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Detention Before Conviction: The Silent Injustice Faced By Undertrial Prisoners




Mrs. Sampadika Mohanty, Research Scholar, YBN University, Ranchi

Dr. Ajit Kumar Gond, Asst. Prof., Dept of Law, YBN University


ABSTRACT


The document examines the pervasive issue of pretrial detention in India, where nearly three-quarters of prisoners—over 400,000 individuals as of late 2025—await trials without conviction, effectively receiving punishment before guilt is established. This practice undermines the presumption of innocence, enshrined in Article 21 of the Constitution and international covenants like the ICCPR, disproportionately affecting marginalized groups through judicial delays, bail inequities, and overcrowding. Drawing on NCRB data, case studies from Odisha and beyond, and judicial precedents such as Hussainara Khatoon, it highlights health, economic, and social tolls while evaluating reforms like the BNSS 2023.


In any justice system, the cornerstone is the presumption of innocence— accused individuals remain free until proven guilty. Yet, for millions worldwide, this principle crumbles under the weight of pretrial detention. Undertrial prisoners, those held in jail awaiting trial without a conviction, often endure what amounts to punishment before any court declares them culpable. This phenomenon raises profound ethical, legal, and human rights concerns, turning prisons into warehouses for the poor and powerless rather than temporary holding cells.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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