TL;DR India’s prisons are overcrowded largely because of undertrial prisoners awaiting trial rather than convicts. The number of undertrial prisoners has increased significantly over the past two decades, and they make up nearly three-fourths of all prisoners as of 2023. The share of undertrial prisoners continues to remain high, with large differences across states and disproportionate representation of certain social groups.

Context

India’s prisons are overcrowded because of a high share of undertrial prisoners. These are individuals who have been accused of crimes but have not yet been convicted. With the delay in the justice system, many undertrials remain behind bars for prolonged periods, contributing significantly to rising prison populations and pressure on existing infrastructure. Their growing share is a reflection of broader challenges in the criminal justice system, including slow investigations, prolonged court proceedings, and limited access to bail. In this story, we examine how the number and share of undertrial prisoners have changed over time, and what the data reveals about social and religious representation within India’s prison population.

Who compiles this data?
The primary source of official prison occupancy data in India is the “Prison Statistics India” report, which is compiled annually by the National Crime Records Bureau (NCRB). The NCRB collects information from prison departments in all States and Union Territories, including data about the number of inmates, capacity, occupancy rates and other related figures, and then publishes these figures in the annual report.

Where can I download clean & structured data related to prisons in India?

Clean, structured, and ready-to-use detailed prisons in India are available on Dataful. Dataful has comprehensive collections derived from the Prison Statistics India reports covering prison occupancy, budget and infrastructure, types of prisons, prisoner demography, Indian and foreign prisoners, undertrial populations, and state-wise trends compiled across multiple years.

Key Insights

• The number of undertrial prisoners in Indian prisons has risen sharply from 2.23 lakh in 2002 to 3.9 lakh in 2023. Although it fell by about 10% between 2022 and 2023 (from 4.34 lakh to 3.89 lakh), partly due to release measures such as Under Trial Review Committees, the long-term trend still shows a significant increase.

• Their share rose from 69.2% in 2002 to a peak of 77.1% in 2021 during the COVID-19 period when court proceedings slowed, and continued to remain high at 73.5% in 2023. In other words, as per the latest available official data, nearly three out of four prisoners are still awaiting trial.

• There are stark differences across states. In 2023, while Delhi, Bihar and Odisha had over 80% undertrials while states such as Madhya Pradesh (50.4%) and Kerala (61.1%) had much lower shares, indicating wide variation in the extent of pre-trial detention across the country.

• The share of OBC undertrials has risen significantly, from 29% in 2001 to 31.5% in 2013 and 38.5% in 2023, while the share of ‘Others’ declined from 31.8% to 28.1%. SCs accounted for about 22% of undertrials, and the share of STs has dropped slightly to 10.9%. In short, in 2023, roughly one in three undertrials was from the OBC category, one in three from SC/ST communities combined, and the remaining from the ‘Others’ category.

• The share of Hindu undertrials has remained at around 70%, increasing slightly from 66.9% in 2001 to 69% in 2013 and 70.9% in 2023, while the share of Muslim undertrials declined from 24.1% in 2001 to 20.1% in 2023. Share of Christians among undertrials is around 2–4%, while the share of Sikhs has increased modestly from 3.3% to 5.3%. Data indicate a higher share of Muslims and Sikhs among the undertrials in prisons, compared to their population share.  

Why does it matter?
A high share of undertrial prisoners raises serious concerns about justice, prison conditions, and the functioning of courts. Many individuals spend months or years in prison without being convicted, often because of delays in investigations, slow court processes, or an inability to secure bail. This not only overcrowds prisons and strains public resources, but also raises questions about fairness and access to justice, particularly for socially and economically vulnerable groups who are disproportionately represented among undertrials. Prolonged confinement can also take a serious toll on mental health. According to NCRB data, in 2023 alone, nearly 5,300 undertrial prisoners were reported to be suffering from mental illness.

Key Numbers

• Undertrials: 3.9 lakh (2023) | ↑ from 2.23 lakh (2002)
    ↓ 10% since 2022 (4.34 lakh → 3.89 lakh)

• Share of undertrials in prisoners: 73.5% undertrials (2023) | ↑ from 69.2% (2002). Peak: 77.1% in 2021 (COVID-19 court disruptions)

• State-level variation (2023):
    >80%: Delhi | Bihar | Odisha
    Lower shares: Madhya Pradesh 50.4% | Kerala 61.1%

• Caste composition (2023):
    OBC: 38.5% | SC: 22.4% | ST: 10.9% | Others: 28.1%

• Religion (2023):
    Hindu: 70.9% | Muslim: 20.1% | Sikh: 5.3% | Christian: ~3%