Rostrum’s Law Review | ISSN: 2321-3787

Challenges to Liberty: A Prisoner’s Perspective on Rights and Safeguards Amidst Detention


Locking people up without reason is a huge problem, both in India and worldwide. It hurts their basic rights and dignity and opens the door to abuse. This paper looks at the laws and protections in place to stop this from happening, and what those directly affected the prisoners themselves.

Even though different countries have different laws, everyone agrees that nobody should be locked up unfairly. This paper shows how these laws work together, and where they sometimes contradict each other. It also highlights the crucial need for stronger laws, better ways to hold people accountable when they break the rules, and a society that stands up for the rights of everyone, especially those most at risk of being locked up unfairly.

Via this paper, we would like to mention that the voices of the prisoners, serve as a reminder that this is a genuine issue with genuine human repercussions. It is a call to action for all parties involved governments, attorneys, activists, and regular citizens alike to collaborate in order to guarantee that everyone, regardless of identity or transgression, has access to justice. This paper is an appeal to safeguard human rights, preserve dignity, and guarantee that justice is served everywhere.

KEYWORDS: Constitution, International human rights. Legal framework, Illegal detention, Individual rights, Prisoners


In criminal investigation arrest and detention are two important phases. A person who is involved in a serious crime needs to be arrested timely. The word arrest is derived from the French word “arreter” which means to stop or to stay. It refers to the unease of a person by legal authorities which results in deprivation of an individual’s liberty. From the view point of the prisoners,arrest is the starting the uncertain phase of the journey in which freedom is totally taken away .also, without arrest police do not make formal charge sheet . this preventive approach not only keeps criminals away from committing new crimes, but it also creates a safe and secure atmosphere that enables people to live in harmony with one another.

The police authorities are to allowed arrest an individual in cognizable case and in non-cognizable case. Cognizable case is mentioned in Section 2(c) in Code of Criminal Procedure, 1973 , according to which police officer is permitted to arrest an accused involve in cognizable offence such as murder, robbery, theft, rioting, counterfeiting without any warrant from magistrate. [1]Whereas Section 155 of Code of Criminal Procedure defines non-cognizable cases such as crimes of forgery, cheating, defamation, public nuisance under which police officers are not allowed to register FIR, make arrest or to investigate without direction of the court or they need a written warrant from magistrate to take any action.[2]

Detention is the process to receiving a person or property who is involved or is suspected for a criminal activity. For detention of accused person there are two section in Code of Criminal Procedure which is being provided, in which section-57 states the police must effectively complete the in first instance it they are not able to do so then Section 167 takes place which gives 15 days from the date of arrest of an individual which first produced before the magistrate to police official  for further investigation.[3]

When detention exceeds the boundaries of justice and human rights it becomes Illegal detention. In the case  of the prisoner,  if the prisoner being detained illegally amounts to unlawfully restricting their freedom. also, This could take the form of arbitrary detention or extended detention without cause, which would be illegal under Sections 57 and 167 of the Code of Criminal Procedure and Article 22(2) of the Indian Constitution .Also it is mentioned that when the  Prisoners’ rights are violated while  they are held in custody for longer than necessary, which highlights that  how important it is to protect against these kinds of power abuses.[4]

Indian Constitution Safeguards

Constitution of India provides Article 22 which outlines the protection of every person who is arrested. Additional provisions in the article states about the right of detainees and about the further process on detainee for investigation. It outlines the minimum procedural tasks which are included in any legislatively created legislation that denies an individual their personal liberty.[5] Additionally, it applies to the convicts, who are protected by these measures from possible abuses of authority and violations of their fundamental rights.

