Undertrial Detention crises in India

Undertrial Prisoners are those individuals who are detained and waiting for trial or legal proceedings against them . These individuals are those who are not convicted for crime yet. Many of them are the poeple who are detainted for minor crimes such as theft , snatching , defamation etc. 

India has a serious problem with undertrial prisoners. More than 76% of people in Indian jails have not yet been convicted, but many of them stay in prison for years. This violates their basic rights such as equality, freedom, and the right to life and dignity. Although the law says that a person is innocent until proven guilty, undertrials are often treated as criminals and suffer poor living conditions, lack of legal help, police abuse, and long delays in getting justice. 

Indian prisons are extremely overcrowded, working at over 131% capacity, which badly affects the physical and mental health of prisoners. Big states like Uttar Pradesh, Bihar, Maharashtra, Madhya Pradesh, and Tamil Nadu suffer the most because of high crime, slow courts, and heavy case backlogs. Poor families are the worst affected, as the arrest of one earning member pushes them deeper into poverty. Long delays also weaken public trust in the justice system. 

To solve this, the government has started several reform programs such as prison modernization, digital prison management (e-Prison), free legal aid, and better prison rules. The Justice Amitava Roy Committee also suggested faster trials, more lawyers for prisoners, special fast-track courts, and better prison facilities. These reforms are urgently needed to protect human rights, reduce suffering, and make the justice system fair and efficient. 

A) Legal Framework 

Section 479 of BNSS which aims to reduce overepresented detention and focusing on first time offenders . First time offenders are those individuals without prevision conviction . they must be released after serving ⅓ of the maximum sentence . This section also talks about the general rule for bail where the accused of non captial offences are eligible for bail after serving half of the maximum sentence . 

Exception : provision do not apply to cases 1) person has done multiple offenses 2)investigation ongoing for other crimes 

Section 436 and 436A(amendment 2005) of CRPC which explains the eligibility for bail and states the individual who servd half of maximum imprisonment period for their alleged offenses can be released on personal bond and exclude those with offenses punishable by death or life imprisonment . 

Constitutional part 3 which grants fundamental rights including Article 14 and article 15 which deals with equality before law and equal protection for every person and prohibits discrimination on five grounds including socio-economic factors respectively . It has been seen that people with weaker economic backgrounds are seen behind the bars for longer periods because they can’t afford bail for bailable crimes. They can’t afford legal assistance because of lack of money and lack of awareness which produce the discrimination on the basis of economic and poor survive in imprisonment for longer periods than weaker and better-class . So the law gives some benefits to undertrials but constituional right infringe because of socio-economic discrimination in the society and in jails as well. 

Prison Act 1894 which formed in british rule era and this acts talk about how to manage prison in India . it focued on custody and discipline of prisoners but it doesn’t consider the factor of Rehabilitation . In Identification of prisoners Act 1920 is change in identification process and includes biometric of prisoners . 

Evolution of the Undertrial Prisoners’ Rights in India 

1. Maneka Gandhi v. Union of India (1978) : In this case Principle Established by Supreme Court held that the “procedure established by law” under Article 21 must be just, fair, and reasonable. This decision transformed Article 21 from a narrow guarantee of liberty into a broad

protection of human rights and laid the constitutional foundation for later protection of undertrial prisoners. 

2. Hussainara Khatoon v. State of Bihar (1979) : This case exposed the shocking condition of thousands of undertrial prisoners in Bihar who had been in jail for years without their trials commenced , many for minor offences punishable by only a few months. Judicial Contributions in this case and Recognized Right to Speedy Trial as part of Article 21, Declared Free Legal Aid to be a constitutional right , Treated the matter as Habeas Corpus. 

The court also examined the defects in Bail system , Police procedures and Prison administration. This case marked the birth of the constitutional undertrial protection regime. 

3. Pehadiya Case (1981) : The Court condemned the judicial system’s indifference toward undertrials, observing: “Once a person is lodged in jail… he becomes a forgotten specimen of humanity.” It highlighted systemic failure and the urgent need for reform. 
4. Shabbu v. State of U.P. (1982) : In this case the court held that Section 436A CrPC aims to relieve the suffering of undertrials by giving credit for the period already spent in jail against the final sentence. 
5. Supreme Court Legal Aid Committee v. Union of India (1994) : Bail Reform Guidelines for Undertrials where court release condition such as Punishable up to 5 years release after serving half of the maximum sentence , punishment more than 5 year release on bail of ₹50,000, punishment more than 10 years release on Bail of ₹1 lakh after 5 years custody 
6. Jagannath v. State (1996) : In this case the Madras court held that if the charge sheet is not filed within the limitation period under Section 468(2) CrPC states specific timeframes: six months for fine-only offenses, one year for offenses with up to one year imprisonment, and three years for offenses with imprisonment between one and three years further detention violates Article 21 and the undertrial must be released.
7. Shankara v. State (1980) : In this case Delhi administration introduced the classification of undertrials into “poor” and “non-poor”. It was held that detention solely due to poverty violates Articles 14 and 21 and directed courts to relax bail conditions where necessary. 
8. Re: Inhuman Conditions in 1382 Prisons (2016) : Comprehensive Prison Reform Judgment by Justice Madan B. Lokur highlighted the issue (1) overcrowding in prison ,(2) unatural death of prisoners , (3) inadequacy of personal staff and he Formed the Under Trial Review Committee in every district and Mandatory implementation of Sections 436 & 436A CrPC. He also emphasized on dignity, healthcare and legal aid for prisoners. 

