India - Revision history

IBJadmin at 13:00, 4 March 2025

2025-03-04T13:00:35Z

← Older revision		Revision as of 15:00, 4 March 2025
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	The Republic of India is the largest democracy in the world and the second most populous nation in Southeast Asia. Beginning in the early 18th century, India was gradually annexed by the British East India Company. By the mid-19th century, India had fallen under the direct administration of the United Kingdom. India became an independent nation in 1947, following the protracted efforts of an India independence movement which took on a variety of forms and philosophies, the most widely recognized being the non-violent resistance led by Mahatma ~~Ghandi~~.		The Republic of India is the largest democracy in the world and the second most populous nation in Southeast Asia. Beginning in the early 18th century, India was gradually annexed by the British East India Company. By the mid-19th century, India had fallen under the direct administration of the United Kingdom. India became an independent nation in 1947, following the protracted efforts of an India independence movement which took on a variety of forms and philosophies, the most widely recognized being the non-violent resistance led by Mahatma Gandhi.

IBJadmin at 15:18, 4 June 2019

2019-06-04T15:18:42Z

← Older revision		Revision as of 17:18, 4 June 2019
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	\|}		\|}
	<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">Background</h2>		<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">Background</h2>
	India has one of the world's largest populations of pre-trial detainees with 249,796 people in overcrowded and unsanitary prisons. While in police custody, these Indian citizens are often subjected to beatings, sleep deprivation, and shock treatments - all in violation of their fundamental constitutional rights. Subjected to inhuman and degrading treatment, they are an example of human rights abuses on a colossal scale. Four people die in police or judicial custody every day from these abuses.

	Many of these deaths could be avoided if cases were swiftly resolved. However, each year more cases are filed in Indian courts than can ever be disposed of, creating a huge bottleneck in the criminal justice system. There are currently 26,752,193 pending cases in Indian courts and in some jurisdictions case loads are so high that it would take a thousand years to clear court dockets. Because of this backlog, detainees who cannot make bail are sometimes kept in pretrial detention longer than the maximum sentence they would have received if convicted. In one case, a man was held in pretrial detention for 54 years even though the maximum sentence for his crime was only 10 years. During these periods of pre-trial detention, arrestees are at the greatest risk of human rights abuses as victims have reported that the longer the period of detention, the more intense the violence against them becomes.

	~~These abuses are made worse and worse by~~ the ~~continuing deterioration of~~ the ~~Indian Police, one of~~ the most ~~ill-equipped police departments~~ in the ~~world. For every 1~~,~~037 Indian residents there is only one police officer~~. ~~(Asian average: 558~~, ~~global average: 333)~~. ~~Understaffed, under-skilled and under-resourced~~, the ~~police in many Indian states work long hours under filthy labor conditions. Junior officers face intense pressure from supervisors to solve cases quickly~~ and ~~efficiently. As a result, bribery~~, ~~brutal torture, murders, illegal arrests and other human rights abuses have become~~ the ~~norm, rather than~~ the ~~exception~~.		The Republic of India is the largest democracy in the world and the second most populous nation in Southeast Asia. Beginning in the early 18th century, India was gradually annexed by the British East India Company. By the mid-19th century, India had fallen under the direct administration of the United Kingdom. India became an independent nation in 1947, following the protracted efforts of an India independence movement which took on a variety of forms and philosophies, the most widely recognized being the non-violent resistance led by Mahatma Ghandi.

	Recently, India has demonstrated an increased commitment to rule of law and citizens’ legal rights. Because of police abuses during interrogation, Article 22 of the Indian Constitution was added to prevent police from detaining citizens for longer than 24 hours without a special order from a magistrate. Though domestic law grants this fundamental legal right, there remains a tremendous gulf between the actual law and its implementation. Police officers regularly detain suspects for several days, post-dating arrest documents 24-hours before producing the defendant before the magistrate. Similarly, pretrial detainees are routinely denied due process rights taken for granted in the western world: notice of charges and an opportunity to contact family or lawyers. In many cases these prisoners – poor and marginally literate – are completely unaware they have any legal rights at all, further emboldening police officers.