In Clause 1 of Article 22 of the Constitution of India states any individual who is imprisoned in India for regular cases which are not preventative detention, they have the right to discover their charges against them and they have the right to have a lawyer to  represent them in court, guide them through the legal process, and defend them if necessary. Whereas clause 2 of Article 22 of the Constitution of India outlines that each accused who is arrested for engaging in criminal activities in India should bring before magistrate within  twenty-four hours. To keep that arrestee in custody for furthermore time police officials needs judge’s approval for it.[6]

Without going through a formal judicial process someone gets detained based on suspicion alone is called preventive detention. Article 22(4) of the Constitution of India safeguards the abuse of any person’s preventive dentition.  the prisoner, preventative detention is a serious violation of their freedom, and Article 22(4)’ of the Indian constitution provisions provide an essential safeguard against possible abuse of this authority by the authorities.[7]

A person who is unlawfully detained can file a writ of ‘habeas corpus’ in High court and The Supreme Court of India. Hebeas corpus is derived from Latin word which means ‘you have the body of’  under this legal maxim judge needs to hear an accused in courtroom for the crime he had committed, it is supported by Article 32 and 224 of Constitution of India.[8]

Under Article 227 of the Constitution Of India which says Parliament has the ability to legislate and exercise the prerogatives.

Mathura, Uttar Pradesh resident Ms. Kamini Sharma complains with the Commission alleging, that her brother and father were unlawfully imprisoned for a full day. The investigative team report from the Commission verifies Ms. Kamini Sharma’s allegation that they were imprisoned to apply pressure to Kapil Sharma to force his surrender. The necessity of strong protections against unlawful detention and the requirement for accountability in cases of such abuses are highlighted by this finding.[9] and also same as the case of the prisoners, this illegal detention causes them mental and psychological suffering in addition to violating their rights.

After finding the report unconvincing, the Commission ordered the matter to be investigated by their own Investigation Division. The investigation team’s report confirmed the truth of Ms. Kamini Sharma’s complaint that they had been detained in the intention to put pressure on Kapil Sharma so that he surrender. The procedure followed by the police was found to be wholly unjustifiable by the Commission which is not backed by any authority of law.

The Uttar Pradesh Government ordered by the Commission to file a case of illegal detention registered against the related police officials and initiate appropriate disciplinary charges against the Senior Superintendent of police, Mathura for his incorrect report and lack of concern for the human rights of the citizenry. The Commission also provides the compulsion of Rs.10,000/- to each of the victims as a way of immediate relief.[10]

Human Rights Protections  When in Police Custody

The protection of human rights is a cornerstone of a just and equitable society, particularly when individuals find themselves in the custody of law enforcement agencies The vulnerability of people in police custody highlights the need for strong legal frameworks that protect against mistreatment, torture, and unjustified imprisonment. According to Indian law, this dual obligation exists both domestically, inside the borders of the country, and internationally, via respect for international human rights norms. The goal of the junction of these legal spheres is to guarantee that people’s rights and dignity are upheld even in the difficult situation of being detained by the police. This conversation explores the human rights safeguards provided by both Indian and international law, illuminating the fundamental ideas and procedures that guarantee equity and justice for anyone detained by the police.[11]

In case of Raghbir Singh v. Haryana court decided that police as the guardian of society their  torture is engaging in inappropriate behaviour  an the guardian of society which violates the fundamental freedoms that Article 21 of the Constitution of India guarantees to each and every individual of the country[12]. However, in case law of D.K. Basu vs West  Bengal  the court stated that “any form of torture or cruel, inhuman, or degrading treatment would fall within the violation of Article 21 of the Constitution of India , whether it occurs during investigation, interrogation, or otherwise” in a civilized and democratic society governed by the rule of law.[13]

Also, it is important to add that the prisoner, these decisions are vital in the context of prisoners. They make sure that everyone is treated equally and humanely, even when they are in the custody of the police. No one, under any circumstances, should be the victim of torture or cruelty. These laws support the ideals of justice for everyone while also assisting in safeguarding individual rights.

Several legal frameworks and guiding principles in both Indian and international law protect against mistreatment, torture, and arbitrary detention.

Article 21 – Right to Life and Personal Liberty:

Guarantees the right to life and personal liberty, emphasizing that no person shall be deprived of their life or personal liberty except according to the procedure established by law.[14]

Article 22 – Protection Against Arrest and Detention:

Provides safeguards against arbitrary arrest and detention, including the right to be informed of the grounds of arrest, the right to consult and be defended by a legal practitioner, and the right to be produced before a magistrate within 24 hours.[15]

Legislative Framework:

  • The Code of Criminal Procedure (CrPC)

Outlines procedures for arrest and detention.

