The illusion of justice: Corruption at every level of the criminal justice process

The promise of justice is undermined when citizens navigate corruption, delay, and procedural opacity to exercise their rights guaranteed by law. The process surrounding arrest and bail in India's subordinate courts is particularly affected by corruption, which has become a necessary component of the judicial machinery. This article highlights the levels at which people encounter corruption even before an accused is convicted, using examples from Odisha's courts.

The illusion of justice pervades the Indian criminal justice system, with corruption seeping into every level of the process. The experience of navigating arrest and bail procedures in subordinate courts is a stark illustration of this reality. While the Supreme Court has mandated that grounds for arrest be provided in writing to the accused, this provision remains largely unimplemented. This article explores the extent to which corruption affects the exercise of fundamental rights guaranteed by Article 22(1) of the Constitution of India.

Article 22(1) of the Indian Constitution guarantees the right to consult and be defended by a legal practitioner of choice upon arrest. However, this provision has been rarely followed in practice until recent Supreme Court decisions. The court's ruling in Mihir Rajesh Shah v. State of Maharashtra & Another (2025), Vihaan Kumar v. State of Haryana and Another (2025) mandated that grounds for arrest be provided in writing to the accused before being produced before a magistrate. Despite this, corruption continues to plague the judicial machinery at the subordinate level.

The experience of navigating corruption in the Indian criminal justice system is a stark reminder of the need for reform. The article's focus on the process surrounding arrest and bail serves as a catalyst for change. By highlighting the levels at which people encounter corruption, this article aims to spark a national conversation about the importance of upholding fundamental rights.

As the Indian criminal justice system continues to grapple with issues of corruption, delay, and procedural opacity, it is essential to prioritize reform. By doing so, we can ensure that the promise of justice is not an illusion but a reality for all citizens.