2025, Vol. 5, Issue 2, Part A
Locked justice: Evaluating judicial interventions on prison overcrowding, bail reforms, and the rights of undertrial prisoners under India’s criminal justice framework post-BNS, 2023
Author(s): Amit kumar Singh
Abstract: Prison overcrowding and the plight of undertrial prisoners have emerged as critical challenges within India’s criminal justice system, particularly in the aftermath of the Bharatiya Nyaya Sanhita (BNS), 2023. This research paper, titled Locked Justice: Evaluating Judicial Interventions on Prison Overcrowding, Bail Reforms, and the Rights of Undertrial Prisoners under India’s Criminal Justice Framework Post-BNS, 2023, explores the multidimensional issues surrounding bail jurisprudence, custodial justice, and constitutional safeguards. Despite constitutional guarantees under Articles 21 and 22, and statutory provisions under the Code of Criminal Procedure, undertrial prisoners constitute over 75% of India’s prison population, highlighting systemic inefficiencies, procedural delays, and inequitable access to bail. The study critically evaluates judicial interventions, with the Supreme Court and High Courts playing a transformative role in shaping jurisprudence on bail, speedy trial, and prison reforms. Key judgments such as Hussainara Khatoon v. State of Bihar and Supreme Court Legal Aid Committee v. Union of India demonstrate the judiciary’s proactive approach in upholding fundamental rights, though challenges of implementation persist. The paper also undertakes a comparative analysis with jurisdictions such as the United States and the United Kingdom, where bail reforms, alternatives to incarceration, and community-based monitoring have reduced under trial incarceration rates. Findings suggest that India requires a stronger balance between preventive detention policies and rehabilitative justice, with technology-driven reforms, case management systems, and robust legal aid mechanisms to reduce judicial delays.
Pages: 54-64 | Views: 1197 | Downloads: 1012Download Full Article: Click Here
How to cite this article:
Amit kumar Singh. Locked justice: Evaluating judicial interventions on prison overcrowding, bail reforms, and the rights of undertrial prisoners under India’s criminal justice framework post-BNS, 2023. Int J Criminal Common Statutory Law 2025;5(2):54-64.