Emphasizes the need for a fair and transparent investigation.[16]

  • The Indian Evidence Act

Prohibits the use of evidence obtained through torture or coercion.[17]

  • The Police Act, 1861:

Provides guidelines for police conduct and responsibilities.[18]

  • Supreme Court Guidelines:

D.K. Basu Guidelines:

Laid down by the Supreme Court to prevent custodial violence and abuse.Includes guidelines on arrest, detention, and the rights of the arrested person.[19]

  • Universal Declaration of Human Rights (UDHR):[20]

Article 5:

Prohibits torture, cruel, inhuman, or degrading treatment or punishment.

  • International Covenant on Civil and Political Rights (ICCPR):[21]

Article 7:

Prohibits torture and cruel, inhuman, or degrading treatment or punishment.

Article 9:

Protects against arbitrary arrest and detention.

  • Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT):[22]

Article 2:

Defines torture and requires states to take effective measures to prevent and punish torture.

Article 11:

Requires prompt and impartial investigations into allegations of torture.

  • Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment:[23]

Provides a set of principles for the treatment of individuals in detention.

  • United Nations Standard Minimum Rules for the Treatment of Prisoners (the Mandela Rules):[24]

Provides guidelines for the treatment of prisoners, emphasizing dignity and humane conditions.

Indian and international law’s safeguards for human rights are complementary in ensuring people’s rights and dignity, especially while they are being held by the police. The task at hand is ensuring that these rights are respected in practice by efficient implementation, raising awareness, and developing accountability systems. To establish a judicial system that upholds human rights throughout the whole legal process, ongoing efforts are necessary.

International Legal Framework

Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

The convention is also known as the UN Convention against Torture or CAT [25] . It is an international human rights agreement that focuses at preventing torture and other form of cruel inhuman or degrading treatment at the state level. This treaty is adopted by the United Nations General Assembly in 1984 after several discussions, it was finally adopted. And the convention came into force on 26th June 1987 by Article 27 clause 1 [26] . This allowed every people to have equal inalienable right of all members of the human being, which is also known to be the foundation freedom of Justice, and peace.

As per article 5 of the Universal Declaration of human right and 7 of international Covalent civil and Political right Which boat tell the same right that the no person shall be subjected to torture or cruel or being treated as inhuman Or degrading treatment or punishment [27].

The General Assembly also declared on 9th December 1975 that the protection of all the human beings subjected to Torture and cruelty already in human treatment are degrading treatment.[28] to increase the effectiveness of the global campaign against torture and other form of cruel inhuman or degrading treatment or punishment. [29]

The major clauses of the Convention Against Torture about detention:[30]

Article 1 the definition of torture:

The convention provides the well comprehensive definition of torture, which focuses on emphasizing the act that is severe pain Or suffering whether physical or mental, which is done on purpose to someone to inform punishing or threaten them.

Article 2  to duty for preventing torture:

Every state shall take effective steps to prevent any form of torture and cruel inhuman or degrading treatment within their state jurisdiction. This also includes taking effective measures of legislative, administrative, judicial, or other major to prevent this act.

Article 3 extradition :

No state shall extradite a person to another state where they believe, or the victim would face the danger of being subjected to torture.

Article 4 criminalization of torture :

Every state must ensure that the torture is under the offence in criminal law, and if anyone try to attempt to commit torture, are also would be liable for the same .

Article 12 promotes fair & and impartial investigation :

It is the duty of the state. In any case, torture must be investigated, fairly and impartially and may provide justice as soon as possible to his /her.

Article 2 exceptional circumstances

Article 2 (2)

Article 15 prohibition of evidence obtained by torture :

Any statement that is established to have been made as a result of torture shall not be invoked as evidence in any proceeding.

Article 17 International Monitoring:

The convention in power to establish the committee against torture, which look carefully at the implementation of the convention is effectively used by the state, and also state is required to submit regular report with respect to the monitoring of The status of the committee member.

Universal Declaration of Human right

The Universal Declaration of Human right is also known to be the foundation document for the protection of human being internationally While Universal Declaration of Human right is not a legally binding treaty, but it is the foundation for several legal rules and optional protocols. And the idea of pretending to detention and has inspired the creation of the later International Human Rights Agreement.[31]

The key aspect Of Universal Declaration of human rights relevant to the international legal framework for detention :[32]

Article 3 right to life liberty and Security of person :

It recognises each person’s fundamental right of life, liberty and security of the person, and also emphasise the protection of personal freedom of the people.

