Rights Of Undertrial Prisoners In The Present Scenario
- IJLLR Journal
- Dec 20, 2025
- 1 min read
Mrs. Sampadika Mohanty, Research Scholar, YBN University
ABSTRACT
Undertrial prisoners constitute more than three-fourths of India’s total prison population, revealing the persistent crisis of pre-trial detention and judicial delay. Their prolonged incarceration often undermines basic constitutional rights guaranteed under Articles 14, 21, 22, and 39A of the Indian Constitution. Despite multiple judicial interventions and policy efforts, systemic barriers—such as poverty, overcrowding, and lack of legal awareness—continue to plague the justice process. Recent legislative reforms, including Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which liberalizes bail for first-time offenders, mark significant progress toward humanizing the criminal process. This paper analyzes the legal framework governing undertrial rights, highlights existing lacunae, and discusses ongoing reforms and possible paths forward to ensure fair, humane, and speedy justice.
