Madhu Limaye's Theory Of The Criminal Justice Administration System

Understanding the rationale behind law relating to bails requires the study of various stages of its development. In a primitive society bail has become the rule. The law of bails has become an important branch of the criminal justice administration system. The concept of bail emerges from the conflict between the police power to restrict the liberty of a man who is alleged to have committed a crime and the presumption of innocence in his favour. The police has been conferred with powers of arrest and custody of accused by the state for the protection of its citizens from the criminals. It would be grossly unjust to keep an accused person under arrest with the aim of punishing him on the presumption that he is guilty, if he were eventually
Clause 1 of art 22 provides the earliest opportunity to the arrested person to remove any mistake, misapprehension or misunderstanding in the minds of the arresting authority and also to be informed of the charges against him so that he can exercise the right of appointing a legal practitioner of his choice to defend him. Clause 2 of art 22 provides the next safeguard that the arrested person must be produced before a magistrate within 24 hours of such arrest. In Madhu Limaye's case, the Supreme Court released him for non-compliance of art 22 of the
Needless to say that like mental institutions, it is an isolated social system . It is a structure of a ruling group (the prison staff and line organizations) and a subordinate group (prisoners). The authority of the ruling group is almost total. In a functional perspective, the total process of apprehension and adjudication of the criminal can be seen as a well regulated process of status attribution. An individual is singled out and forcefully given the minority status by the representatives of the society. The prison not only segregates the inmates physically but also systematically reinforces the ascribed low status of 'criminal' to them, even if one be a mere undertrial. Thus, for the protection of the society and its interests, the prison downgrades the prisoner instead of protecting his social status. He automatically loses his job, he cannot contribute effectively for the preparation of his defence and the burden of his detention falls heavily on the innocent members of his family. If upon the conclusion of his trial he is found not guilty, who will recompense him for the loss of status, the stigma of jail and the adversity that befell his family