2. Prison population
Plight of under trial prisoners
Disposal of pending cases under National Judicial Policy 2012
Rights of accused
Rights of accused under international standards
Rights of accused under constitution
Miranda Warnings 1966
Recommendations for expeditious dispensation of criminal justice
• “Pre Trial Prisoners”
“Persons detained by the state, waiting for their trial to
“Under trial Prisoners”
“Persons who are detained in judicial custody while
facing trial in any court on criminal
charges are referred to as under trial prisoners.”
Number of under trials 2019
Number of convicts 2019
4. STATISTICS OF CONVICTED AND
UNDER TRIAL PRISONERS IN 2019
(PAKISTAN JOURNAL OF SOCIAL RESEARCH, VOL. 3, NO. 1,
MARCH 2021, PP. 40-47)
Province No. of
Convicted Under trial
1 Punjab 40 32,447 47,077 20352 26725
2 Sindh 26 13,038 17,239 4808 12431
3 KPK 43 9,642 10,871 3202 7668
4 Baluchistan 11 2,585 2,088 904 1184
120 57,712 77,275 29,267 48,008
5. PLIGHT OF UNDER TRIAL
Delayed justice and its impact on Human Rights
Overcrowding in prisons
Completion of trial in reasonable period of time
Under trial prisoners-‘victims of slow judicial system’
Poor implementation of statutory non-custodial provisions
Constraints – human and financial resources
Detention in bail able cases owing to poverty
Mentally ill prisoners
7. DISPOSAL OF PENDING CASES UNDER
NATIONAL JUDICIAL POLICY 2012
Fixation of time for disposal of criminal cases
In bail able cases, the grant of bail is the right of the
accused hence the accused must be released on bail under
the capacity of Section 496 of the Code of Criminal
Bail applications under Section 497 will not be delayed
for more than 3 days.
Application for cancellation of the bail under Section 497
will be decided by the courts in 15 days.
The criminal cases having punishment of 7 years or above
including death cases will be executed in 1 year.
To monitor false cases, the court shall impose fines on the
• Measures for disposal of cases under National Judicial policy 2012
1. Short term measures
• In bail able cases grant of bail is rule and refusal is an exception
• Courts shall avoid unnecessary adjournments
• Video conferencing facility in each district
• Legal aid committee
• Penal action against false and frivolous cases
2. Long term measures
• Inspection of jails by judges
• Medical facilities to inmates of various jails
• Functioning of process serving agency
• Computerization and networking
• Witness protection programs
10. RIGHTS OF ACCUSED
• Presumption of Innocence
• Freedom from Self-Incrimination
• The right to a fair trial
• The right to know the charges
• The right to examine witnesses
• The right to an interpreter
• The right to appeal in criminal cases.
• Equal Fighting Chances
• Protection of Dignity of accused
• Right to Freedom from Coercion, Duress, Threat, Torture,
or Cruel, Inhuman, or Degrading Treatment
11. RIGHTS UNDER INTERNATIONAL STANDARDS
Article 14 of International Covenant on Civil and Political Rights.
‘Everyone shall be entitled to a fair and public hearing by a
competent, independent and impartial tribunal established by law’.
2. Everyone charged with a criminal offence shall have the right to be
presumed innocent until proven guilty according to law.
Article 6 of Universal Declaration of Human Rights.
‘(…) Everyone entitled to fair and public hearing within a reasonable
time by an independent and impartial tribunal established by law’.
Rule 11(b) of Standard Minimum Rules For The Treatment Of Prisoners.
‘Under trial prisoners or un-convicted prisoners shall be kept separate
from convicted prisoners’.
Article 11 of Universal Declaration of Human Rights.
‘Every one charged with a penal offence has the right to be presumed
innocent until proven guilty according to law in a public trial at which he
has had all the guarantees necessary for his defense’.
Special treatment of women prisoners under Bangkok Rules.
