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AWARENESS OF LEGAL EDUCATION AMONG THE PRISONERS

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AWARENESS OF LEGAL EDUCATION AMONG THE PRISONERS  “Hundreds of guilty persons may get scot free but even one innocent should not be punished”. Present article is an attempt to spread legal awareness among the convicts/detainees. These rights and protections aim at providing a fair trial to an accused person so as to eliminate any possible abuse of process resulting in miscarriage of justice and striking balance between individual liberty and social needs. Legal education can play a great role to upgrade their knowledge and enhance their competencies.  Education has been treated as a right of prisoners. Education has a key role in rehabilitating prisoners into society and finding them secure position.

To ensure free and fair trial so that innocent person may not be victimized, an accused person is entitled to certain basic rights and privileges to defend himself and prove his innocence before he is condemned and punished.

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Ø      BASIC TENETS OF CRIMINAL JURISPRUDENCE

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AWARENESS OF LEGAL EDUCATION AMONG THE PRISONERS -The rights of accused are basically parts of human rights. If these rights are not recognized by the law or even if recognized they are not respected and observed, no person would be protected against authoritarian rule of state; and the right to freedom and life given under the constitution would remain merely pious declarations. Three basic Principles of criminal law are:-

1.    Every person shall be presumed to be innocent until he is proved guilty, and

2.    The burden of proving the guilt of accused lies heavily on the prosecution and it must be discharged beyond reasonable doubt; and

3.    The benefit of doubt is accorded to the accused coupled with the privilege of silence.

 
  • CONSTITUTIONAL RIGHTS

 

  1. Protection against ex post fact law article20(1)
  2. Doctrine of “ double jeopardy” article 20(2)
  3. Right against self incrimination or testimonial compulsion article 20(3)
  4. PROTECTION UNDER ARTICLE-22
  5. Right to be informed of grounds of arrest: article 22(1)
  6. Right to be defended by lawyer article 22(1)
  7. Right to be produced before magistrate: article 22(2)
  8. No detention beyond 24 hours except by order of the magistrate (section 57 of Crpc)
  9. Right to free legal aid article 39-A
  10. Right to speedy trial (under article 14 and 21 of the Constitution)
  11. Right of appeal (section 383 Crpc)

 

  • RIGHTS OF PRISONERS UNDER CRPC 1973

    1. Person arrested to be informed of grounds of arrest and of right to bail (section 50)
    2. Person arrested to be taken before Magistrate or officer in charge of police station (section 56)
    3. Person arrested not to be detained more than twenty-four hours (section 57)
    4. Report of police officer on completion of investigation (section 173)
    5. Framing of charge ( section 240)
    6. Evidence for defence ( section 243 & 247)
    7. Right of  person  against   whom proceedings  are  instituted  to be defended ( section 303)
    8. Legal aid to accused at State expense in certain cases (section 304)
    9. Person once convicted or acquitted not to be tried for same offence (section 300)
    10. Suspension of sentence pending the appeal (section 389)
    11. Copy of judgement given to accused at free of cost (363)
  • HUMAN RIGHTS ;-

Atlantic charter (1941) and in the declaration of united nations (1942). When the founders of united nation met at San Francisco conference in 1945 to draft the charter of united nation.

 CIVIL AND POLITICAL RIGHTS

  • Right to life, liberty and security of person (article 3)
  • Prohibition against torture (article 5 )
  • Recognisation as a person before law (article 6)
  • Equality before law (article7)
  • Effective remedy before the national tribunal (article8)
  • Right to fair and public hearing by an independent and impartial tribunal (article10)
  • Presumption of innocence until proved guilty in a public trial with all guarantee necessary for defennce of criminal cases (article11 para 1)
  • Freedom from ex post facto (article11 para2)
  • Right to privacy (article12)
  • Right to nationality (article15)

ECONOMIC AND SOCIAL RIGHTS

  • Right to social security (article22)
  • Right to rest (article 24)
  • Right to standard of living adequate for the health of himself and his family (Article 25)
  • Right to good social and international order (Article28)

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  • CONCLUSION

AWARENESS OF LEGAL EDUCATION AMONG THE PRISONERS -The Role of jail authorities should be that of the doctors treating criminals as patients. The court observation is very pertinent in this context, when it says,

“Progressive Criminologists across the world will agree that the Gandhi andiagnosesof offenders as patient and his conception of prisons as hospitals mental or moral, is the key to the pathology of delinquency and the therapeutic role of ‘punishment’. The whole man is a healthy man and every man is born well. Criminality is a curable deviance. Our prison should be correctional houses, not cruel iron aching the soul.”

Article by – Shivam Shukla

 

 

 


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