Beyond The Cell: A Comparative Study Of AI- Managed House Arrest As A Solution To The Pre-Trial Crisis In India And The USA
- IJLLR Journal
- 8 hours ago
- 1 min read
Riya Mann, LL.M, Symbiosis Law School, Pune, Symbiosis International (Deemed University) Pune, Maharashtra, India
Dr. Atmaram Shelke, Professor of Law, Symbiosis Law School, Pune, Symbiosis International (Deemed University) Pune, Maharashtra, India.
ABSTRACT
As of 2026, traditional pre-trial detention has reached a breaking point, leading to shadow sentencing where the legally innocent endure punitive conditions due to judicial backlogs and a lack of effective custodial alternatives. This article explores the critical global crisis of prison overcrowding and the systemic erosion of the presumption of innocence affecting under-trial populations in India and the United States by examining the structural and legislative divergence between the United States and India regarding the implementation of house arrest (home confinement). While the US has a codified, multi-billion- dollar infrastructure for home confinement, India is currently treating house arrest as an extraordinary remedy rather than a standard legal tool.
Further, by conducting a comparative analysis of India’s Bharatiya Nagarik Suraksha Sanhita (BNSS)3 and US Pre-trial Services, the study identifies how Artificial Intelligence (AI) can bridge the trust gap that currently hinders judicial reliance on home confinement. The article details the mechanics of Algorithmic Triage, utilizing biometric verification, dynamic geofencing, and predictive behavior analytics to ensure public safety while preserving the socio-economic stability of the accused. Finally, the research addresses the ethical hurdles of algorithmic bias and the digital divide, recommending a Rights-Based Framework that mandates transparency, human oversight, and state-funded monitoring to prevent a new era of digital inequity.
Keywords: Under-trial Prisoners, House Arrest, Artificial Intelligence (AI), Prison Overcrowding, Presumption of Innocence, Algorithmic Triage, Electronic Monitoring, Bharatiya Nagarik Suraksha Sanhita (BNSS)
