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Case Analysis: Sonadhar V. State Of Chhattisgarh SLP (Crl) No. 529/2021




Apoorv Singh & Vijay Kumar, GLA University, Mathura

The recent verdict that rolled out of the hallways of the Apex Court marks a step towards lessening the anguish of persons who've been languishing behind bars for a considerable period without a possibility of being heard in the near future.

This pronouncement assumes a revolutionary role as it seeks to reform the prison system of our country. What transpired and the factors considered to bring out this far-reaching judgment will be further explored in this article.

Individuals and communities have taken on a very significant role on the political and socioeconomic spectrum as civilization and society have advanced. Along with a rising understanding of individual rights, liberties, and justice concepts, discussions regarding the State and its relationship to people have taken center stage. The rights of convicts have risen to the top of these conversations as a result of this increased focus.

Any criminal justice system must contain prisons and other correctional institutions, but the Indian system has certain evident flaws, such as the high number of prisoners who are awaiting trial. Prisoners who are being held by the state pending trial are known as undertrial prisoners. The reasons behind keeping these people locked up can vary, but the most frequent one is to ensure the fairness of the trial and prevent them from having an unfair effect on the proceedings. However, reports from the National Crime Record Bureau indicate that undertrial former prisoners make up close to 60% to 70% of the prison population (across many years), which raises questions about the prisoners' rights and whether it is justifiable to keep them behind bars for so long despite the lack of a conviction.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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