convicts constituting 71.2% of the total prison population in India. The range varies from a low of 12.1% in Tamil Nadu to a maximum of 98.7% in Dadra and Nagar Haveli.

The Constitution of India, the Universal Declaration of Human Rights and the Standard Minimum Rules for Treatment of Prisoners clearly specify the standards of treatment with prisoners on trial. But realities in jails transmit an entirely different tune. Let us briefly examine the realities inside any prison.

SPECIFIC PROBLEMS FACED BY UNDERTRIAL PRISONERS AND THEIR REASONS –

Their Right to Speedy Trial as recognised by the Supreme Court in Hussainara Khatoon
[I] vs. Home Secretary, Bihar7 is violated due to protracted delays. This delay is due to all kinds of reasons such as –

* Systemic delays.

* Grossly inadequate number of judges8 and prosecutors.

* Absence or belated service of summons on witnesses.

* Presiding judges proceeding on leave.

* Remands being extended mechanically due to lack of time and patience with the presiding judge.

* Inadequacy of police personnel and vehicles which prevents the production of all prisoners on their due dates.

* Many a times, the escorting police personnel merely produces the remand papers in the courts instead of actually producing the prisoner in front of the magistrate.

This practice is widely reported, notwithstanding the strict requirement of the law in Section 167[2][b] of the Criminal Procedure Code, 1973 [CrPC] which says that – ‘No Magistrate shall

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