Those Behind Bars Unseen: A Critical Study of India's Undertrial Emergency Within the Criminal Justice Process

Undertrial detention—where people are kept in court-ordered custody before any finding of guilt—stands among the Indian criminal justice system’s most enduring breakdowns. According to the most recent National Crime Records Bureau (NCRB) figures, close to 77% of India’s prison population consists of undertrials, underscoring a broad breach of constitutional protections and human rights driven by extended confinement and court delays. This paper reviews the legal safeguards meant for such detainees, including the move from Section 436A of the CrPC to Section 479 under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. It contends that although the written law appears robust, outcomes on the ground remain poor because prisons are packed beyond capacity, legal assistance is insufficient, and entrenched socio-economic inequality persists.