	~~NGOs~~ have been ~~successful in lobbying Indian authorities to criminalize torture~~, ~~organizing public awareness campaigns on~~ the ~~issue~~ of ~~torture~~ and ~~aiding~~ the ~~rehabilitation~~ of ~~torture victims. However~~, ~~systematic police denial~~, ~~obstruction~~, an ~~absence~~ of ~~records~~ and a ~~lack~~ of ~~accountability continues~~ to ~~plague~~ the ~~system~~.		India is comprised of 28 states and 7 union territories. While the states of India have their own elected governments, the union territories are directly ruled by the federal government, with the President of India appointing an Administrator or Lieutenant-Governor to act as the top official in each union territory. Delhi and Pondicherry are the only union territories which have been granted partial statehood, and each possesses an elected legislative assembly and an executive council of ministers. The powers of these bodies are limited, as certain types of legislation are reserved for the “consideration and assent” of the President of India.


			India has a federal government divided into three branches; the executive, legislative and judicial. The Constitution of India serves as the supreme legal document. The principal authorities in the executive branch are the President, who serves as head of state and is indirectly elected by a national electoral college for a five-year term, and the Prime Minister of India, who is appointed by the President and exercises most of the executive power. The legislature is a bicameral parliament modeled after the parliamentary system of the United Kingdom, with powers divided between an indirectly elected upper house, the Rajya Sabha (“Council of States”) and a directly elected lower house, the Lok Sabha (“House of the People”). The judiciary is an independent, three-tiered body, with the power to declare the law and strike down union or state laws which contravene the constitution. The Supreme Court of India is the highest judicial authority and the ultimate interpreter of the constitution.

	Despite the fact that India has a limited legal aid system, the vast majority of pre-trial detainees never receive any legal representation, making this right illusory at best. India's current legal aid system operates primarily in urban areas, and due to caste segregation many Indians do not receive access to legal aid at all. Each of India's 28 states operates its own Legal Services Authority, resulting in an uncoordinated approach to India's legal aid problems.

	<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">Type of System</h2>		<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">Type of System</h2>

IBJadmin at 19:08, 5 October 2017

2017-10-05T19:08:47Z

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	* [http://elearning.ibj.org eLearning Courses for Indian lawyers]		* [http://elearning.ibj.org eLearning Courses for Indian lawyers]
	\|}		\|}
	==Background==		<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">Background</h2>
	India has one of the world's largest populations of pre-trial detainees with 249,796 people in overcrowded and unsanitary prisons. While in police custody, these Indian citizens are often subjected to beatings, sleep deprivation, and shock treatments - all in violation of their fundamental constitutional rights. Subjected to inhuman and degrading treatment, they are an example of human rights abuses on a colossal scale. Four people die in police or judicial custody every day from these abuses.		India has one of the world's largest populations of pre-trial detainees with 249,796 people in overcrowded and unsanitary prisons. While in police custody, these Indian citizens are often subjected to beatings, sleep deprivation, and shock treatments - all in violation of their fundamental constitutional rights. Subjected to inhuman and degrading treatment, they are an example of human rights abuses on a colossal scale. Four people die in police or judicial custody every day from these abuses.

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	Despite the fact that India has a limited legal aid system, the vast majority of pre-trial detainees never receive any legal representation, making this right illusory at best. India's current legal aid system operates primarily in urban areas, and due to caste segregation many Indians do not receive access to legal aid at all. Each of India's 28 states operates its own Legal Services Authority, resulting in an uncoordinated approach to India's legal aid problems.		Despite the fact that India has a limited legal aid system, the vast majority of pre-trial detainees never receive any legal representation, making this right illusory at best. India's current legal aid system operates primarily in urban areas, and due to caste segregation many Indians do not receive access to legal aid at all. Each of India's 28 states operates its own Legal Services Authority, resulting in an uncoordinated approach to India's legal aid problems.

	==Type of System==		<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">Type of System</h2>

	A former British colony, India has a criminal justice system heavily influenced by the English common law system. There are, however, significant differences. For instance, India banned the use of jury trials in 1960.		A former British colony, India has a criminal justice system heavily influenced by the English common law system. There are, however, significant differences. For instance, India banned the use of jury trials in 1960.

