हुसैनआरा खातून (III) बनाम गृह सचिव, बिहार राज्य
| Citation | (1980) 1 SCC 93 |
| Court | Supreme Court of India |
| Date | 26 February 1979 |
| Year | 1980 |
| Bench | P.N. Bhagwati, A.P. Sen JJ. |
| Acts/Articles | Article 21, Article 32 |
| Category | Constitutional Law, Criminal Law |
Key Principle Established
Undertrials who have served more than the maximum sentence for their alleged offence must be released. Women in "protective custody" must be freed and sent to welfare homes.
This was the third order in the Hussainara Khatoon series. The Court examined the status of undertrials in Bihar who had been in jail for periods exceeding the maximum sentence for their alleged offence. The counter-affidavit revealed women prisoners held under “protective custody” without being accused of any crime.
The Court directed:
This order directly led to the release of thousands of undertrials across Bihar. The concept that protective custody of women is unconstitutional imprisonment was revolutionary. This series of orders created the framework for undertrial rights that is now codified in Section 479 of BNSS, 2023.
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Read AnalysisThis judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).
22+ years of practice before Punjab & Haryana High Court and Supreme Court of India.