UNDERTRIAL PRISONERS IN INDIA: A CONSTITUTIONAL AND SYSTEMIC ANALYSIS

AUTHORS – NIKHAT AYUB VOHRA & IRAM FAATEMA RAFIQ SHAIKH

STUDENTS AT KES SHRI JAYANTILAL .H. PATIL LAW COLLEGE, MUMBAI

BEST CITATION – NIKHAT AYUB VOHRA & IRAM FAATEMA RAFIQ SHAIKH, UNDERTRIAL PRISONERS IN INDIA: A CONSTITUTIONAL AND SYSTEMIC ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.897-898, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Undertrial prisoners issue is one of the most topical problems of the criminal justice system in India. Regardless of the constitutional provisions that ensure the liberty of the individual and the presumption of innocence, a major percentage of the prison population is composed of people who have not even been found guilty of any crime. The extensive pre-trial detention period, which is commonly caused by procedural delays, financial disadvantage, and other constraining practices in setting bail, provides a cause of concern with both constitutional and human rights. This paper discusses whether or not undertrial prisoners are afforded any legal protection, weaknesses present in the system, and how this can be corrected by implementing changes that will result in compliance with the constitutional requirement.