	==Sources of Defendants' Rights==		<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">Sources of Defendants' Rights</h2>

	Defendants' rights are protected by the Constitution of India, the Criminal Procedure Code of 1973 and the Indian Evidence Act of 1872 which governs a suspects rights prior to trial. In addition, defendants' rights are established by case law by regional and national courts. By law, Indian defendants retain a significant number of rights including the right to counsel<ref>Constitution of India, Art. 22(1)</ref>, the right to silence <ref>Constitution of India, Art. 20(3)</ref>, the right to a fair trial<ref>Constitution of India, Art. 14</ref>, the right to confront witnesses<ref>India Evidence Act, Section 138</ref> and the right to a speedy trial<ref> Hussainara Khatoon & Ors. V. Home Secretary, Bihar, Patna, (1980) I SCC 98</ref>		Defendants' rights are protected by the Constitution of India, the Criminal Procedure Code of 1973 and the Indian Evidence Act of 1872 which governs a suspects rights prior to trial. In addition, defendants' rights are established by case law by regional and national courts. By law, Indian defendants retain a significant number of rights including the right to counsel<ref>Constitution of India, Art. 22(1)</ref>, the right to silence <ref>Constitution of India, Art. 20(3)</ref>, the right to a fair trial<ref>Constitution of India, Art. 14</ref>, the right to confront witnesses<ref>India Evidence Act, Section 138</ref> and the right to a speedy trial<ref> Hussainara Khatoon & Ors. V. Home Secretary, Bihar, Patna, (1980) I SCC 98</ref>

	==Defendants' Rights==		<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">Defendants' Rights</h2>


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	*There are 26,752,193 pending cases in Indian courts. In some jurisdictions case loads are so high that it would take a thousand years to clear court dockets.		*There are 26,752,193 pending cases in Indian courts. In some jurisdictions case loads are so high that it would take a thousand years to clear court dockets.

	==References==		<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">References</h2>
	<references/>		<references/>

	~~{{Languages\|India}}~~
	__NOTOC__		__NOTOC__

IBJadmin at 08:40, 5 October 2017

2017-10-05T08:40:46Z

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	Confessions to police are inadmissible as evidence. Confessions may be admissible if made to a Magistrate and only if the Magistrate examines the circumstances of the confession for possible police coercion or intimidation<ref>Criminal Procedure Code, Sect. 164.</ref>		Confessions to police are inadmissible as evidence. Confessions may be admissible if made to a Magistrate and only if the Magistrate examines the circumstances of the confession for possible police coercion or intimidation<ref>Criminal Procedure Code, Sect. 164.</ref>

	====Post-Conviction~~====~~		<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">Post-Conviction</h2>
	The Constitution of India prohibits an individual from being prosecuted and punished form the same offence more than once.<ref> Constitution of India, Art. 20(2).</ref> The Criminal Procedure Code states that every individual convicted in High Court may appeal to the Supreme Court. Any person convicted on a trial held by a Sessions Judge or Additional Sessions Judge or a trial in any other court in which the sentence of imprisonment is more than seven years may appeal to the High Court. The defendant must show that a miscarriage of justice jeapardized the fundamental fairness of the trial in order to secure reversal.<ref> For a full list of appealable issues see Criminal Procedure Code, 1973, Sections 460-466.</ref>		The Constitution of India prohibits an individual from being prosecuted and punished form the same offence more than once.<ref> Constitution of India, Art. 20(2).</ref> The Criminal Procedure Code states that every individual convicted in High Court may appeal to the Supreme Court. Any person convicted on a trial held by a Sessions Judge or Additional Sessions Judge or a trial in any other court in which the sentence of imprisonment is more than seven years may appeal to the High Court. The defendant must show that a miscarriage of justice jeapardized the fundamental fairness of the trial in order to secure reversal.<ref> For a full list of appealable issues see Criminal Procedure Code, 1973, Sections 460-466.</ref>

IBJadmin at 07:51, 4 April 2013

2013-04-04T07:51:50Z

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			{{Languages\|India}}


	{\| style="float: right; padding:10px; margin:5px 0px 20px 20px; width: 280px; border: 1px solid darkblue"		{\| style="float: right; padding:10px; margin:5px 0px 20px 20px; width: 280px; border: 1px solid darkblue"
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Ibjadmin at 11:41, 31 May 2011

2011-05-31T11:41:50Z

← Older revision		Revision as of 13:41, 31 May 2011
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	India has one of the world's largest populations of pre-trial detainees with 249,796 people in overcrowded and unsanitary prisons. While in police custody, these Indian citizens are often subjected to beatings, sleep deprivation, and shock treatments - all in violation of their fundamental constitutional rights. Subjected to inhuman and degrading treatment, they are an example of human rights abuses on a colossal scale. Four people die in police or judicial custody every day from these abuses.		India has one of the world's largest populations of pre-trial detainees with 249,796 people in overcrowded and unsanitary prisons. While in police custody, these Indian citizens are often subjected to beatings, sleep deprivation, and shock treatments - all in violation of their fundamental constitutional rights. Subjected to inhuman and degrading treatment, they are an example of human rights abuses on a colossal scale. Four people die in police or judicial custody every day from these abuses.

