An Analytical Study On Prison Overcrowding And The Protection Of Undertrial Prisoners' Rights In India
- IJLLR Journal
- 3 days ago
- 1 min read
Srihari Venkatesh Bhat, Symbiosis Law School, Pune
ABSTRACT
Enactment of the Bharatiya Nyaya Suraksha Sanhita, 2023 (BNSS) is a crucial development in criminal justice reform in India through procedural reforms and alternative sanctions like community service. However, the on- going crisis of undertrial detention and prison overcrowding reflects a profound structure of failure that has not been addressed by new legislation. This article analyses Section 479 of the BNSS in terms of constitutional protections under Articles 14 and 21, pinpointing its failure to address the prolonged detention of undertrial prisoners. Contrary to decades of judicial rulings, policy suggestions, and human rights campaigning, congested prisons continue to drain both justice dispensation as well as human dignity. The research assesses the viability of electronic surveillance, combined with undertrial inspection procedures, as constitutionally acceptable alternatives to pre-trial detention. Through an examination of the gaps between reform intention and execution, the article makes the case for targeted legislative reform, technology integration, and enhanced oversight mechanisms to de- congest prisons without compromising fundamental rights.
