Detention without Conviction: A Socio-Legal Study of Prolonged Pre-Trial Detention in India

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.