Behind Bars, Beyond Justice: India’s Undertrial Crisis
Sai Sikruti Panda, BBA LLB, SOA National University of Law
ABSRACT
“Behind bars, beyond justice” is not only a phrase but the reality of undertrials in India. Among all the prisoners, 2/3rd of them are undertrials in jails throughout India, due to reasons like poverty, their inability to obtain bail and the delay in justice. Again, we come across a well-known legal maxim, “Justice delayed is justice denied”. Most of them are still unaware of their rights and have been detained in prisons for years without any trial or legal aid. This situation in the undertrails points to corruption, politics, and the failure of the Indian judicial system.
The National Legal Services Authority (NALSA) has been directed by the Supreme Court to coordinate with the respective state authorities throughout the country to establish undertrial review committees, and the duty was to provide recommendations under the benefit of section 436A of the Criminal Procedure Code (read as Section 479 of Bharatiya Nagarik Suraksha Sanhita) to release the undertrials. The article further stated that the Supreme Court has issued landmark judgments on the rights of undertrials whose rights have been infringed. It has emphasised the sections and articles involved in establishing the rights of prisoners and undertrials, and compared these strategies with those of other countries.
Keywords: Undertrails, NALSA, 436A CrPC (read as Sec 479 of BNSS), Legal aid, Justice.