Implication of Undertrial Crises: 

Violation of Fundamental Rights 

Undertrial is a big issue in India because India has the highest number of undertrial prisoners . According to NCRB data , Over 76% of the prisoner population are undertrial prisoners and they are in the jail for a longer period . Undertrial prisoners in prison for a longer period infringes the constitutional rights such as article 14(equality), article 19(freedom of speech) and article 21 (life and personal liberty) of undertrial prisoners and violates article 20(3) innocence before proven guilty. India follows the ‘innocence before proven guilty’ principle where any defendant in a criminal trial is assumed to be innocent until they have been proven guilty. It is a fundamental right of those individuals who have been arrested but thry treated as guilty before proven innocence and suffered from police torture , quality of life in prison where article grants them baisc necessities like food , water , clothes and dignity life but they are ignorant from their basic rights granted by constitution . . They have been arrested, exceeding the punishment of crime for which they may be liable after being declared convicted . But, Many of them are in jails for longer period without commencing trials because of lack of awareness of legal aid , poor legal aid quality like state provide free service suffer from irregular lawyer apperance , ineffective efford of lawyers and sometime they can’t afford bail for bailable offences(jail often cheaper than bail) which affect the CrPc effectiveness. They are also liable for speedy trial under article 21 . The right to a speedy trial is protected by several important rules under the Code of Criminal Procedure, which is now being replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023. These

include time limits on police investigation under Section 167 to stop people from being kept in jail without charge for too long, the requirement under Section 309 that trials should continue day-to-day once witness examination begins, the benefit under Section 436A allowing undertrials to be released on bail if they have already served half of the maximum possible sentence, and the system of plea bargaining under Chapter XXIA to settle less serious cases quickly. If this right is violated, a person can approach the Supreme Court under Article 32 or a High Court under Article 226, request High Court intervention under Section 482 for speedy disposal, and in serious cases of unjust delay, courts may grant bail or even cancel the criminal proceedings. 

Overcrowding Prisons 

“With a national average occupancy rate of more than 131%, Indian jails face extreme overcrowding and are battling multiple health challenges, according to the recently released India Justice Report 2025. The report highlights the fact that India’s prison inmate population is projected to reach 6.8 lakh by 2030, even though prison capacity is only likely to grow to 5.15 lakh.”1 

Overcrowded prisoner conditions worsen when they live in overcrowded prisons because this affects the living conditions including mentality and physical health of prisoners . Overcrowding affects the inhuman living condition of prisoners. It is a big challenge for the Indian government because delay in trial affects the health of prisoners and prisoner’s psychology like anxiety , depression and sense of hopeness. 

“The IJR 2025 recorded that the available capacity of Indian prisons has increased by 27% from 2012 to 2022, but the share of total prisoners has increased by 48%. In the same period, undertrials in jails increased from 66% to 76%. 

In six States and UTs, more than 50% of inmates have cases pending for over three years, and in 16 States and UTs, the cases pending for more than 5 years in subordinate courts have increased in the past two years.”2 

India’s undertrial situation shows a sharp contrast between large and small states. Uttar Pradesh and Bihar carry the heaviest burden because of their huge populations, rising crime, overcrowded prisons, and slow courts, which result in long periods of detention for undertrials, especially for poor accused persons who cannot afford bail or legal help. In these states , The prisons in this state operate at 184% of their intended capacity, accommodating 1.2 lakh inmates in facilities designed for 65,000. States like Maharashtra, Madhya Pradesh, and Tamil Nadu also record high undertrial numbers due to urban crime, land disputes, and serious court backlogs, with prisons running far beyond their capacity where state’s total prison population of 60,000 (with a 126% overcrowding rate) places immense pressure on facilities, causing delays in trial proceedings. and undertrials forming most of the prison population. In contrast, smaller regions such as Lakshadweep, Ladakh, DNHDD, Sikkim, and Mizoram have very few undertrials because of their small populations, low crime levels, and manageable court workloads, which prevents serious congestion in their prison and judicial systems. 

