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VOL. 11, ISSUE 12 (2025)
Rights of undertrial prisoners in the present scenario
Authors
Sampadika Mohanty
Abstract

Undertrial inmates form a substantial majority of India’s prison population, which reflects deep-rooted problems of prolonged pre-trial detention and systemic delay in the criminal process. Their continued custody frequently erodes key constitutional guarantees under Articles 14, 21, 22 and 39A

of the Constitution, particularly the rights to equality, personal liberty, due process and legal aid. Despite repeated interventions by the higher judiciary and various policy measures, structural factors such as poverty, overcrowded prisons and poor legal awareness still hinder access to justice for this group. Recent legal changes, notably Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which relaxes bail norms for first-time offenders, represent an important attempt to make the criminal justice system more humane. This paper examines the constitutional and statutory framework relating to undertrial prisoners, identifies continuing gaps, and evaluates emerging reforms and future strategies for ensuring prompt, fair and dignified treatment of undertrials. ​
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Pages:168-170
How to cite this article:
Sampadika Mohanty "Rights of undertrial prisoners in the present scenario". International Journal of Law, Vol 11, Issue 12, 2025, Pages 168-170
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