2.5 Lakh Indian Undertrials may get Justice Soon.....

2.5 Lakh Indian  Undertrials  may get Justice Soon.....

 

A Hopeful  news  is  published today in “Times Of India” (  1 st September-2014)

“ Undertrials   who  have   served   half   of  maximum   terms  to be freed”

Indian jails are overcrowded with undertrials –More than 2.5 Lakh.

The convicts  are only 1.27 Lakh....!

When India gets freedom , 70%  of the total Jail population was  convicts;

30 % was undertrials.

Now  70 % of the jail population is undertrials;

30% is convicts.

Why this reversal   happened?

Because of the over power of police  and the long delay of the trial procedure.

Police can arrest any body  without any clear evidence.

Arrest first . Collect the evidence  second-That is the common practice.

In several cases, the  accused  who are unable to give bribe  may get arrested  and land in jail.

Police is not answerable to anybody that why the arrest  of the accused.

Three years  ago,  Criminal Procedure Code was amended  regarding the  Procedure of the arrest .

The law says that there is no need of arrest  , if the maximum  punishment is  upto  7 years 

Lot of resistance  was happened  against the amendment  from the  Bar Association  .

Because  ,bail income  is one  the main source of income of lawyers – A News  report said.

At last that the  law is implemented  without any  publicity.

However, It  does  not make  any  difference .

Still  ,the Police has  more provision to arrest anybody .

The new amendment has lot of loopholes.

Every accused  should be treated as innocent till  he is  proved  guilty .That is the legal  concept.

It is not consider  anywhere .  Most  of  accused  is  gone to jail.   After  a long time , they  may or may not get bail .

If the accused is poor , he has to stay in the  jail.  The poor people are mostly unable to provide the bail  bond.   

The accused   continue to stay in jail  .  The jail  period may go beyond the  punishment  period .

In some cases , the  innocent accused   accept the crime  because  they may get punishment soon .

He can easily free from jail .If he deny the allegation, he has to go through  the trail. It may take 5 to 8 years.  Till that time ,he has to stay in jail.

So , accept the crime is wise than the deny...!

However, it is against the basic  principles of the criminal  justice  system.

It fails to deliver the real purpose of the  justice.

As per the news report, most corrupted service system in India is Police  service .

70 % corrupted – Times of India reported  one year back.

How can expect   fair and   sincere  service  from a corrupted system?

What is the real solution ?

Police can take custody of the accused . Whether  to arrest  or not -that should be decided by the concerned trial  judge.

Then the false arrest may be reduced .

The police should be accountable for the unwanted arrest  and unlawful accusations.

Why the tax money of the common  man   is  to be wasted ?

That  tax money should be used for the Social purpose.