According to the most recent National Crime Records Bureau (NCRB) data, approximately 74% of all inmates in Indian prisons in 2023 were undertrials. This means that out of the 5.3 lakh people in jail in India, 3.9 lakh are still on trial and have not yet been convicted. While this number remains strikingly high, it actually reflects an improvement compared to previous years; the percentage of undertrials in 2021 was 77%, which then decreased to 76% in 2022.
Several factors contribute to the high number of undertrial prisoners in India. Delays in investigations, a shortage of judges, and a lack of access to legal aid for the poor are major reasons why undertrials spend extended periods in prison. As of early 2025, India has an estimated 21 judges per million people, which is less than half the number recommended by the Law Commission in its 120th report. There are also a staggering 3.6 crore criminal cases pending in district courts, 17.5 lakh cases in high courts, and over 14,667 cases in the Supreme Court.
The high number of undertrials significantly contributes to overcrowding in prisons. Although occupancy rates improved from 131% in 2022 to 121% in 2023, prisons still hold more inmates than their sanctioned capacity. In 2023, the prison population across India fell from 5,73,220 in 2022 to 5,30,333, which helped ease some pressure on correctional facilities. However, overcrowding remains acute in several regions, especially in Delhi prisons, which have an alarming 200% occupancy rate. In contrast, Telangana's prisons operated at just 72.8% capacity.
The situation of undertrial prisoners in India raises serious concerns about human rights. Prolonged detention without a trial violates fundamental rights guaranteed by the Indian Constitution, including the right to a speedy trial (Article 21) and the presumption of innocence until proven guilty (Article 20(3)). Furthermore, many undertrial prisoners lack access to legal representation, despite Article 39A guaranteeing free legal aid. This lack of representation hinders their ability to defend themselves effectively. The Delhi High Court has affirmed that judicial authorities must apply their mind when extending the custody of undertrial prisoners.
Recent initiatives aim to address the challenges faced by undertrial prisoners. The Union Home Minister has emphasized the need to expedite the release of undertrials who have served more than one-third of their maximum sentence. The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, introduces provisions for relaxed bail for first-time offenders. Section 479 of the BNSS permits bond release if the incarceration period is up to one-third of the sentence. Additionally, district-level Under Trial Review Committees (UTRCs) review undertrial cases and recommend actions like release or bail. Section 436A of the Code of Criminal Procedure, 1973, stipulates that undertrial prisoners not accused of offenses punishable by life imprisonment or death should be released if detained for half the prescribed imprisonment period.
Despite these efforts, the high proportion of undertrials in Indian prisons remains a significant challenge. A substantial percentage of undertrials are eventually acquitted, discharged, or otherwise released. The India Justice Report 2025 projects that India's prison population will exceed 6.88 lakh by 2030, with the undertrial population rising to over 5.26 lakh. This will further strain already overstretched prison staff and resources.
The National Human Rights Commission emphasizes that prisoners, whether convicts or undertrials, should be treated as human beings and enjoy all fundamental rights guaranteed by the Constitution. This includes the right to a speedy trial, the right against inhuman treatment, and the right to legal assistance.
