1503 November 12 2021

JAIL VS. LOCK-UP: UNDERSTANDING THE DIFFERENCE

Many people think that “jail” and “prison” mean the same thing. Legally, they are almost the same, but there is a difference in how and why a person is kept there. Even more importantly, jail and lock-up are not the same. To understand better, let’s look at them one by one.

A jail, or prison, is a place where a person is kept under judicial custody. This means that the decision to send someone there comes from the court, not the police. People can be in jail even without a conviction, for example, when their trial is going on and bail is not granted. Once convicted, the punishment is also served in jail. Life in jail is governed by many rules, and prisoners have certain rights. For instance, the Supreme Court of India has recognized that under Article 21 of the Constitution, even prisoners are entitled to the right to life and dignity. In the Gurdev Singh case, the court held that the state must provide food, rest, recreation, work, and healthcare inside prisons. Similarly, in Chameli Singh vs. State of U.P. (1996), the court emphasized that prisoners cannot be denied their basic rights.

However, Indian prisons face serious problems. Overcrowding is one of the biggest challenges. For example, Tihar Jail in Delhi was built for about 6,250 inmates, but it currently houses more than 13,500 people—over double its capacity. This situation is made worse because more than 70% of prisoners in India are undertrials—people who are not convicted but are waiting for their cases to be decided. Corruption is another issue. Reports from Tihar suggest that some jail doctors demand bribes for prescribing special diets like eggs, milk, or hospital admission. Rich prisoners often get better treatment, while poor sick prisoners may be forced to work in the kitchen despite their condition. For young people, this overcrowding can be compared to a hostel designed for two students per room but stuffed with five or six, making life very uncomfortable.

On the other hand, a lock-up is different. A lock-up is a small room in a police station where an accused person is kept temporarily. By law, no one can be kept in police custody for more than 24 hours without being presented before a magistrate. If the police need more time for investigation, they must get permission from the court. For young readers, lock-up can be compared to a short “waiting room” in a police station before the court decides whether the accused should go home, get bail, or be sent to jail.

Unfortunately, lock-ups in India have a dark history of misuse. In 2007, a man named Subhash died in Delhi’s Preet Vihar police station after officers broke his spinal cord. In the same year, Sukhjinder Singh was beaten so brutally in a Punjab lock-up that he died. Such incidents show why judicial custody in jail is generally safer, as prisoners are handled by jail officers who are independent of the police investigation, unlike in police custody where abuse is more likely.

In simple terms, lock-up is for short stays under police control, while jail is for longer stays under court orders. In jail, prisoners enjoy more rights and are protected by law, but the system suffers from overcrowding and corruption. If we think of lock-up as a classroom detention and jail as a hostel where you stay until your case is over, it becomes easier to understand the difference.

Reference:
1.The Tribune Newspapers
2.Delhi Police Manual by M.S.Adil

NOTE: "SPEECH THAT NEVER OFFENDS IS SPEECH THAT NEVER MATTERS."

Author

avatar
Adv. ALOK KUMAR
Advocate Serving Delhi NCR
Delhi High Court & District Courts
LL.B.▪︎Faculty of Law▪︎Delhi University


Comments are not allowed on this article.