Article 5 freedom from torture and inhuman or degrading treatment :

This article proved torture and cruel inhuman or degrading treatment of punishment and This right is the fundamental to protecting the individual in detention from abusive practise .

Article 9 Freedom from arbitrary arrest and detention :

This article guarantees the right to freedom for person from the arbitrary arrest or the detention person can only be subjected to arrest or detention in according with the law provided by the state or as per it. And also mention the reason for the arrest of our individual.

Article 10 right to a fair trial

Emphasize the right of the individual that each one gets right to fair trial And public hearing by an independent and impartial tribunal This right is very vital for the individual detained and facing in legal proceedings.

Article 19 freedom of expression

Article 38 no derogation from human right

This universal declaration of human rights laid the Grand workforce of subsequent human rights instruments and treaties. This principle is widely accepted. Worldwide as customary international law in the context of detention, the Universal Declaration of Human right provide the moral and legal foundation for the protection of a person’s right and dignity. Also focus on the legal instrument, like international covalent on civil and political rights against torture.

International Covenant on Civil and Political Rights

One important international human rights treaty that covers a range of civil and political rights is the International Covenant on Civil and Political Rights (ICCPR). The ICCPR came into effect in 1976 after being adopted by the UN General Assembly in 1966. Along with the Universal Declaration of Human Rights and the International Covenant on Economic, Social, and Cultural Rights, it is included in the International Bill of Human Rights.[33]

Particular rules on the international legal basis for detention are outlined in the ICCPR.[34]

Right to Liberty and Security of Person (Article 9)

“Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention.”

Article 9 of the ICCPR emphasizes the fundamental right to liberty and security.

Detention must not be arbitrary, and individuals should not be subject to unlawful or unjust imprisonment.

Protections in Detention (Articles 9-14):

Text: Articles 9 to 14 contain specific provisions regarding the rights of individuals deprived of their liberty.

Detainees have the right to be treated with humanity and respect for their inherent dignity.

Protections include the right to be informed promptly of the charges, the right to a fair and public hearing, and the presumption of innocence until proven guilty.

Prohibition of Torture and Cruel, Inhuman, or Degrading Treatment or Punishment (Article 7):

“No one shall be subjected to torture or cruel, inhuman or degrading treatment or punishment.”

Article 7 unequivocally prohibits torture and cruel, inhuman, or degrading treatment, emphasizing the absolute nature of this prohibition.

Right to Challenge the Lawfulness of Detention (Article 9):

“Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention.”

Individuals have the right to challenge the lawfulness of their detention promptly before a court, ensuring access to a fair and impartial judicial review.

Mechanisms for International Monitoring: Human Rights Committee

The Human Rights Committee is constituted under the ICCPR and is responsible for overseeing state parties’ observance of the Covenant and evaluating their periodic reports.

Mechanism for Individual Complaints (Optional Protocol):

If someone feels that their rights under the Covenant have been infringed, they may file a complaint with the Human Rights Committee using the Optional Protocol to the ICCPR.

Other relevant international treaties and conventions

  • Convention against enforced disappearance.
  • Convention on the right of the child
  • Convention on the right of the person with a disability
  • Convention on Cybercrime
  • Convention For the Suppression of financing terrorism


Unlawful Detention and the Fight for Justice in the Case of Rajesh Kumar


After being unlawfully held by local law enforcement officials, 32-year-old Rajesh Kumar of a small town in India became trapped in a web of injustice. A wealthy local businessman unjustly accused construction worker Rajesh of stealing. Rajesh was taken into police custody and questioned despite the lack of proof against him.

Treatment and detention

During Rajesh’s detention, his rights and dignity were repeatedly violated. He was not allowed to meet a lawyer during the lengthy interrogation sessions. He was kept in appalling conditions, with filthy, cramped cells adding to his already stressful circumstances. Rajesh’s sense of security and well-being were further undermined by the police officers’ verbal abuse and intimidation techniques.

The case of Rajesh Kumar underscores the urgent need to address the challenges to liberty faced by prisoners. By adopting a prisoner-centered approach and implementing effective safeguards, we can uphold the principles of justice, human dignity, and the rule of law even amidst detention. Rajesh’s story serves as a testament to the resilience of individuals in the face of adversity and the transformative power of legal advocacy in securing justice for all.

