Speedy Trial or Prolonged Detention? Undertrial Prisoners and India’s New Criminal Laws

In December 2023, the Prime Minister of India declared that the new criminal laws would usher in an era of justice that is “citizen-centric, time-bound, and rooted in India’s own ethos”, while the Union Home Minister stressed that the reforms were designed to “ensure speedy trials, protect victims, and restore faith in the justice delivery system.” These statements reflect the official vision behind the enactment of the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA), laws intended to replace the colonial framework with a modern, efficient, and rights-oriented criminal justice system. Central to this vision is the plight of undertrial prisoners (UTPs), who form nearly 77 % of India’s prison population and remain the most vulnerable group affected by prolonged incarceration, bail hurdles, and systemic delays. This paper critically examines whether the new laws meaningfully address these concerns or merely recodify existing procedures without altering entrenched realities. Drawing upon both doctrinal analysis and empirical fieldwork, the study evaluates how provisions such as Section 479 BNSS (successor to Section 436A CrPC), stricter timelines for investigation and trial, and the introduction of electronic procedures are likely to impact the lived experiences of UTPs. Based on field research conducted across seven district jails in Assam viz. Darrang, Dhubri, Dibrugarh, Jorhat, Guwahati, Goalpara, and Kokrajhar, and supported by detailed case studies of prisoners, the paper investigates whether these statutory promises translate into substantive relief on the ground. The findings reveal a persistent disjuncture between legislative intent and institutional practice. While the new laws emphasize speed and efficiency, socio-economic vulnerabilities, poor legal aid, ineffective Undertrial Review Committees, and administrative inertia continue to undermine the rights of UTPs. By situating Assam’s prison realities within the national reform discourse, this research underscores that the true test of the new criminal laws lies not in their codified ideals but in their capacity to reduce unjust incarceration and restore the dignity of undertrial prisoners.