Bail and Incarceration: The State of Undertrial Prisoners in India

Abstract

This article examines the state of undertrial prisoners in India, using crime and prison statistics released by the National Crime Records Bureau. We find that despite various interventions and reforms introduced by the legislature and the judiciary, the extent and duration of undertrial incarceration amongst prisoners is not only on the rise, but also that it has a disproportionate impact on the most socio-economically vulnerable sections of society. We argue that judicial and legislative reform has failed because of lack of sustained and systematic institutionalisation of reform measures. We conclude that a systemic re-imagination of bail law is needed for a true ameliorative impact on the state of undertrial prisoners in India.

Keywords: criminal law, bail law, pre-trial incarceration