Detention Before Conviction: The Silent Injustice Faced By Undertrial Prisoners
- IJLLR Journal
- Apr 9
- 1 min read
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.
