Human rights of an accused

1. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
HUMAN RIGHTS OF an
ACCUSED
- BY
SINDUJA AMUDANATHAN

2. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
ACCUSED Means
• The term " accused " has not been specifically
defined in the code but
• what we generally understand is that the
accused means the person charged with an
infringement of the law for which he is liable
and if convicted then to be punished.
• In other words, a person who is charged with
the commission of offence. In the Bill of Rights
Ordinance, 1991 affirms that every accused has
a right to be presumed innocent until his guilt is
proved. Thus, the accused person has every
right like other citizen of the country except his
curtailment of person liberty in conformity with
laws.

3. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Rights of Person Arrested
Everyone who is arrested for allegedly committing an offence has the
right
• to remain silent;
• to be informed promptly
– of the right to remain silent; and
– of the consequences of not remaining silent;
• not to be compelled to make any confession or admission that
could be used in evidence against that person;
• to be brought before a court as soon as reasonably possible, but
not later than
– 48 hours after the arrest; or
– the end of the first court day after the expiry of the 48
hours, if the 48 hours expire outside ordinary court hours or
on a day which is not an ordinary court day;
• at the first court appearance after being arrested, to be charged
or to be informed of the reason for the detention to continue, or
to be released; and
• to be released from detention if the interests of justice permit,
subject to reasonable conditions.

4. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Rights Of Person Detained
• Everyone who is detained, including every sentenced prisoner,
has the right
• to be informed promptly of the reason for being detained;
• to choose, and to consult with, a legal practitioner, and to be
informed of this right promptly;
• to have a legal practitioner assigned to the detained person by
the state and at state expense, if substantial injustice would
otherwise result, and to be informed of this right promptly;
• to challenge the lawfulness of the detention in person before a
court and, if the detention is unlawful, to be released;
• to conditions of detention that are consistent with human
dignity, including at least exercise and the provision, at state
expense, of adequate accommodation, nutrition, reading
material and medical treatment; and
• to communicate with, and be visited by, that person's
– spouse or partner;
– next of kin;
– chosen religious counsellor; and
– chosen medical practitioner.

5. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Fair Trial
Every accused person has a right to a fair trial, which includes the
right
• to be informed of the charge with sufficient detail to answer it;
• to have adequate time and facilities to prepare a defence;
• to a public trial before an ordinary court;
• to have their trial begin and conclude without unreasonable
delay;
• to be present when being tried;
• to choose, and be represented by, a legal practitioner, and to be
informed of this right promptly;
• not to be tried for an offence in respect of an act or omission for
which that person has previously been either acquitted or
convicted;
• to the benefit of the least severe of the prescribed punishments
if the prescribed punishment for the offence has been changed
between the time that the offence was committed and the time
of sentencing; and
• of appeal to, or review by, a higher court.

6. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Habeas Corpus
A writ of habeas corpus writ of habeas corpus is is
a court order directing a court order directing
officials holding a prisoner to officials holding a prisoner to
show cause why he or she show cause why he or she
should not be released should not be released
This right can be suspended This right can be suspended
ONLY under circumstances of ONLY under circumstances of
rebellion or invasion rebellion or invasion
……
But what about under But what about under
suspicion of acts of suspicion of acts of
terrorism?

7. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
ARTICLE 22 of the
CONSTITUTION
As per Art. 22 of C.O.I., a person who
is arrested for whatever reason,
gets
three independent rights.
1. The first is the right to be told or
informed thereasons for the arrest
as soon as an arrest is made,
2. The second is the right to be
produced before a Magistrate within
24 hours and
3. The third is the right to be defended
by an advocate of his choice

8. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Other Rights Of An Accused
An Accused/ Convict
• Should be treated with dignity.
• Should not be subjected to any physical /mental
torture or any kind of inhuman or degrading
punishment.
• Cannot be isolated in a separate cell, except on
medical grounds or if he/she has proven to be
dangerous to other prisoners.
• Must be presented with means to express
his/her grievances faced within the jail.
• Has right to meet his lawyer and family
members at least twice a week.

9. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Cont…
•Has right to send letters to his relatives
and to other prisoners irrespective of their
relationship.
•Has right to write books and get them
published, if he/she so desires.
•Can give press interview, subject to
reasonable restrictions.
•Cannot be held in slavery and or servitude.
•Cannot be subjected to any labour which is
exploitative in nature.
•Should be equitable remunerated for his
labour and should not be paid below the
prescribed wages.

10. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Right to Protection
• In State of Bombay v. Kathi Kalu, AIR
1961 SC 1808:
• it was held that the protection is
available to a person accused of an
offence not just with respect to the
evidence he has to give in a court room
or trial but is also available to him at the
previous stage if an accusation has been
made against him which might in the
normal course result in his prosecution.

11. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Right to legal representation
Minister of Home Affairs v Dabengwa 1982
(1) ZLR 236 S Crt
• Fieldsend CJ:
• An appeal against an order of the High Court
directing that two detained persons be
permitted to obtain and instruct legal
representatives. Local authority had issued
regulations prohibiting the detainees from
communicating with or receiving
communication from their lawyers. Such
prohibition at variance with para 2 of
schedule 2 of the constitution and therefore
ultra vires.

12. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Article 21
Judicial Activism – M.H.Haskoot v/s. State Of
Maharashtra
• Wherein Indian Supreme Court held that, when
ever an under trial an accused as a prisoner are
unable to defend themselves, then it is the
obligation of the state to provide free legal
assistant to such prisoner. Why because even
though, they have been deprived from their
liberty by the state the free and fair is a part and
parcel of - Article 21. Therefore free legal
assistant go hand in hand or along with free trial.
Otherwise it would be anti-national. How can we
discriminate due to they don't have anybody to
appear on behalf of them. That is the role of
government advocates.

13. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Right to a fair trial / hearing
• S v Beahan 1989 (2) ZLR 20 (SC)
• Gubbay JA:
• The right to a fair trial is guaranteed by s18 of the
Constitution. Extent to which the prosecution is obliged to
call witnesses who may assist the defence. Held that while
the prosecution of an accused person must be conducted
with due regard to traditional considerations of candour,
fairness, and justice, the prosecution was not obliged to
call witnesses regarded as material to the case of the
defence, solely in order to afford the defence the
advantage of cross-examination.
• If an accused person claims his fundamental right to a
fair hearing has been violated, in that he has not been
afforded facilities to obtain the attendance of witnesses to
testify on his behalf, he must make some plausible
showing of how their testimony would have been both
material and favourable to his defence.

14. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
FREEDOM OF SPEECH
AND EXPRESSION
• State of Maharashtra v/s. Prabhakar
Pondurng – As being a prisoner all rights
of freedom of speech and expression was
deprived. The petitioner prisoner wanted
to publish his own biography. Matter
came before the court. Court held that,
though he is a prisoner still he seems to
be a human being. Under Article19(1) –
freedom of speech includes freedom of
speech and expression also, article 21 is
still available too. Therefore it's available
to a prisoner

15. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Cont…
• O. Raj Gopal v/s. State of Tamil
Nadu (Auto shankar case)
• There was a serial killer with the stone
in the prison and he wanted to write
certain articles to papers as a series
about relationship/support/expose
criminals and police. Held that though
is a prisoner freedom of speech and
expression is available to him as
following above decision too.

16. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
RIGHT TO COMPENSATION
• Khatri v/s. State of Bihar (Bhagalapura
binding case)
For the 1st time compensation jurisprudence
evolved.
• Radal Shah v/s. State of Bihar – awarded Rs.
35,000/= as compensation.
For this purpose the judiciary adopted certain
measures to provide respect to prisoner's
rights. Thus the state is under an obligation to
compensate to the victim for the violation of
their rights. Therefore it protects HR.

17. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Right to Interim Bail
In July 2010, the SC held that a
person is entitled to interim bail
pending disposal of the main
application, as this is a
constitutional right in consonance
with A.21 of the Constitution of
India. The ruling was delivered to
protect the reputation of persons,
who are lodged in prison.

18. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
RIGHT TO HEALTH
• Mostly prisoners do not enjoy a right to free
and qualified, frequent medical attention.
They don't have choice to have physician of
their own unless when his condition is critical
then the doctor may come. They have no
opinion on treatment.
• Thus they have become ‘double handicapp'. It
violates right to health of a prisoner. Right to
life does not include right to die without right
to health. By not providing right to health, the
state shall be promoting right to die.
• Veena Sethi v/s. State of bihar - Supreme
Court held the importance of medical care to
prisoners.

19. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Conclusion
“It is better to allow It is better
to allow 10 guilty men to go
10 guilty men to go free than
to punish free than to punish a
single innocent a single
innocent man”