Pretrial incarceration converting into unauthorized form of punishment

Holding an accused in continuous pre-trial detention for an extended period without the active commencement of trial transforms custody into an unauthorized form of pre-trial punishment. The basic premise of criminal law presumes an accused innocent until proven guilty following a complete, fair trial. When an undertrial accused remains incarcerated for a substantial fraction of the maximum statutory sentence while proceedings remain stalled at preliminary stages, judicial intervention becomes imperative. Courts cannot permit investigative processes or procedural delays to inflict punitive detention prior to conviction. Where hundreds of prosecution witnesses are cited and document scrutiny remains incomplete after lengthy detention, early trial completion becomes impossible. In such circumstances, continuing custody violates fundamental principles of fairness and due process under Article 21. Bail must be granted to safeguard against pre-trial incarceration functioning as informal punishment. (Arvind Dham v. Directorate of Enforcement | 2026 INSC 12)