ISHAN ATREY

LECTURER, INDIAN INSTITUTE OF MANAGEMENT, ROHTAK

Abstract

This research explores the rights afforded to accused individuals during Judicial and Police custody in different legal systems. It investigates the importance of upholding the fundamental rights of accused persons while in custody, considering national and international perspectives. Statistical data pertaining to arrests, detentions, and allegations of Human rights violations during custody will be analysed to provide a comprehensive understanding of the challenges and potential remedies. The research aims to shed light on the significance of protecting the rights of the accused, ensuring fair trials, and upholding the principles of justice and due process. Moreover, one of the fundamental entitlements granted to incarcerated individuals is the right to be treated in a manner that upholds their dignity and garners respect. This encompassing right encompasses protection from all forms of physical or psychological maltreatment or coercion, alongside the right to adequate medical care and attention. The state is responsible for ensuring that detainees are accommodated within hygienic and secure facilities and attending to their necessities such as sustenance, water, and clothing. Moreover, detainees can obtain legal counsel and receive a just trial. It is incumbent upon the state to guarantee that prisoners have access to legal assistance if they lack the means to afford a lawyer, as well as the ability to participate in their legal proceedings actively. Moreover, various suggestions have been provided to ensure the proper implementation of Indian Laws in safeguarding the rights of Arrested persons.

Key Words–Police Custody, Custodial Torture, Legal Aid, Fair Trial, Prisoner’s Rights