Prisons in India continue to be overcrowded by undertrials | Data

While the latest Prison Statistics report released by the National Crime Records Bureau show that the occupancy rate in Indian jails fell to a decade-low of 112.7% in 2024, data shows that overcrowding remains a persisting problem in Indian prisons driven largely by a high share of undertrials. The report also highlighted other concerns such as insufficient capacity expansion and high levels of staff vacancies.

In more than half of the States/Union Territories (UTs) in India, prisons continue to operate beyond their sanctioned capacity. At the end of 2024, the country had about 1,333 jails with a capacity of 4.53 lakh inmates. However, with an inmate population of over 5.11 lakh, prisons continued to be overcrowded.

A Parliamentary Committee report, titled ‘Prison– Conditions, Infrastructure and Reforms’, noted that overcrowding strains resources, compromises living standards, increases tensions among inmates and limits their access to healthcare and rehabilitation facilities. It also recommended various measures such as the constructions of new buildings, barracks and prisons, transfers to other jails and free legal aid.

While the total number of jails remained lower than the pre-pandemic period, prison capacity has increased by 24% between 2015 and 2024 largely due to renovations and expansions which were carried out across 2,268 prisons in this period. Over 120 prisons were newly constructed in these years.

Though overall capacity has improved modestly, several States are yet to catch up. A Statewise analysis shows that more than half of the States had an occupancy rate of over 100% in 2024. Delhi recorded the highest occupancy rate in the country at 194% in 2024, much like the previous year when its occupancy rate stood at 200%.

Other major States/UTs which saw high occupancy rates include Jammu and Kashmir, where occupancy rates increased from a mere 78% in 2015 to over 148% in 2023 and 2024.

However, the levels have relatively reduced in States such as Uttar Pradesh and Chhattisgarh which had previously registered higher occupancy rates. For instance, Chhattisgarh registered an occupancy rate of 234% in 2015. As per the latest report, this figure has decreased to 127.6%.

This problem of overcrowded prisons can be attributed to the disproportionately higher share of undertrials — who accounted for about 73% of the total inmate population in 2024.

While this is much lower than in 2021, when the undertrial population in prison peaked at about 77%, this is still higher than pre-COVID periods. On the other hand, the share of convicts in prisons reduced from about 32% in 2016 to 26.6% in 2024.

A Statewise analysis shows that in about 14 States/UTs, the share of undertrials is higher than the all India average.

With over 87% of its inmates being undertrials, Delhi and Bihar were the two major States/UTs to have the highest share of undertrial population in its prisons.

Further, the Parliamentary Standing Committee on Home Affairs also expressed concern that the high levels of staff vacancies has become the most neglected part of prison administration. States/UTs such as Delhi and Jammu which registered higher occupancy rates and a higher share of undertrials also had a higher share of staff vacancies. Almost half of the sanctioned posts remained vacant in about 8 States/UTs. At least 60% of its sanctioned prison staff remained vacant in Delhi and Jammu and Kashmir.