House Arrest Can Be Used As A Form Of Judicial Custody, Supreme Court Says

"We observe that under Section 167 in appropriate cases it will be open to courts to order house arrest," the Supreme Court said.

An accused can be placed under house arrest in the name of judicial custody, the Supreme Court said today, citing overcrowding in prisons and the cost of maintaining them with taxpayers' money. "There is a tremendous amount of overcrowding in jails in India. Secondly, a very large sum (Rs. 6818.1 crore) is the budget on prisons. Both aspects are relevant in the context of the possibilities that house arrest offer," Justices UU Lalit and KM Joesph said in their order. The decision on sending any accused to house arrest can be based on factors like age, health and antecedents of the accused, the nature of the crime, the need for other forms of custody and whether the terms of house arrest can be enforced, said the judges. On those convicted of crimes, the Supreme Court said any decision to use house arrest would be left open to the legislature.