GS2 · 15 marks · 250 words

The growing number of undertrial prisoners in India reflects both systemic and procedural lapses within the criminal justice system. In light of recent Supreme Court directions, discuss the underlying challenges and suggest a multi-pronged approach to address this crisis.

Answered by 7 toppers · CSE 2023–2025

Syllabus: Structure, organization and functioning of the Executive and the Judiciary—Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity.

How toppers approached it

From 6 of the 7 answers · about 250 words · 50% drew a diagram.

Opening

  • A figure83%
  • A restatement17%

Body

  • Points and prose50%
  • Points50%

Close

  • No separate close50%
  • A way forward50%

The toppers’ answers

Raghav JhunjhunwalaAIR 4 · CSE 2025 · 196 wordsTheir whole copy

Opening · a figure

As per latest NCRB Reports, over 2/3rd prisoners in India are undertrials; leading to serious concerns wrt criminal justice. SC judgements and Directions:

I. Hussnaira Khatun vs State of Bihar

Body · points and prose

ges & poor infra) (2) Limited jail cells and overoccupancy (3) Over arrests (highlighted by Hon'ble President) Procedural lapses (I) Poor capacity of Public Prosecutor (weakest link) (II) Poor living conditions of Inmates (III) No segregated cells for Transgenders, PwDs, etc (IV) Custodial violence & harassment

SC judgements and Directions:

I. Hussnaira Khatun vs State of Bihar → SC used Art.142 to accept PIL → vouched that Right to speedy Trial is part of Article 21.

II. DK Basu case (to curb custodial harrassment) (1) Name tag of Policemen to be clear (2) Imminent intimation to family & friends (3) Detailed arrest note to be prepared

III. Delhi Govt (NCTD) case → Right against solitary confinement

IV. Menaka Gandhi case (1) Not only existence, but meaningful Right to life & liberty (2) (Beyond Animalistic Existence)

suggestions & way forward

(1) Judicial pendency 1.1 Increase judges (Ex: SC has 33 judges only) 1.2 Promote Tribunals and work upon defunct tribunals (Roger mathews case) 1.3 Promote AI & digi tech 1.4 Fulfill the vacant posts (~20% vacancy at lower judiciary)

(2) Police Reforms 2.1 Parkash singh committee (Reduce political interventions) 2.2 SMART policing 2.3 Encourage leadership Ex: KIRAN BEDI @ TIHAR

(3) Promote legal Aid and ADR (mediation; lok Adalat)

Close · a way forward

The recent BNS (Bhartiya Nyaya Samhita) focuses upon time bound investigation and victim-centric judicial system.

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Courts, judicial review, judicial activism, appointments and independence.

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