It has been seen that religious minorities are over represented among prison inmates . The share of Hindu prisoners is lower than among prisoners than sikh and muslims. Muslim only religious group whose share is larger among other undertrial than among the convicts . ( Around the world , Marginalized communities are often more likely to be suspected of criminal behaviour , more likely to detained. A study from maharastra , muslim are overepresented in jail in state. The shift in religious compostion of priosner last 10 years has been seen where the expansion in hindu prisoners in prison since 2011 – Hindu are 70.5% undertrials and 71.7% convicted whereas muslim 21.2% underdertrial and 17.8% convicted. 3 

Judicial Baklog 

Many cases are pending and many of them are still waiting for commencing the trial in courts . the highest number of pending cases contribute to the backlog of cases in the India judicial system . This not only delays but also affects the trust of citizens in the Indian judiciary system . Citizens don’t want NDOH (taarik par Taarik) , they need a fast track system to provide justice which can resolve the issue in a specific time within the ambit because delay impacts on justice . Prolonged detention affects justice , rehabilitation and socio-economic wellbeing of prisoners and their families . Many families have one person who earns for the whole family but when this man is arrested and belongs to a weaker section who can”t afford bail or lawyer , ultimately affects the family which worsen their condition . 

It also erosion the trust of citizen on indian judicial system because public trust on legal system and their work and efforts for justice but when people suffers from long and long delay in getting justice , they started lose their faith of legal system in delivering justice . It is very important to maintain that trust and faith in delivering justice and provide it timely with fair and effective outcomes. 

Prison Reform in India 

Reform is needed because the present criminal justice system, despite having legal safeguards, is failing to protect the fundamental right to a speedy trial in practice. Courts are overburdened, prisons are overcrowded with undertrials, and delays in investigation and trial keep thousands of people in jail for years without conviction. This not only violates Article 21 of the Constitution but also causes serious harm to individuals, especially the poor who cannot afford bail or proper legal assistance. Prolonged detention destroys livelihoods, families, and public trust in the justice system, making urgent reform essential to ensure fairness, efficiency, and true access to justice. So the government launched various schemes launched for the better condition of prison , priosner , infrasructure and maintenance of prisons such (1)Modernization of prisons scheme launched in 2002-03 with the objective to improve condition of prisons , prisoners and prison personnel . (2) Modernization of prison project which was launched in 2021-2026 by government and decided the raise the finance for modern security system in prisons ,(3) E-Prison project which aims to introduce effective prison management through digitialization , (4) Model prison manual Act 2016 which consist detail information about legal service to prison inmates , (5) Legal authority service which was ecforced in 9 november 1995 which provide free and competent legal service to weaker. 

Justice Amitava Roy (retd.) Committee 2018 recommended speedy trial where prisoners should get justice as soon as possible without unreasonable delay, atleast one lawyer for every 30 prisoners , special fast track court who deals with petty offences and plea bargaining . Improving prison management should enhance where the prisoner should provide basic amenities like clean water , sanitization , medical facilities etc. 

Suggestion 

To improve the undertrial system, many practical reforms are needed. Prisoners should be classified based on the type of crime and possible punishment, and undertrials should be kept in separate facilities so they are not mixed with convicted criminals. Every undertrial must be given a lawyer on time, and an independent body should check the work of legal aid lawyers to make sure they do their job properly. Bail laws should become fairer by linking bail amounts to a person’s income, increasing the use of personal bonds, and avoiding unnecessary jail time for people who are poor. The law should be strictly followed so that anyone who has already spent half of the possible punishment in jail is released immediately, and bail should be treated as a right, not a privilege. 

After release, wrongly detained persons should receive proper compensation and support, with trained social workers helping prisoners and their families rebuild their lives. Old and unnecessary criminal laws should be removed, minor offences should be decriminalized, and more use should be made of probation instead of jail. At the same time, India needs many more judges, appointed regularly, so that cases are decided faster and justice is delivered without long delays.

Conclusion 

The problem of undertrial prisoners in India shows that the justice system still needs serious improvement. Many people suffer in jail for years without being found guilty, which harms their rights, dignity, families, and future. Although courts and the government have introduced important reforms, these laws must be properly followed in practice. If trials are made faster, legal help is strengthened, prisons are improved, and more judges are appointed, the situation can change. With honest effort and strong action, India can build a fair and humane justice system that protects the innocent, respects human rights, and gives every person hope for a better future. 

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National Human Rights Commission. (2024). Annual Report 2023-24. 

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1 The Hindu , 2025

2India Today , 2025

3 Central for Economic Data & Analysis