Criminalised Without Conviction: A Socio-Legal Analysis of Undertrial Detention in India

Abstract

This study critically examines the structural and procedural failures of India’s criminal justice system that have rendered the principle of “innocent until proven guilty” largely ineffective. Through a doctrinal and analytical approach, the paper explores how prolonged pre-trial detention, excessive judicial delays, and systemic socio-economic disparities have transformed the process of justice into a form of punishment for undertrial prisoners. The research highlights that incarceration prior to conviction often stems not from guilt but from poverty, lack of legal aid, and procedural inertia. The findings reveal that the criminal justice process disproportionately affects marginalized populations, thereby undermining the constitutional safeguards of liberty and due process guaranteed under Article 21 of the Constitution of India. The study argues that the existing framework perpetuates a culture of pre-trial incarceration, contradicting both the human rights ethos and the rehabilitative purpose of punishment. Ultimately, it calls for comprehensive reforms in bail policy, judicial accountability, and prison administration to realign the system with its foundational ideals of fairness, justice, and the presumption of innocence.