Essay on Human Rights
India
INDIAN CRIMINAL DEFENSE MANUAL
The Role And Responsibility of a Legal Aid Lawyer
Rights of the Accused and Exceptional Circumstances
Client Interview
Other Pretrial Matters
Theory of the Case
Various Defense Strategies
Questioning the Witness
Plea Bargaining/Guilty Plea
Evidence
Arguments
CODES
The Code of Criminal Procedure
The Constitution of India
The Indian Evidence Act, 1872
The Indian Penal Code, 1860
LEGAL RESOURCES
Lawyer-Client Relationship
India Country Summary Card
Rights of the Accused Around the World
Important Case Law regarding Defendants ' Rights in India
LEGAL TRAINING RESOURCE CENTER eLearning Courses for Indian lawyers
Background
India has one of the world 's largest populations of pre-trial detainees with 249,796 people in overcrowded and unsanitary prisons. While in police custody, these Indian citizens are often subjected to beatings, sleep deprivation, and shock treatments - all in violation of their fundamental constitutional rights. Subjected to inhuman and degrading treatment, they are an example of human rights abuses on a colossal scale. Four people die in police or judicial custody every day from these abuses.
Many of these deaths could be avoided if cases were swiftly resolved. However, each year more cases are filed in Indian courts than can ever be disposed of, creating a huge bottleneck in the criminal justice system. There are currently 26,752,193 pending cases in Indian courts and in some jurisdictions case loads are so high that it would take a thousand years to clear court dockets. Because of this backlog, detainees who cannot make bail are sometimes kept in pretrial detention longer than the maximum sentence they would have received if convicted. In one case, a man was held in pretrial detention for 54 years even though the maximum sentence for his crime was only 10 years. During these periods of pre-trial detention, arrestees are at the greatest risk of human rights abuses as victims have
INDIAN CRIMINAL DEFENSE MANUAL
The Role And Responsibility of a Legal Aid Lawyer
Rights of the Accused and Exceptional Circumstances
Client Interview
Other Pretrial Matters
Theory of the Case
Various Defense Strategies
Questioning the Witness
Plea Bargaining/Guilty Plea
Evidence
Arguments
CODES
The Code of Criminal Procedure
The Constitution of India
The Indian Evidence Act, 1872
The Indian Penal Code, 1860
LEGAL RESOURCES
Lawyer-Client Relationship
India Country Summary Card
Rights of the Accused Around the World
Important Case Law regarding Defendants ' Rights in India
LEGAL TRAINING RESOURCE CENTER eLearning Courses for Indian lawyers
Background
India has one of the world 's largest populations of pre-trial detainees with 249,796 people in overcrowded and unsanitary prisons. While in police custody, these Indian citizens are often subjected to beatings, sleep deprivation, and shock treatments - all in violation of their fundamental constitutional rights. Subjected to inhuman and degrading treatment, they are an example of human rights abuses on a colossal scale. Four people die in police or judicial custody every day from these abuses.
Many of these deaths could be avoided if cases were swiftly resolved. However, each year more cases are filed in Indian courts than can ever be disposed of, creating a huge bottleneck in the criminal justice system. There are currently 26,752,193 pending cases in Indian courts and in some jurisdictions case loads are so high that it would take a thousand years to clear court dockets. Because of this backlog, detainees who cannot make bail are sometimes kept in pretrial detention longer than the maximum sentence they would have received if convicted. In one case, a man was held in pretrial detention for 54 years even though the maximum sentence for his crime was only 10 years. During these periods of pre-trial detention, arrestees are at the greatest risk of human rights abuses as victims have
References: ↑ Hussainara Khatoon & Ors. V. Home Secretary, Bihar, Patna, (1980) I SCC 98 ↑ Criminal Procedure Code, Sect ↑ State of M.P. v. Shobharam, AIR 1966 SC 1910: (1966) Cri LJ 1521 ↑ Criminal Procedure Code Sec ↑ For a full list of appealable issues see Criminal Procedure Code, 1973, Sections 460-466.