The role played by the judiciary & and international body in the development & protection of human rights.

The laws pertaining to basic rights do not satisfy the purpose of protecting an individual’s dignity; rather, the affirmation of the right to enjoy these rights is necessary. Consequently, the right to constitutional remedies that is, the way to petition the Supreme Court to uphold basic rights guaranteed under Article 32. [35]

The judiciary’s constitutional Obligation is to protect the rights of citizens’ human rights. The Supreme Court and High Courts have the authority to take action to carry out these rights. Articles 32 and 226 of the Constitution provide the mechanisms for remedy. Individual have rights via this article to go Supreme Court and high court, respectively when their rights are violated,  and one can complaints by directly approaching the Supreme Court and the High Courts of concerned states regarding the protection and enjoyment of fundamental rights. In such cases, the court has the authority  have to issue the appropriate orders, directions, and writs of habeas corpus, mandamus,prohibition, quo-warranto and certiorari. Protecting the general welfare of citizens and protecting their rights to life, personal freedom, respect for human dignity, and other fundamental freedoms and safeguards are the goals of legislation and the foundation of governmental institutions.

Guardians of Constitutional Principles: The judiciary Play a vital role in  interpreting and defending the laws that protect human rights in its capacity as the guardian of constitutional principles. Constitutional adjudication is the process by which constitutional courts, like the Supreme Court in different jurisdictions, decide whether laws and government acts are consistent with the protections of individual liberty included in the constitution.

Jurisprudence and Legal Precedents: The court establishes legal precedents that specify how human rights legislation should be interpreted and applied via its rulings and body of precedent. The development of legal concepts via significant instances plays a pivotal role in molding the comprehension of rights and obligations.

Access to Justice: People who want to file a complaint against human rights breaches may do so in large part via the court. Courts may grant writs, like habeas corpus, under writ jurisdiction in order to protect people from arbitrary confinement and uphold their right to personal liberty.

The Role of International Bodies:

Global Architects of Human Rights Standards:

International bodies, spearheaded by the United Nations, play a pivotal role in crafting global human rights standards. UN General Assemblyation of Human Rights (UDHR), adopted by the UN General Assembly, stands as a foundational document setting forth fundamental rights and freedoms for all.

International Treaties and Conventions:

These bodies facilitate the creation, monitoring, and enforcement of international treaties and conventions. Instruments such as the International Covenant on Civil and Political Rights (ICCPR) and the Convention Against Torture (CAT) establish a comprehensive framework for state accountability in safeguarding human rights.

Monitoring and Reporting Mechanisms:

Treaty monitoring bodies, committees, special rapporteurs, and working groups are appointed to monitor state compliance with international treaties, investigate human rights violations, and issue reports that hold nations accountable for their commitments.

Flaws in International Law For Human Rights Against Illegal Detention

Even if international law has come a long way in safeguarding human rights against arbitrary detention, there are still certain difficulties and shortcomings in its application. It is crucial to remember that state compliance and enforcement are conditions for international law to be successful. The international legal framework for human rights against wrongful detention has several flaws or problems.[36]

Absence of a Binding Enforcement System

Strong enforcement mechanisms are typically absent from international human rights accords. Governments may transgress human rights with little repercussion since enforcement depends on governments’ willingness to cooperate.

Limited Jurisdiction of International Courts

International courts, such as the International Criminal Court and the International Court of Justice, have restricted authority. Certain states may not be parties to these courts, and even if they are, there can be restrictions on their jurisdiction that restrict what matters they can handle.

Sovereignty Concerns:

States have the right to oppose foreign meddling in affairs that they see as internal. The efficient investigation and punishment of human rights abuses may be impeded by concerns over sovereignty.

Inadequate Implementation at the National Level

National governments may fail to incorporate international human rights standards into domestic law. Lack of effective implementation at the national level undermines the practical impact of international standards Victims’ Limited Access to Justice Inadequate legal counsel, fear of retaliation, or a lack of money are some of the obstacles that victims of wrongful detention may have while trying to get justice.

There can be a shortage of suitable solutions for the victims.

