From Arrest to Release: How the Legal Process Works

From Arrest to Release: How the Legal Process Works

Note 1

This article provides a brief overview of sentencing methods in Indian criminal cases. It is not intended to be a comprehensive explanation or legal advice. Since, Jurisprudence is subject to varying interpretations and changes, readers are encouraged to consult additional sources for a deeper understanding.

Note 2

The Union BJP Government has introduced new laws namely the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA). These laws came into effect nationwide on July 1, 2024, replacing the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act (IEA).

Understanding the Indian Criminal Justice System

Let us understand how the criminal justice system operates in India, especially in the context of arrest, trial, conviction and eventual release.

When a crime is reported, for instance, a body is found, the police begin an investigation and may identify a suspect. Let us say the police claim, “X killed Y.” This becomes the police narrative, which may or may not be accurate. The police can arrest X immediately and detain him in police lockup, which is allowed only for 24 hours.

After this, the suspect must be produced before a magistrate. The police inform the magistrate of their suspicions and may argue against granting bail, stating that the investigation is still in an early and critical stage. They may also express concerns that the accused could destroy evidence or influence witnesses. If the magistrate agrees, X is placed in police custody for further interrogation at the police station.

As the investigation progresses, if the police no longer require X’s direct presence for questioning but still want him detained, they may request judicial custody. Under judicial custody, X is sent to a prison and remains under court supervision, not police control.

• Police Custody: X is held at the police station for interrogation.

• Judicial Custody: X is held in prison under the court's supervision while the investigation continues.

At this stage, X may or may not be guilty. In fact, there may only be a 50 percent chance that he actually committed the crime. If he is innocent, the days spent in custody are irretrievably lost. This is why the legal system recognises the concept of bail.

Bail and Its Safeguards

Bail is not granted unconditionally. It comes with safeguards to ensure the accused does not tamper with evidence or abscond. The court typically requires a personal bond or a surety bond, which is a formal assurance that X will appear before the court whenever required.

Filing of the Chargesheet and Framing of Charges

Once the police complete their investigation, they file a chargesheet before the magistrate. The magistrate then summons X and formally reads out the charges. This process is known as the framing of charges.

At this point, X has two options:

• X pleads guilty and says “I did it”: The court proceeds directly to decide and pronounce the appropriate punishment.

• X pleads not guilty and says “I didn’t do it”: The case proceeds to a full-fledged trial.

The Trial Process

During the trial, both the prosecution and the defence present their evidence. Witnesses are examined and cross-examined. At the conclusion of the trial, the court delivers its verdict:

• Conviction: If X is found guilty.

• Acquittal: If X is found not guilty.

If convicted, the court decides the sentence.

Stages of Detention

Throughout the legal process, the nature of detention changes:

• Lockup: Immediate post-arrest holding at a police station.

• Police Custody: For interrogation by police.

• Judicial Custody: Detention in prison while the trial is ongoing.

• Post Conviction Custody: After sentencing, the convict is typically moved to a central jail.

Note: Central jails usually house both undertrial and convicted prisoners. Subordinate jails are mainly for undertrial prisoners.

Appeal and Bail Post Conviction

After conviction, X has the right to appeal to the District Court. He can also apply for bail during the appeal process. The court may,

• Grant bail

• Deny bail

• Alter the sentence by reducing, maintaining or increasing it

If the District Court’s verdict is unsatisfactory, X can further appeal to the High Court, and eventually to the Supreme Court of India. These courts have the authority to,

• Acquit the accused

• Reduce the sentence

• Uphold the original conviction and punishment

Commutation and Remission

Commutation refers to changing the nature of the sentence. For example,

• Death sentence to life imprisonment.

• Life imprisonment to a fixed term.

• Rigorous imprisonment to simple imprisonment.

Commutation can be ordered by,

• The Governor under Article 161.

• The President of India under Article 72.

These powers are exercised under different circumstances and legal provisions.

Remission means reducing the duration of a sentence,

• For fixed term sentences, remission may be granted by the jail superintendent.

• For life sentences, remission can only be granted by the government.

Example - In one case, the government recommended remission, but the Governor did not sign the order. This showed that the Governor’s signature was essential for such an executive decision. Eventually, the matter went to court, and the court intervened to order the release of the prisoners.

Example - In another instance, the Governor commuted a death sentence to life imprisonment. While this is within the Governor's power, such decisions are rare and more commonly exercised by the President.

Changing Views on Capital Punishment

Until the 1990s, the death penalty by hanging was more commonly imposed in India. Over time, legal and public opinion began shifting away from capital punishment. As a result, courts started awarding alternative sentences such as,

• Life imprisonment for 28 years.

• Life imprisonment for 30 years.

• Life imprisonment till natural death.

This shift reflects an evolving understanding of justice and punishment.

Mercy Petitions and Long Delays

Previously, mercy petitions were resolved within six months. However, delays became more common after two major political assassination cases, one in Punjab and another in Tamil Nadu. Due to such delays, some prisoners have remained in jail for over 20 years. Earlier, they might have been released after 14 years.

Misleading Terminology

The process of converting a death sentence to life imprisonment, and then to a fixed term sentence, is long and complicated. Unfortunately, many people become aware of these complex legal layers before even understanding the basics of criminal procedure. This often leads to confusion.

One such confusing term is “premature release”. In reality, many of these prisoners have already served many years in prison. But the phrase “premature” wrongly suggests that they are being released early, perhaps after only few years, when in fact they have already served well beyond the minimum required period.

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