	Many of these ~~[[Evidence \|~~deaths could be avoided]] if cases were swiftly resolved. However, each year more cases are filed in Indian courts than can ever be disposed of, creating a huge bottleneck in the criminal justice system. There are currently 26,752,193 pending cases in Indian courts and in some jurisdictions case loads are so high that it would take a thousand years to clear court dockets. Because of this backlog, detainees who cannot make bail are sometimes kept in pretrial detention longer than the maximum sentence they would have received if convicted. In one case, a man was held in pretrial detention for 54 years even though the maximum sentence for his crime was only 10 years. During these periods of pre-trial detention, arrestees are at the greatest risk of human rights abuses as victims have reported that the longer the period of detention, the more intense the violence against them becomes.		Many of these deaths could be avoided if cases were swiftly resolved. However, each year more cases are filed in Indian courts than can ever be disposed of, creating a huge bottleneck in the criminal justice system. There are currently 26,752,193 pending cases in Indian courts and in some jurisdictions case loads are so high that it would take a thousand years to clear court dockets. Because of this backlog, detainees who cannot make bail are sometimes kept in pretrial detention longer than the maximum sentence they would have received if convicted. In one case, a man was held in pretrial detention for 54 years even though the maximum sentence for his crime was only 10 years. During these periods of pre-trial detention, arrestees are at the greatest risk of human rights abuses as victims have reported that the longer the period of detention, the more intense the violence against them becomes.

	These abuses are made worse and worse by the continuing deterioration of the Indian Police, one of the most ill-equipped police departments in the world. For every 1,037 Indian residents there is only one police officer. (Asian average: 558, global average: 333). Understaffed, under-skilled and under-resourced, the police in many Indian states work long hours under filthy labor conditions. Junior officers face intense pressure from supervisors to solve cases quickly and efficiently. As a result, bribery, brutal torture, murders, illegal arrests and other human rights abuses have become the norm, rather than the exception.		These abuses are made worse and worse by the continuing deterioration of the Indian Police, one of the most ill-equipped police departments in the world. For every 1,037 Indian residents there is only one police officer. (Asian average: 558, global average: 333). Understaffed, under-skilled and under-resourced, the police in many Indian states work long hours under filthy labor conditions. Junior officers face intense pressure from supervisors to solve cases quickly and efficiently. As a result, bribery, brutal torture, murders, illegal arrests and other human rights abuses have become the norm, rather than the exception.

Ibjadmin at 11:40, 31 May 2011

2011-05-31T11:40:46Z

← Older revision		Revision as of 13:40, 31 May 2011
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	India has one of the world's largest populations of pre-trial detainees with 249,796 people in overcrowded and unsanitary prisons. While in police custody, these Indian citizens are often subjected to beatings, sleep deprivation, and shock treatments - all in violation of their fundamental constitutional rights. Subjected to inhuman and degrading treatment, they are an example of human rights abuses on a colossal scale. Four people die in police or judicial custody every day from these abuses.		India has one of the world's largest populations of pre-trial detainees with 249,796 people in overcrowded and unsanitary prisons. While in police custody, these Indian citizens are often subjected to beatings, sleep deprivation, and shock treatments - all in violation of their fundamental constitutional rights. Subjected to inhuman and degrading treatment, they are an example of human rights abuses on a colossal scale. Four people die in police or judicial custody every day from these abuses.

	Many of these [[deaths could be avoided ~~\|Evidence~~]] if cases were swiftly resolved. However, each year more cases are filed in Indian courts than can ever be disposed of, creating a huge bottleneck in the criminal justice system. There are currently 26,752,193 pending cases in Indian courts and in some jurisdictions case loads are so high that it would take a thousand years to clear court dockets. Because of this backlog, detainees who cannot make bail are sometimes kept in pretrial detention longer than the maximum sentence they would have received if convicted. In one case, a man was held in pretrial detention for 54 years even though the maximum sentence for his crime was only 10 years. During these periods of pre-trial detention, arrestees are at the greatest risk of human rights abuses as victims have reported that the longer the period of detention, the more intense the violence against them becomes.		Many of these [[Evidence \|deaths could be avoided]] if cases were swiftly resolved. However, each year more cases are filed in Indian courts than can ever be disposed of, creating a huge bottleneck in the criminal justice system. There are currently 26,752,193 pending cases in Indian courts and in some jurisdictions case loads are so high that it would take a thousand years to clear court dockets. Because of this backlog, detainees who cannot make bail are sometimes kept in pretrial detention longer than the maximum sentence they would have received if convicted. In one case, a man was held in pretrial detention for 54 years even though the maximum sentence for his crime was only 10 years. During these periods of pre-trial detention, arrestees are at the greatest risk of human rights abuses as victims have reported that the longer the period of detention, the more intense the violence against them becomes.