Strengthening the international legal framework, improving accountability systems, and fostering a human rights-abiding culture at the national and international levels are all necessary to address these flaws. Overcoming these obstacles requires persistent advocacy, education, and diplomatic initiatives. The international community may strive toward a more solid and efficient framework for the defence and advancement of human rights around the world by combining these tactics. Maintaining this level of devotion is essential to overcoming obstacles and building a society in which everyone’s human rights are upheld, safeguarded, and realized.[37]

Ideas to Strengthen the Criminal Justice System

Forensic science must improve in quality to reach its full potential as a weapon for the advancement of justice. If the evidence for scientific research was obtained in violation of the Evidence Act or the constitutional rules regulating such things, the findings might be excluded[38].

The public, the government, and the police all have a stake in enhancing law enforcement and developing police that upholds human rights. Public perception may be significantly shifted and police standards can be raised if police department leadership is committed to reform.[39]

Peer groups in any field are ultimately responsible for maintaining a standard of ethical behavior among its members and enforcing punishment. Although everyone has the constitutional right to a fair trial (Article 21), criminal justice system delays often make this difficult to achieve. Timely justice is essential since delayed justice is not completed at all; hence, there shouldn’t be any arbitrary or inflexible deadlines for the investigation, prosecution, or trial. The optimal balance is found between the two[40].

A declaration of integrated government policy made in public It is proposed that law enforcement should be held responsible for violating the accused’s rights in order to put an end to human rights violations. Governments should support the imposition of harsh punishments on those who violate human rights. When governments discover violations of human rights, they need to take immediate action to halt the abuse. When it comes to human rights, governments shouldn’t strive to duck international scrutiny. Instead, the international, national, and regional systems for protecting the rights of people who have been accused should be reinforced. Every country must establish a human rights monitor to look into violations and assist the victims.[41]

International accords that defend the rights of the accused should be backed by governments. If human rights are violated, authorities have to provide efficient channels for redress. If the accused is given sufficient legal counsel by the court, the legal community, the investigating and prosecuting agencies, and others, human rights violations by him may be prevented. States should recognize that NGOs are crucial in advancing humanitarian efforts and human rights on a national, international, and local level. Governments need to support non-governmental organizations and other human rights workers.

Some Recommendations For Improving The Criminal Justice System To Better Protect Human Rights While In Detention [42]

  • Boost Legal Protections

Guarantee Legal Representation Access:

Ensure that every prisoner has the right to legal counsel and that those who cannot pay it get legal help.

Detainees’ Rights Should Be Informed:

Put procedures in place to advise detainees of their rights quickly and fully, which include the right to a fair trial and the right to stay silent.

Stop Arbitrary Arrests:

Create precise legal guidelines to stop arbitrary arrests and guarantee that arrests are supported by reliable information and valid legal justifications.

  • Improve the Conditions of Detention

Adopt and Implement Standards:

Accept and abide by international guidelines for the treatment of prisoners, guaranteeing them access to healthcare, humane circumstances, and safety from abuse or torture.


Create impartial organizations to keep a close eye on and examine correctional institutions regularly to make sure human rights laws are being followed.

Addressing the Overcrowding

Create plans to deal with the problem of overcrowding, which may lead to cruel circumstances and raise the possibility of violations of human rights.

  • Utilizing Technology to Promote Transparency:

Recording Video of Questioning

To improve openness and give a record of the interactions between law enforcement and prisoners, video recording should be used during interrogations.

Systems of Electronic Monitoring

Examine the use of electronic monitoring devices to keep tabs on the circumstances of imprisonment and guarantee adherence to human rights norms.

Improving the criminal justice system while maintaining a strong commitment to human rights while in jail is a complex task that requires extensive changes and persistent work. The recommendations made highlight the need of structural modifications to institutional procedures, legal systems, and public perceptions in order to guarantee the protection of detainees’ rights. A rights-based strategy must prioritize developing accountability systems, enforcing fair and prompt trials, bolstering legal protections, enhancing jail conditions, and advocating alternatives to incarceration.

In order to accomplish this goal, continuous education and awareness campaigns, using technology to increase transparency, and encouraging global collaboration are essential components of changing the criminal justice system. In addition to empowering those involved in the justice system, the use of public awareness campaigns and community engagement tactics promotes cooperative relationships between law enforcement and the communities they serve.

