criminal justice reform

RIGHT TO FAIR TRIAL IN INDIA: CHALLENGES AND SAFEGUARDS IN THE CRIMINAL JUSTICE SYSTEM

The right to a fair and speedy trial is a fundamental guarantee under Article 21 of the Indian Constitution. Despite robust legal frameworks, systemic delays, limited legal aid, and an overwhelming undertrial population severely threaten justice, requiring urgent technological and procedural reforms.

SCOPE OF STATUTORY BAIL IN INDIA: SUPREME COURT RULINGS AND BNSS GUIDELINES

Default bail is an indefeasible fundamental right under Article 21, protecting accused individuals from indefinite pre-trial detention if police fail to file a charge sheet within 60/90 days. However, recent Supreme Court rulings under the BNSS clarify that mere procedural delays in supplying document copies do not trigger this right.

LAW ON SUSPENSION OF SENTENCE EXPLAINED

The Supreme Court stayed Kuldeep Sengar’s sentence suspension, rejecting a narrow Indian Penal Code reading by the Delhi High Court that weakened POCSO Act protections. Favoring interpretation and victim safety, the ruling exposes gaps and urges unified “public servant” definitions.

SYSTEM OF BAIL IN INDIA: CHALLENGES, WAY FORWARD

Indian bail system, based on "bail, not jail," faces challenges like disproportionate detention of the poor. To address these issues, the government should review preventive detention laws, strengthen bail accessibility, establish clear guidelines, explore alternative forms of custody, speed up the judicial process, and implement comprehensive bail legislation.

India’s Police Must Get Out of Dirty Harry’s Shadow