CJI Chandrachud: Pre-trial Detention as Punishment Turns Law on Its Head | Quick Digest
Chief Justice of India D.Y. Chandrachud recently stated that prolonged pre-trial detention amounts to punishment, undermining the presumption of innocence. He emphasized that bail should be the norm if trials are delayed, especially for offenses under national security laws. These remarks were made at the Jaipur Literature Festival.
CJI D.Y. Chandrachud criticized lengthy pre-trial detention as a form of punishment.
He asserted that bail should generally be a right, based on the presumption of innocence.
Remarks were made at the Jaipur Literature Festival, discussing the Umar Khalid case.
Chandrachud highlighted issues with national security laws overturning bail principles.
He stressed the fundamental right to a speedy trial under Article 21 of the Constitution.
The statement underscores concerns about judicial delays and undertrial prisoners' rights.
Chief Justice of India D.Y. Chandrachud recently voiced strong concerns about the Indian criminal justice system, stating that keeping individuals behind bars for years before trial effectively amounts to punishment and 'turns the law on its head'. These significant remarks were made on January 18 or 19, 2026, at the Jaipur Literature Festival while responding to questions on free speech, national security, and the Unlawful Activities (Prevention) Act (UAPA).
CJI Chandrachud emphasized that the foundational principle of Indian law is the presumption of innocence, meaning every undertrial is presumed innocent until proven guilty. He argued that pre-trial detention should not serve as a form of punishment and questioned how the state could compensate individuals who spend years in jail only to be acquitted later. He clarified that bail should be granted as a matter of right unless three specific exceptions are met: the accused might flee, tamper with evidence, or repeat the offense. He pointed out that many national security laws have reversed this fundamental principle, sometimes substituting the presumption of innocence with an 'almost presumption of guilt'.
The Chief Justice also highlighted the severe problem of delayed trials and the prosecution's inability to conclude them within a reasonable timeframe. He asserted that the fundamental right to a speedy trial, enshrined under Article 21 of the Constitution, must take precedence. Chandrachud's comments came in the context of discussions surrounding the repeated denial of bail to activist Umar Khalid, who has been incarcerated since 2020 without trial in the Delhi riots conspiracy case. While the original Live Law article and some other reports incorrectly referred to him as 'Ex-CJI,' D.Y. Chandrachud is the current Chief Justice of India. His statements reflect a critical perspective on the challenges facing India's judiciary and the protection of civil liberties.
Read the full story on Quick Digest