Author(s): Jashanpreet Kaur and Dr. Arpana Bansal

Abstract: The question arises in our democratic, and secular Country like India that do Accused also deserves some Legal Rights within the Judicial Custody/Jail/Prison? Well, the due answer is of course yes. The Legal Rights are those rights of an individual which shall not supposes to be violated or deprived pertaining to Natural Rights, Human Rights as mandated by the Principles of Universal Declaration of Human Rights, 1948, the Principle of Natural Justice under the Indian Constitution, the Right to Liberty under Article 21 of the Indian Constitution. The paradigm of Judicial Mindsets or the Due Interpretations of Indian Judiciary have moulded towards ‘Reformative Theory from Retributive Theory’, just because to ensure that even the Accused Right of Human Rights and Natural/Basic Rights shall be preserved in its best and efficient manner by the Indian Criminal Authorities or the Agencies. Under this Research Paper, the Researcher endeavours towards mentioning or highlighting about the Wider Facets of Accused Rights as guaranteed by the Indian Constitution, Prevention of Illicit/Illegal Approaches adopted by the Police Authorities/Officers in Indian Prison against Accused in Remand or sometimes may be in Judicial Custody inclusive of Custodial Death, Brutal Treatment by Hindering their Basic Rights, and other forms of Malice Encounters which is by ‘Ipso Facto Forbidden by Indian Statutes/Law’. The revolution of the Indian Criminal Agencies inclusive of Indian Judiciary and our Indian Legislature or the Indian Parliament has to implemented or the time has come to think pro-actively for the ‘Safeguarding of Legal and Humanitarian Rights of Accused within the Closed Portions of Judicial Custody on the Paramount Level or Spectrum’.

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