The Urgency of Criminal Justice Reform

India’s criminal justice system — comprising the police, prosecution, judiciary, and prisons — is the backbone of the rule of law. Yet, it faces deep structural challenges that have eroded public confidence and delayed justice delivery. With over 5 crore pending cases, overcrowded prisons, and a high number of undertrials, reforming the system is no longer a matter of choice but necessity. A just, efficient, and humane justice framework is vital for democracy, human rights, and economic progress.

Key Problems: Pendency, Undertrial Population, and Prison Overcrowding

The National Judicial Data Grid (2025) reveals that more than 70% of prisoners in India are undertrials — individuals awaiting trial, often for minor offences. This reflects both judicial delay and procedural inefficiency.

Prison overcrowding is another crisis: India’s jails operate at over 130% of their capacity, leading to poor living conditions, violence, and denial of basic human rights.

Case pendency, particularly in trial courts, stems from vacancies in the judiciary, inadequate infrastructure, and procedural delays. The result is justice delayed and denied, undermining public faith in the rule of law and perpetuating inequality — as the poor and marginalized are most affected.

Role of Investigations and Forensic Science

Effective criminal justice begins with scientific, unbiased investigation. However, police investigations in India often suffer from manual procedures, lack of training, and political interference. Conviction rates in major crimes remain low due to weak evidence collection and poor coordination between police and prosecution.

Expanding the role of forensic science and modern investigative tools can transform this process. The Criminal Procedure (Identification) Act, 2022 now allows collection of biometric and biological samples for scientific analysis. Investment in forensic labs, DNA profiling, and digital evidence units is crucial for accuracy and speed.

Moreover, establishing independent forensic institutions, separate from police control, can ensure objectivity and transparency in criminal investigations.

Bail Reforms, Plea Bargaining, and Alternative Dispute Resolution

India’s bail system disproportionately affects the poor. While affluent accused often secure release, underprivileged individuals languish in jail for want of surety. The Supreme Court has repeatedly emphasized that “bail is the rule, jail is the exception”, yet the reality remains the opposite.

Comprehensive bail reforms — including standardized guidelines, automatic bail for minor offences, and community service alternatives — are needed to reduce undertrial incarceration.

Similarly, plea bargaining, introduced in 2005, remains underutilized due to lack of awareness and judicial hesitation. Encouraging negotiated settlements for petty offences can decongest courts and prisons.

Further, Alternative Dispute Resolution (ADR) and Lok Adalats can play a greater role in diverting minor criminal and quasi-criminal matters, allowing the judiciary to focus on serious crimes.

Human Rights, Police Reforms, and Accountability

At the heart of reform lies the need to humanize the system. Reports by the National Human Rights Commission (NHRC) and Law Commission have documented custodial violence, arbitrary arrests, and misuse of preventive detention laws.

Implementing the Supreme Court’s Prakash Singh (2006) directives on police reforms remains critical — including fixed tenures, separation of investigation and law-and-order functions, and creation of independent Police Complaints Authorities.

Training police personnel in human rights, gender sensitivity, and modern forensics can transform policing from coercive to citizen-centric. Accountability and transparency — through body cameras, CCTV monitoring, and independent oversight — must become institutional norms.

Use of Technology and Case Triaging

Technology offers powerful tools to streamline justice delivery. The e-Courts Mission Mode Project, virtual hearings, and digital evidence management systems have reduced paperwork and improved accessibility.

Artificial Intelligence and data analytics can be used for case triaging — prioritizing serious or time-sensitive cases, automating routine tasks, and identifying bottlenecks. Integrated databases across police, courts, and prisons can ensure real-time tracking of cases and undertrials.

However, digitization must go hand-in-hand with data security, training, and infrastructure investment, especially in lower courts and rural areas.

International Lessons and an India-Specific Model

Globally, countries like the UK and Singapore have demonstrated how independent oversight bodies, forensic modernization, and community policing can enhance justice efficiency. Nordic countries emphasize rehabilitation over retribution, maintaining some of the lowest recidivism rates.

India can adapt such practices to its context by creating:

• Integrated justice delivery platforms linking police, prosecution, and judiciary.
• Community correction models emphasizing rehabilitation and reintegration.
• Victim and witness protection frameworks to ensure fair trials.

A holistic reform model must address the “5 Ps” — Police, Prosecution, Prisons, Procedure, and People’s rights — through institutional coordination and accountability.

Conclusion

Reforming India’s criminal justice system is central to building a fair and secure society. The focus must shift from punitive to reformative justice, from delay to delivery, and from authority to accountability.

With the new Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) replacing colonial-era laws, India has an opportunity to craft a modern, humane, and technology-driven justice system.

The goal should be clear: a justice system that protects rights, delivers timely justice, and reflects the values of a progressive constitutional democracy.