The 70 rules gives guidance to policy makers, legislators, sentencing
authorities and prison staff to reduce the imprisonment of women, and
to meet the specific needs of women in case of imprisonment
13. CONSTITUTIONAL CRIMINAL PROCEDURE
security of person
‘No person shall be deprived of life or liberty save in accordance with law’
Safeguards as to arrest and detention
(1) No person who is arrested shall be detained in custody without being
informed, as soon as may be, of the grounds for such arrest, nor shall he be denied
the right to consult and be defended by a legal practitioner of his choice.
Article 10A right to fair trial
‘For the determination of his civil rights and obligations or in any criminal charge against
him a person shall be entitled to a fair trial and due process’.
Article 13 (b)
Protection against self incrimination
‘No person shall, when accused of an offence, be compelled to be a witness against
14. STATUTORY RIGHTS OF ACCUSED
Section 497 code of criminal procedure 1898
Right to apply bail on the ground of statutory delay
Section 340(1) Code of Criminal Procedure 1898
“any person accused of an offence before a criminal court, or against
whom proceedings are instituted under this Code in any such court,
may of right be defended by a pleader.”
Prison Act 1894
U/s 27. Separation of prisoners
U/s 31. Maintenance of certain prisoners
U/s 40. Visit to un convicted prisoners
Pakistan Prison Rules 1978
U/r 231,232. Separation of under trial prisoners
U/r 337 . Under trial prisoners, permitted to wear his own cloths
U/r 377. Maintenance of private accounts
15. MIRANDA WARNINGS
“Miranda vs. Arizona”(1966)
U.S. Supreme Court decision that specified a code of conduct for police during
interrogations of criminal suspects.
the police is required to inform arrested persons that they have the right to remain
silent, that anything they say may be used against them, and that they have the right
to an attorney.
Protection of rights under the Fifth Amendment regarding self-incrimination.
16. MIRANDA WARNINGS
• You have the right to remain silent
• Anything you say can and will be used as evidence
against you in a court of law
• You have a right to consult with a lawyer and to have
the lawyer present during questioning
• If you cannot afford a lawyer ,one will be obtained for
you if you so desire
17. IMPLEMENTATION OF MIRANDA
WARNINGS IN PAKISTAN
Right to be Represented by a Counsel of Choice
In Muhammad Shahid v. The State, the Lahore High Court, explained the principle in
the following words:
“Every citizen of Pakistan have the right of legal practitioner of his own
choice. Article 10(1) of the Constitution of the Islamic Republic of Pakistan
embodied the “Miranda Rule” which has been drafted from Miranda v.
Arizona 384 U.S. (1966),(…)
Right to ‘Adequate Time and Facilities’ to Prepare a Defense
The need for adequate time has been acknowledged by the Lahore High
Court which held that “right to be defended by a pleader is a statutory
right of the accused, particularly in a charge entailing capital
punishment. Right cannot be abridged by appointment of a counsel a
18. RECOMMENDATIONS FOR EXPEDITIOUS
DISPENSATION OF CRIMINAL JUSTICE
Human resources must be enhanced i.e. the number of investigation officers and
judicial officers, in order to conduct trials more efficiently and reduce pendency of
cases under trial.
Video-conferencing should be encouraged
Establishment of separate prisons for under-trial and convicted prisoners
Regular visits of prisons by District and sessions judges .
Enforcing existing laws and early release
Reforming the sentencing structure for non-violent petty crimes and first-time
offenders to include non-custodial alternatives
Meetings of criminal justice coordination committees should be held to resolve issues
hindering the process of dispensation of justice
Reforming the bail law to bring it in line with international standards
Implementation of alternatives of imprisonment
• To reduce the percentage of Under trial prisoners all
the components of Criminal justice system must play
their due role efficiently.
• The ratio between under trial and convicted prisoners
reflects the indicator that it requires comprehensive
approach by different departments of criminal justice
• Radical change and coordination is required to
improve the position of Criminal Justice System of
Pakistan in the Global Rule Of Law Index.