Case Laws On Prisoners’ Rights

1. In the case Ashok and Ors. v. The State1, the court held that where a police officer
arrests without warrant any person other than a person accused of a non-bailable offence,
then he should inform the arrested person that he was entitled to be released on bail and
that he may arrange for sureties on his behalf. Thus non-compliance with mandatory
provisions of the Code amounts to non-compliance with procedure established by law
and renders arrest and detention of person concerned illegal. Therefore, trial for offences
under Sections 186 and 353 of the I.P.C. without a special complaint as required under
Section 195(1)(a)(i) of the Criminal Procedure Code, 1973 was held to be illegal.

2. In the case Batna Ram v. State of Himachal Pradesh2 the court held that while
calculating the period of 90 days or 60 days under Sub-section (2) of Section 167 of the
Code of Criminal Procedure, 1973 the period of detention authorised by the Magistrate
under must be included.

3. In the case Kanubhai Chhaganlal Brahmbhatt v. The State of Gujarat and Anr.3, the
court held that Magistrate shall not have jurisdiction to authorize detention of accused in
police custody if Accused is prepared to give bail. The court held that even when person
arrested on charge of cognizable offence which was bail able did not give bail, it was
doubtful if it would be open to Magistrate to authorize his detention in police custody.

4. In the case Soni Natverlal Prabhudas and Anr. v. State of Gujarat and Ors.4, the court
held that so far as person arrested under preventive detention is concerned, he is not

1
1987 Cri LJ 1750.
2
1980 Cri LJ 748.
3
1973 Cri LJ 533.
4
1983 Cri LJ 1124.
required to be produced before Magistrate within period of 24 hours of such arrest. In
case of person who is arrested or detained under any law providing for preventive
detention, Article 22(1) and (2) of Constitution would not apply. In case of person who is
arrested under law other than law providing for preventive detention, he was required to
be produced, before Magistrate within period of 24 hours of such arrest and such arrested
person could not be detained in custody beyond said period without authority of such
judicial authority.