Most importantly, nations should ratify and enforce relevant treaties to ensure that the execution of these recommendations is guided by a commitment to international human rights norms. Establishing impartial monitoring bodies, providing easily accessible complaint procedures, and advocating for restorative justice methods all help to create a system that is open, responsible, and sensitive to the inherent worth of every person.

Ultimately, the improvement of the criminal justice system requires a collective and sustained effort from governmental bodies, civil society, legal professionals, and the international community. By adopting and implementing these suggestions, nations can move toward a criminal justice system that not only upholds the rule of law but also serves as a beacon of justice, fairness, and respect for human rights for all.[43]


A vital aspect of human rights that needs thorough consideration at both the international and national levels is the matter of rights and protection against wrongful detention. To avoid and remedy unlawful detentions, the above-discussed recommendations and considerations highlight the need of a strong legal framework, efficient protections, and accountability systems. Prisoners, being subjected to wrongful detention is a grave injustice that can have devastating consequences on their lives. It not only deprives them of their freedom but also exposes them to potential abuse and mistreatment within the criminal justice system. Therefore, it’s imperative to have mechanisms in place to prevent and rectify such wrongful detentions.

Individuals are protected against arbitrary detention on the international by several treaties and conventions, including the Convention Against Torture, the International Covenant on Civil and Political Rights, and the Universal Declaration of Human Rights. International organizations that monitor and enforce adherence to these norms include the Committee Against Torture and the United Nations Human Rights Council. Global human rights progress is facilitated by cooperative initiatives, information sharing, and the sharing of best practices across governments.[44] Also Prisoners may feel more hopeful and supported knowing that international organisations such as the United Nations Human Rights Council and the Committee Against Torture are keeping an eye on and enforcing respect to these principles.

The Indian Constitution provides protection against wrongful imprisonment in the context of India, a country with a long history of judicial precedents. Article 21’s fundamental rights, which include the rights to life and personal liberty, provide a strong basis for safeguarding people against arbitrary governmental action. Indian courts have been essential in interpreting and defending fundamental rights, especially the Supreme Court. Court rulings that highlight the rights to due process, a fair trial, and the outlawing of torture help to shape the Indian legal system’s emphasis on human rights.[45] When it comes to prisoners facing arbitrary government actions, the fundamental rights provide a glimmer of hope and a foundation for pursuing justice. It is impossible to overstate the importance of Indian courts, particularly the Supreme Court, in upholding and interpreting these fundamental rights.

But problems still exist, and things always need to be improved. Long-term pre-trial detention, overcrowding in prisons, and incidents of violence against inmates highlight the need of continuous efforts to improve legislative frameworks and guarantee their efficient application. In order to promote a rights-based culture across the country, India must ensure that its domestic laws and practices are in line with international human rights norms.

The objective of safeguarding persons from arbitrary imprisonment, promoting equitable and open judicial procedures, and instituting accountability mechanisms for rights violations are shared by India and the international community. A future where everyone is treated with dignity and has their human rights fully protected depends on cooperation between states, international organizations, and local players. This is because justice is a global concept.  Also when its comes to the prisoner’s standpoint, achieving this objective is essential for restoring dignity and ensuring justice for all.

Sustained dedication, collaboration, and a common understanding of the significance of maintaining human dignity are necessary to address the problem of rights and protection against wrongful detention. We may work to create a more equitable and rights-respecting world by promoting an atmosphere that upholds fundamental rights both internationally and domestically in places like India.


Vikas Sharma, Assistant Professor & Research Scholar (Law), Maharishi University of Information Technology, Lucknow, can be reached at vikas230879@gmail.com, Mob; 96677 88496.

K B Asthana, Professor & Dean, Maharishi Law School, Maharishi University of Information Technology, can be reached at kbasthana001@gmail.com. Mob. 9289460910.


[1] Government of India, The Code of Criminal Procedure, 1973 Arrangement of Sections, 1 (1973), https://www.indiacode.nic.in/bitstream/123456789/15272/1/the_code_of_criminal_procedure%2C_1973.pdf.

[2] Id.

[3] Id.

