Abstract:
The presumption of innocence is a foundational principle of criminal jurisprudence.
However, in practice, this principle is frequently compromised in India due to the extensive use
of pre-trial detention. Thousands of individuals remain incarcerated for prolonged periods
without conviction, often exceeding the likely sentence for the alleged offence. This situation
reflects systemic dysfunction within the criminal justice system, including judicial backlog,
investigative delays, and inadequate access to legal representation. Prolonged pre-trial detention
transforms preventive custody into punitive incarceration, thereby eroding public confidence in
the justice system. A socio-legal examination reveals that the issue is not purely legal but deeply
intertwined with socio-economic disparities, where marginalized individuals disproportionately
bear the burden of delayed justice.
