arbiter
JournalsAccount

The Retributive Turn: How Indian Courts Transform Pre-trial Detention into Punishment

Chirag Balyan & Atmaram Shelke

Economic and Political Weekly2026https://doi.org/10.71279/epw.v61i01.43699article
ABDC B
Weight
0.50

Abstract

Prisons are primarily intended for convicts. However, in India, approximately 70% of prisoners are undertrial detainees (NCRB 2020), that is, individuals held in custody by judicial order while awaiting trial (Heard and Fair 2019).Prisons are primarily intended for convicts. However, in India, approximately 70% of prisoners are undertrial detainees (NCRB 2020), that is, individuals held in custody by judicial order while awaiting trial (Heard and Fair 2019). As a matter of principle, personal liberty should not be deprived unless a person is found guilty through due process. Yet, pre-trial detention—a form of incarceration involving the deprivation of liberty (Murphy 2008)—can be imposed without a completed trial, often bypassing rigorous standards of proof. The United Nations (1988) defines a detained person as “any person deprived of personal liberty except as a result of the conviction of an offence.” Unlike post-conviction imprisonment, pre-trial detention does not require a formal determination of guilt (Wiseman 2014). Simply put, when an accused person is brought before the court after arrest and judicial custody is ordered, it constitutes pre-trial detention.

Open via your library →

Cite this paper

https://doi.org/https://doi.org/10.71279/epw.v61i01.43699

Or copy a formatted citation

@article{chirag2026,
  title        = {{The Retributive Turn: How Indian Courts Transform Pre-trial Detention into Punishment}},
  author       = {Chirag Balyan & Atmaram Shelke},
  journal      = {Economic and Political Weekly},
  year         = {2026},
  doi          = {https://doi.org/https://doi.org/10.71279/epw.v61i01.43699},
}

Paste directly into BibTeX, Zotero, or your reference manager.

Flag this paper

The Retributive Turn: How Indian Courts Transform Pre-trial Detention into Punishment

Flags are reviewed by the Arbiter methodology team within 5 business days.

Evidence weight

0.50

Balanced mode · F 0.40 / M 0.15 / V 0.05 / R 0.40

F · citation impact0.50 × 0.4 = 0.20
M · momentum0.50 × 0.15 = 0.07
V · venue signal0.50 × 0.05 = 0.03
R · text relevance †0.50 × 0.4 = 0.20

† Text relevance is estimated at 0.50 on the detail page — for your query’s actual relevance score, open this paper from a search result.