[4] Republic of India, The 1949 Constitution of India, 105th Amendment (2021), https://lddashboard.legislative.gov.in/sites/default/files/COI…pdf.

[5] Id.

[6] Id.

[7] Id.

[8] df16629b0818d0eeb2218055e638ccdac3b1d1d2 @ legalstudymaterial.com, https://legalstudymaterial.com/writs-under-article-32-and-226/.

[9] Illegal detention in Uttar Pradesh | National Human Rights Commission India, https://nhrc.nic.in/press-release/illegal-detention-uttar-pradesh (last visited Dec 10, 2023).

[10] UNIT-2- ARREST , DETENTION , SEARCH AND SEIZURE Structure œ Arrest and Detention œ ARREST AND DETENTION, supra note 2.

[11] police-custody-and-human-rights-violations-in-india @ www.nujssacj.com, https://www.nujssacj.com/post/police-custody-and-human-rights-violations-in-india.

[12] Stephen D Krashen, No 主観的健康感を中心とした在宅高齢者における 健康関連指標に関する共分散構造分析Title, 46 55 (1982), http://eprints.uanl.mx/5481/1/1020149995.PDF.

[13] CJI K G BalaKrishnan, Reportable in the Supreme Court of India (2004), https://districts.ecourts.gov.in/sites/default/files/circular16092015.pdf.

[14] Republic of India, supra note 6.

[15] Id.

[16] code-criminal-procedure-act-1973 @ lddashboard.legislative.gov.in, https://lddashboard.legislative.gov.in/actsofparliamentfromtheyear/code-criminal-procedure-act-1973.

[17] indian-evidence-act-1872 @ lddashboard.legislative.gov.in, https://lddashboard.legislative.gov.in/actsofparliamentfromtheyear/indian-evidence-act-1872.

[18] Nicholas Bloom & John Van Reenen, 済無No Title No Title No Title, NBER Work. Pap. 89 (2013), http://www.nber.org/papers/w16019.

[19] K G BalaKrishnan, supra note 15.

[20] Manfred Nowak, Universal Declaration of Human Rights (UDHR), Elgar Encycl. Hum. Rights 496 (2022), https://www.un.org/sites/un2.un.org/files/2021/03/udhr.pdf.

[21] International Covenant on Civil and Political Rights | OHCHR, https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights (last visited Dec 10, 2023).

[22] Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment | OHCHR, https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-against-torture-and-other-cruel-inhuman-or-degrading (last visited Dec 10, 2023).

[23] Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment | OHCHR, https://www.ohchr.org/en/instruments-mechanisms/instruments/body-principles-protection-all-persons-under-any-form-detention (last visited Dec 10, 2023).

[24] UNODC, United Nations Standard Minimum Rules for the Treatment, 16487 Unodc 1 (2015), https://www.unodc.org/documents/justice-and-prison-reform/Nelson_Mandela_Rules-E-ebook.pdf.

[25] Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment | OHCHR, supra note 24.

[26] Id.

[27] Id.

[28] International Covenant on Civil and Political Rights | OHCHR, supra note 23.

[29] Id.

[30] Id.

[31] Nowak, supra note 22.

[32] Id.

[33] International Covenant on Civil and Political Rights | OHCHR, supra note 23.

[34] Id.

[35] Republic of India, supra note 6.

[36] International standards on detention | OHCHR, https://www.ohchr.org/en/detention/international-standards-detention (last visited Dec 10, 2023).

[37] Learning Objectives, 1 Hum. RIGHTS ARREST, PRE-TRIAL Deten. Adm. Deten. 1, https://www.ohchr.org/sites/default/files/Documents/Publications/training9chapter5en.pdf (last visited Dec 10, 2023).

[38] Winnable criminal justice reforms in 2024 | Prison Policy Initiative, https://www.prisonpolicy.org/reports/winnable2024.html (last visited Dec 10, 2023).



[41] Gender, Sexuality, Violence | The Institute for South Asia Studies, https://southasia.berkeley.edu/gender-sexuality-violence (last visited Dec 10, 2023).

[42] Winnable criminal justice reforms in 2024 | Prison Policy Initiative, supra note 44.

[43] Id.

[44] Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment | OHCHR, supra note 24.

[45] Republic of India, supra note 6.

Scroll to Top