Providing a humanitarian touch to the criminal justice system, the Centre has framed new policy guidelines to provide relief to scores of terminally-ill undertrials (TIPs) facing various court cases across the country.
The Union home ministry has asked all state governments to consider invoking Section 321 CrPC for withdrawing from prosecution of any terminally-ill undertrials in respect of any one or more of the offences for which he or she is the undertrial.
“Terminal illness is a medical term to describe an active and progressive illness that cannot be cured or adequately treated and is expected to result in the death of the patient,” the MHA has said in a recent communication to chief secretaries of all states and UTs. Some examples of terminal illnesses may include advanced cancer, advanced heart diseases and full-blown AIDS, it said.
The guidelines say that relevant sections like 321 and 317 (1) and (2) of CrPC can be invoked for withdrawing of prosecution, allowing exemption from appearance in court and holding of separate inquiry or trial against such TIPs. They further state that if any undertrial is terminally ill, the matter may be brought to the notice of the court concerned and a plea may be made for exemption from appearance. “However, all the other accused, if any, would be requested to be present in the court as per provisions contained in Section 317 of CrPC,” it says.
Similarly, it has said that there are provisions under Section 317 (2) of CrPC which can be invoked for holding separate inquiry or trial of TIPs.