	These abuses are made worse and worse by the continuing deterioration of the Indian Police, one of the most ill-equipped police departments in the world. For every 1,037 Indian residents there is only one police officer. (Asian average: 558, global average: 333). Understaffed, under-skilled and under-resourced, the police in many Indian states work long hours under filthy labor conditions. Junior officers face intense pressure from supervisors to solve cases quickly and efficiently. As a result, bribery, brutal torture, murders, illegal arrests and other human rights abuses have become the norm, rather than the exception.		These abuses are made worse and worse by the continuing deterioration of the Indian Police, one of the most ill-equipped police departments in the world. For every 1,037 Indian residents there is only one police officer. (Asian average: 558, global average: 333). Understaffed, under-skilled and under-resourced, the police in many Indian states work long hours under filthy labor conditions. Junior officers face intense pressure from supervisors to solve cases quickly and efficiently. As a result, bribery, brutal torture, murders, illegal arrests and other human rights abuses have become the norm, rather than the exception.

Ibjadmin at 11:40, 31 May 2011

2011-05-31T11:40:23Z

← Older revision		Revision as of 13:40, 31 May 2011
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	India has one of the world's largest populations of pre-trial detainees with 249,796 people in overcrowded and unsanitary prisons. While in police custody, these Indian citizens are often subjected to beatings, sleep deprivation, and shock treatments - all in violation of their fundamental constitutional rights. Subjected to inhuman and degrading treatment, they are an example of human rights abuses on a colossal scale. Four people die in police or judicial custody every day from these abuses.		India has one of the world's largest populations of pre-trial detainees with 249,796 people in overcrowded and unsanitary prisons. While in police custody, these Indian citizens are often subjected to beatings, sleep deprivation, and shock treatments - all in violation of their fundamental constitutional rights. Subjected to inhuman and degrading treatment, they are an example of human rights abuses on a colossal scale. Four people die in police or judicial custody every day from these abuses.

	Many of these [[deaths could be avoided]] if cases were swiftly resolved. However, each year more cases are filed in Indian courts than can ever be disposed of, creating a huge bottleneck in the criminal justice system. There are currently 26,752,193 pending cases in Indian courts and in some jurisdictions case loads are so high that it would take a thousand years to clear court dockets. Because of this backlog, detainees who cannot make bail are sometimes kept in pretrial detention longer than the maximum sentence they would have received if convicted. In one case, a man was held in pretrial detention for 54 years even though the maximum sentence for his crime was only 10 years. During these periods of pre-trial detention, arrestees are at the greatest risk of human rights abuses as victims have reported that the longer the period of detention, the more intense the violence against them becomes.		Many of these [[deaths could be avoided \|Evidence]] if cases were swiftly resolved. However, each year more cases are filed in Indian courts than can ever be disposed of, creating a huge bottleneck in the criminal justice system. There are currently 26,752,193 pending cases in Indian courts and in some jurisdictions case loads are so high that it would take a thousand years to clear court dockets. Because of this backlog, detainees who cannot make bail are sometimes kept in pretrial detention longer than the maximum sentence they would have received if convicted. In one case, a man was held in pretrial detention for 54 years even though the maximum sentence for his crime was only 10 years. During these periods of pre-trial detention, arrestees are at the greatest risk of human rights abuses as victims have reported that the longer the period of detention, the more intense the violence against them becomes.

	These abuses are made worse and worse by the continuing deterioration of the Indian Police, one of the most ill-equipped police departments in the world. For every 1,037 Indian residents there is only one police officer. (Asian average: 558, global average: 333). Understaffed, under-skilled and under-resourced, the police in many Indian states work long hours under filthy labor conditions. Junior officers face intense pressure from supervisors to solve cases quickly and efficiently. As a result, bribery, brutal torture, murders, illegal arrests and other human rights abuses have become the norm, rather than the exception.		These abuses are made worse and worse by the continuing deterioration of the Indian Police, one of the most ill-equipped police departments in the world. For every 1,037 Indian residents there is only one police officer. (Asian average: 558, global average: 333). Understaffed, under-skilled and under-resourced, the police in many Indian states work long hours under filthy labor conditions. Junior officers face intense pressure from supervisors to solve cases quickly and efficiently. As a result, bribery, brutal torture, murders, illegal arrests and other human rights abuses have become the norm, rather than the exception.

