Abstract

The criminal justice system in the Indian context plays an integral part in the social framework of the country in terms of upholding the social order and the principle of the rule of law. Interestingly, the criminal justice system in the Indian context, despite its constitutionally recognized significance and importance, continues to suffer from entrenched deficiencies in its performance. The existence of a time-consuming criminal justice system, overdependence on pre-trial detention, overcrowded prisons, and inherent deficiencies in the framework of policing and prosecution have cumulatively led to a crisis of confidence in the administration of criminal justice. Undergoing a critical analysis regarding the systematic inadequacies observed in the Criminal Justice System operative in the Republic of India, this article promises a thoughtful and comprehensive analysis regarding the causes and consequences associated with the delays taking place during the trial of cases. The issue of prison overpopulation with a special focus on the problem of the presence of a large number of undertrials also promises a critical analysis concerning the conflict existing between preventive detention and the presumption of innocence. The role and functioning of the Police Department as the cornerstone of the Criminal Justice System would be examined and analysed. With reference to judicial opinions, committee reports, and scholarly writings, it can be submitted that piecemeal approaches fail to effectively respond to these interlinked failures. It is proposed that there should be a comprehensive policy reform covering bail reform, improvement of investigation/prosecution, judicial strengthening, non-custodial sentencing options, prison transformation, and a system of accountability. The last section of this article sanctions a comprehensive transformation of India’s criminal justice system with a clear constitutional, evidence-based policy orientation towards ensuring the dispensation of justice, which is timely, humane, and just.

Keywords