Justice Delayed, Liberty Denied: Bail, Delay, And Undertrial Prisoners In Assam
- IJLLR Journal
- Oct 7
- 2 min read
Mrs. Jayashri Rajbangshi, Research Scholar, National Law University and Judicial Academy, Assam.
Dr. Diptimoni Boruah, Professor, National Law University and Judicial Academy, Assam.
ABSTRACT
The problem of prolonged undertrial detention continues to plague India’s criminal justice system, with Assam reflecting the crisis in an acute form. Judicial delays, manifested through a low judge-to-population ratio, prolonged police investigations, delayed filing of charge sheets, and irregular production of undertrial prisoners (UTPs) in courts, remain a primary cause of such detention. The ineffectiveness of the bail system further compounds the crisis: while courts may grant bail, stringent financial conditions, high surety requirements, and the socio-economic vulnerabilities of prisoners render such relief practically inaccessible. Together, these structural and procedural deficiencies contribute significantly to overcrowding in Assam’s central and district jails and perpetuate the violation of prisoners’ fundamental right to liberty under Article 21 of the Constitution. Statutory safeguards, notably Section 479 of the Bharatiya Nagarik Suraksha Sanhita (corresponding to Section 436A of the Code of Criminal Procedure), mandate release of UTPs after detention equalling half the maximum prescribed sentence. Similarly, the establishment of Undertrial Review Committees (UTRCs) pursuant to Supreme Court directions and NALSA guidelines was intended to provide regular oversight of UTP cases. However, the doctrinal analysis undertaken in this study reveals that the implementation of these safeguards in Assam has been sporadic and ineffective. While judicial pronouncements reaffirm the principle of speedy trial, the gap between legal ideals and ground reality persists, particularly in states like Assam with limited judicial infrastructure and pronounced socio- economic inequality. This paper adopts a doctrinal methodology, analysing statutes, constitutional provisions, judicial decisions, Law Commission reports, and prison statistics to critically evaluate the factors underlying prolonged undertrial detention in Assam. It further undertakes a comparative perspective by examining practices in other states and identifies lessons applicable to Assam. The study concludes with concrete recommendations aimed at strengthening judicial capacity, rationalising bail conditions, and revitalising UTRCs to ensure that the statutory and constitutional promise of liberty is not rendered illusory for undertrial prisoners.
Keywords: Undertrial Prisoners; Judicial Delay; Bail System; Section 479 BNSS; Section 436A CrPC; Undertrial Review Committees (UTRCs); Prison Overcrowding; Assam; Doctrinal Research; Right to Liberty; Speedy Trial.