Ibjadmin at 11:39, 31 May 2011

2011-05-31T11:39:20Z

← Older revision		Revision as of 13:39, 31 May 2011
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	India has one of the world's largest populations of pre-trial detainees with 249,796 people in overcrowded and unsanitary prisons. While in police custody, these Indian citizens are often subjected to beatings, sleep deprivation, and shock treatments - all in violation of their fundamental constitutional rights. Subjected to inhuman and degrading treatment, they are an example of human rights abuses on a colossal scale. Four people die in police or judicial custody every day from these abuses.		India has one of the world's largest populations of pre-trial detainees with 249,796 people in overcrowded and unsanitary prisons. While in police custody, these Indian citizens are often subjected to beatings, sleep deprivation, and shock treatments - all in violation of their fundamental constitutional rights. Subjected to inhuman and degrading treatment, they are an example of human rights abuses on a colossal scale. Four people die in police or judicial custody every day from these abuses.

	Many of these deaths could be avoided if cases were swiftly resolved. However, each year more cases are filed in Indian courts than can ever be disposed of, creating a huge bottleneck in the criminal justice system. There are currently 26,752,193 pending cases in Indian courts and in some jurisdictions case loads are so high that it would take a thousand years to clear court dockets. Because of this backlog, detainees who cannot make bail are sometimes kept in pretrial detention longer than the maximum sentence they would have received if convicted. In one case, a man was held in pretrial detention for 54 years even though the maximum sentence for his crime was only 10 years. During these periods of pre-trial detention, arrestees are at the greatest risk of human rights abuses as victims have reported that the longer the period of detention, the more intense the violence against them becomes.		Many of these [[deaths could be avoided]] if cases were swiftly resolved. However, each year more cases are filed in Indian courts than can ever be disposed of, creating a huge bottleneck in the criminal justice system. There are currently 26,752,193 pending cases in Indian courts and in some jurisdictions case loads are so high that it would take a thousand years to clear court dockets. Because of this backlog, detainees who cannot make bail are sometimes kept in pretrial detention longer than the maximum sentence they would have received if convicted. In one case, a man was held in pretrial detention for 54 years even though the maximum sentence for his crime was only 10 years. During these periods of pre-trial detention, arrestees are at the greatest risk of human rights abuses as victims have reported that the longer the period of detention, the more intense the violence against them becomes.

	These abuses are made worse and worse by the continuing deterioration of the Indian Police, one of the most ill-equipped police departments in the world. For every 1,037 Indian residents there is only one police officer. (Asian average: 558, global average: 333). Understaffed, under-skilled and under-resourced, the police in many Indian states work long hours under filthy labor conditions. Junior officers face intense pressure from supervisors to solve cases quickly and efficiently. As a result, bribery, brutal torture, murders, illegal arrests and other human rights abuses have become the norm, rather than the exception.		These abuses are made worse and worse by the continuing deterioration of the Indian Police, one of the most ill-equipped police departments in the world. For every 1,037 Indian residents there is only one police officer. (Asian average: 558, global average: 333). Understaffed, under-skilled and under-resourced, the police in many Indian states work long hours under filthy labor conditions. Junior officers face intense pressure from supervisors to solve cases quickly and efficiently. As a result, bribery, brutal torture, murders, illegal arrests and other human rights abuses have become the norm, rather than the exception.

Ibjadmin at 11:52, 18 February 2011

2011-02-18T11:52:42Z

← Older revision		Revision as of 13:52, 18 February 2011
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	*[[Media:India Country Summary Card.pdf \| India Country Summary Card]]		*[[Media:India Country Summary Card.pdf \| India Country Summary Card]]
	*[[Rights of the Accused \| Rights of the Accused Around the World]]		*[[Rights of the Accused \| Rights of the Accused Around the World]]
	* [[Important Case Law regarding ~~Defendant~~'s Rights in India]]		* [[Important Case Law regarding Defendants' Rights in India]]

	<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">LEGAL TRAINING RESOURCE CENTER</h2>		<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">LEGAL TRAINING RESOURCE CENTER</h2>