Journal of Advances in Developmental Research

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Prison Reforms in India: Evaluating Undertrial Detention and Access to Justice

Author(s) Shivina Rathore
Country India
Abstract India's prison system stands at a critical intersection of constitutional rights, criminal justice administration, and social equity. This paper examines the systemic crisis of undertrial detention and access to justice in India, situating these concerns within the broader framework of prison reform. Drawing on the National Crime Records Bureau's Prison Statistics India 2023 report, India Justice Report 2025, and recent legislative developments including the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and the Model Prisons and Correctional Services Act, 2023, the paper critically evaluates the structural causes and constitutional consequences of India's undertrial crisis. With over 76% of India's prison population comprising undertrial prisoners individuals presumed innocent yet detained without conviction the paper analyses how judicial pendency, bail inaccessibility, inadequate legal aid, caste and class discrimination, and institutional deficiencies collectively perpetuate a system in which pre-trial detention functions as de facto punishment. The paper examines landmark Supreme Court jurisprudence from Hussainara Khatoon to Satender Kumar Antil and evaluates whether recent legislative reforms, particularly Section 479 BNSS, sufficiently address the structural causes of prolonged incarceration. It concludes that while India's legal framework for prison reform is increasingly progressive in design, its implementation remains profoundly inadequate, and proposes a set of structural reforms grounded in constitutional rights and international human rights standards.
Keywords Undertrial Prisoners, Prison Reforms, Access to Justice, BNSS 2023, Speedy Trial.
Published In Volume 17, Issue 1, January-June 2026
Published On 2026-03-23
Cite This Prison Reforms in India: Evaluating Undertrial Detention and Access to Justice - Shivina Rathore - IJAIDR Volume 17, Issue 1, January-June 2026.
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