[SR-71]

Originally Posted by binand

Would you mind mentioning where in our constitution is this specified?

I think the OP is trying to differentiate between a prison and jail which an average joe is most likely unaware of. My understanding is, undertrials are kept in police station or jail under police custody, but sometimes in a prison under judicial custody. Once convicted, specially of serious crimes they are lodged in the prison. However, this is not all black and white and the terms are used interchangeably in our country.

[thanixravindran]

Originally Posted by SR-71

I think the OP is trying to differentiate between a prison and jail which an average joe is most likely unaware of. My understanding is, undertrials are kept in police station or jail under police custody, but sometimes in a prison under judicial custody. Once convicted, specially of serious crimes they are lodged in the prison. However, this is not all black and white and the terms are used interchangeably in our country.

You are confusing lot of terms here. What police does is arrest. After that there are 3 categories - Pre trial stage, under trial stage and convicted stage. And only there are 2 remands - Police and Judicial remand.

During investigation when a person is arrested, he must be produced before judicial officer within stipulated time. He will be generally remanded to prison as judicial remand and not police station. Police will get custody for investigation for limited time which is police remand at police station. At the end of it, the accused will be produced and sent to judicial custody or released on bail if sections planned are bailable offense.

Once charge sheet is submitted and charges are framed, case moves to trial stage. Here accused becomes undertrai. They have separate cell in the prison to prevent them being mixed with convicts. Once convicted, they are always lodged in prison and assigned work.

Agree none of it works flawlessly and most of the undertrials langush in jail because of the broken system.

While the OP rhetorically asked for the written constitution, it is established jurisprudence that innocent until proven guilty (1000 guilty can escape but no single innocent should be punished) as well bail is norm and jail is exception. GoI has introduced the twin test conditions in PMLA inverting it. I guess this is again struck down recently clipping the wings of ED perpetually keeping people under trial.. Hope it will be fully overturned.