Source: Supreme Court  

Why in News? 

Recently, Justice KV Viswanathan and Justice NK Singh directed the Uttar Pradesh government to pay ₹5 lakhs compensation for unlawfully detaining a prisoner for 28 days despite a valid bail order, holding that personal liberty cannot be denied over minor clerical errors. 

• The Supreme Court held this in the matter of Aftab v. the State Of Uttar Pradesh (2025). 

What was the Background of Aftab v. State Of Uttar Pradesh (2025) Case? 

• The applicant was arrested and charged with offences under Section 366 of the Indian Penal Code, 1860 (IPC) and Sections 3 and 5(i) of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021.  
• The Supreme Court granted bail to the applicant on 29th April 2025. The Additional District and Sessions Judge, Ghaziabad issued a release order on 27th May 2025, containing all necessary particulars including the detainee's name, father's name, crime number, police station details, and relevant sections.  
• The release order mentioned only "Section 5" instead of "Section 5(i)", omitting the sub-section designation. 
• Prison authorities refused to release the prisoner citing the clerical omission of sub-section "(i)" in the bail order. The Jailor filed a correction application on May 28, 2025, seeking modification of the release order. 
• The correction application remained undisposed by the District and Sessions Judge. The prisoner remained detained for 28 additional days beyond the release date.  
• The prisoner was finally released on 24th June 2025, only after the Supreme Court took cognizance of the continued detention. 
• The Supreme Court directed the physical presence of the Jail Superintendent of Ghaziabad Jail and the UP-Director General (Prisons) to appear virtually. The State was represented by the Additional Advocate General, Uttar Pradesh. 

What were the Court’s Observations? 

• The Court emphasized that personal liberty is a very valuable and precious right guaranteed by the Constitution and cannot be bartered away on the altar of technicalities. 
• The Court observed that personal liberty cannot be denied on "useless technicalities" and "irrelevant errors" when the details of the case and offences are otherwise clear from the bail order.  
• The Court held that the "substance of the order" must be examined, and authorities must not look for "minor and irrelevant errors" as a pretext to deny individual liberty. 
• The Court stated that as long as basic particulars are available and there is no dispute about identifying the individual, nitpicking court orders and refusing to implement them while keeping individuals behind bars constitutes a serious dereliction of duty.  
• The Court questioned whether the non-mention of a sub-section was a valid ground for prison officers to refuse release, particularly when there was no difficulty in identifying the prisoner and the offences. 
• The Court expressed concern about the message being sent by keeping people behind bars for such reasons and questioned what guarantee exists that many other persons are not languishing for similar reasons.  
• The Court reminded prison officials that it is their primordial duty to obey court orders, whether right or wrong.  
• The Court termed the entire episode as "unfortunate" and "preposterous," noting that each stakeholder was aware of the offence, crime number, and sections under which the applicant was charged. 
• The Court warned that if such attitude towards personal liberty persisted, it would increase the compensation amount from Rs. 5 lakhs to Rs. 10 lakhs. 
•  The Court expressed hope that no other convict or undertrial is languishing in jail on account of similar technicalities and directed a thorough inquiry into this aspect. 
• The Court emphasized the importance of respecting individual liberty guaranteed under Article 21 of the Constitution of India and the need to sensitize officers about this fundamental right. 

What is Section 479 of BNSS ? 

Section 479 of BNSS are as follows:   

• There is a provision for release of first-time offenders in case they have undergone detention for a period extending upto one third of the maximum period of imprisonment specified for such offence.   
• A new provision added by way of sub section 2 is that an under-trial prisoner shall not be released on bail if an investigation, inquiry or trial in more than offence or in multiple cases is pending against him.   
• Further, sub section 3 is added which provides that bail can be granted on the report of the Superintendent of jail. 

What are the Rights of Prisoners Under Different Laws India ?  

Rights Under Code of Criminal Procedure (CrPC) 

• Pre-Trial Rights: 
  • Right to Information Upon Arrest (Section 50): 
    • Every arrested person must be informed of the grounds for arrest. 
    • Non-bailable offence arrestees must be informed of their right to bail. 
    • Police must inform about entitlement to arrange sureties. 
  • Right to Prompt Judicial Review (Section 56): 
    • Arrested persons must be taken before a magistrate without unnecessary delay. 
    • Subject to bail provisions, immediate judicial oversight is mandatory. 
  • Right to Legal Representation: 
    • During Interrogation (Section 41D): Right to meet an advocate of choice during interrogation. 
    • Free Legal Aid (Section 304): State-funded legal representation for those unable to afford counsel in Sessions Court trials. 
• Procedural Rights During Detention: 
  • Right to Medical Examination (Section 54): 
    • Right to request medical examination if it may provide exculpatory evidence. 
    • Medical practitioner's report must be furnished to the arrested person. 
    • Protection against requests made for vexation or delay. 
  • Right to Dignified Search (Section 51(2)): 
    • Female prisoners can only be searched by other females. 
    • Search must be conducted with strict regard to decency. 
• Trial Rights: 
  • Right to Presence During Proceedings (Section 273): 
    • All evidence must be taken in the accused's presence. 
    • Alternative presence through legal counsel when personal attendance is dispensed with. 
  • Right to Access Case Documents (Section 208): 
    • Right to copies of statements recorded under Sections 200 and 202. 
    • Access to confessions recorded under Sections 161 and 164. 
    • Right to inspect voluminous documents if copying is impractical. 
  • Right to Appeal (Chapter XXIX): 
    • Statutory right to appeal in prescribed cases. 
    • Welfare Rights 
  • Right to Human Treatment (Section 55A): 
    • Custodial authorities have duty to ensure reasonable care of health and safety. 
    • Protection against inhuman treatment during detention. 

Bharatiya Nyaya Sanhita, 2023 (BNS)  

Section 258: Commitment for trial or confinement by person having authority who knows that he is acting contrary to law. 

• Officials acting contrary to law with corrupt or malicious intent face punishment 
• Penalties include imprisonment up to seven years, fine, or both 
• Safeguard against abuse of authority by custodial officers

Rights Under Prisons Act, 1894 

• Accommodation and Separation Rights: 
  • Proper Prison Infrastructure (Section 4): 
    • The State government must provide adequate accommodation. 
    • Prisons must comply with statutory requirements for prisoner separation. 
  • Segregation Rights (Section 27): 
    • Separate accommodation for:  
      • Male and female prisoners 
      • Juvenile/under-age prisoners 
      • Unconvicted prisoners 
      • Civil prisoners 
• Health and Medical Rights: 
  • Medical Examination on Admission (Section 24): 
    • Mandatory health assessment upon prison entry. 
    • Documentation of existing wounds or medical conditions. 
    • Assessment of fitness for different types of labor. 
    • Special provisions for female prisoners (examination by matron). 
  • Healthcare for Sick Prisoners (Section 37): 
    • Right to proper medical care during illness. 
    • Access to medical facilities within prison system. 
• Economic and Personal Rights: 
  • Right to Private Maintenance (Section 31): 
    • Civil and unconvicted prisoners may maintain themselves. 
    • Right to purchase or receive food, clothing, and necessities from private sources. 
    • Subject to examination and approved regulations. 
  • Right to Work (Section 34): 
    • Civil prisoners may work and follow trades or professions with superintendent's permission. 
    • Economic activity rights during imprisonment.