UNDER-TRIAL PRISONERS IN INDIA: ISSUES, CHALLENGES, AND LEGAL PERSPECTIVES

AUTHOR – SAMIKSHA JAYASWAL* & DR. USMAN ULLAH KHAN**

* PHD SCHOLAR AT SHOBHIT UNIVERSITY GANGOH

** ASSISTANT PROFESSOR AT SHOBHIT UNIVERSITY GANGOH, SAHARANPUR

BEST CITATION – SAMIKSHA JAYASWAL & DR. USMAN ULLAH KHAN, UNDER-TRIAL PRISONERS IN INDIA: ISSUES, CHALLENGES, AND LEGAL PERSPECTIVES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 616-621, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Under-trial prisoners comprise the majority of the prison population in India, which is a matter of grave concern about the delivery of justice, the protection of human rights, and the inefficiency of the system. Despite the constitutional protection of the right to individual liberty and the presumption of the innocence of every individual, the majority of the population remains behind bars without conviction. This paper is a critical analysis of the socio-legal issues related to the detention of under-trial prisoners in India. It also includes the legal provisions and the judicial attitude towards the issue. Finally, the paper concludes with suggestions to ensure the delivery of justice at the earliest and the protection of the fundamental rights of the people.