Reforming Criminal Procedure in India: Balancing Speedy Trials with Fair Trial Guarantees Biju P. Mani

Abstract

The Indian criminal justice system confronts a fundamental tension between the constitutional right to a speedy trial and the guarantee of fair trial procedures. This paper examines the structural and procedural challenges within India's criminal justice framework through analysis of constitutional provisions, statutory frameworks, and judicial pronouncements. As of 2023, approximately 73.5% of India's prison population comprises undertrial prisoners, many detained for periods exceeding potential sentences for their alleged offenses. Through doctrinal analysis, this study evaluates recent legislative reforms, including the Bharatiya Nagarik Suraksha Sanhita, 2023, and their capacity to address systemic delays while maintaining procedural safeguards. The analysis reveals that while procedural innovations demonstrate potential, their implementation remains constrained by infrastructural deficits and institutional capacity limitations. This paper argues for a comprehensive approach integrating technological solutions, enhanced judicial capacity, and strengthened legal aid mechanisms to achieve equilibrium between expedition and fairness in criminal proceedings.