| Abstract: |
India's prison system harbors a profound paradox, the overwhelming majority of its incarcerated population has not been convicted of any criminal offence. Undertrial prisoners those detained pending completion of trial constitutes approximately 75.8% of India's total prison population, as recorded in NCRB Prison Statistics 2022. This figure is not merely a statistical anomaly; it is a systemic indictment of India's criminal justice infrastructure. The present paper examines the undertrial crisis through a socio-legal lens, situating it at the intersection of constitutional guarantees, judicial interpretation, and socio-economic marginalization. It analyses the framework under Articles 14, 21, and 22, the evolution of bail jurisprudence, and key judicial pronouncements including Hussainara Khatoon, Satender Kumar Antil, and Maneka Gandhi. It further critiques structural impediments judicial delay, poverty-driven detention, inadequate legal aid, and discriminatory bail conditions that render the process itself a form of punishment. The paper evaluates post-2020 legislative developments including the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and the functioning of Undertrial Review Committees. It concludes with reform proposals anchored in access to justice and constitutional dignity. |
