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    3 in 4 Prisoners in India Are Undertrials: What’s Delaying Justice?

    India’s jails are overcrowded with undertrial prisoners as courts grapple with a shortage of judges and rising case backlogs, delaying justice for lakhs.

    Sapna SinghSapna Singh
    Published: 27 May 2025, 04:41 AM
    5 min read
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    Updated: 07 Dec 2025, 09:20 PM

    Source: Times Indian DeskNews Desk

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    3 in 4 Prisoners in India Are Undertrials: What’s Delaying Justice?

    New Delhi: It is said that justice delayed is justice denied. But this delay in the courts of India has now become an endless story. From the Supreme Court to the lower courts, lakhs of cases are locked in files, as if it is an old book buried in the dust of time. Some are waiting for the verdict behind the bars of the jail, while some are spending their lives in the circle of court dates. Today we will tell about this judicial labyrinth, where figures, stories and hopes of reforms collide with each other on the path of justice.


    Prisoners serving unsentenced sentences


    Three out of every four prisoners in India's jails are undertrials, whose guilt has not yet been proven. According to the India Justice Report 2025, 76% of the prisoners in the country's jails are undertrials, with this figure reaching 90% in Delhi. The National Crime Records Bureau (NCRB) report for 2024 shows that prisons are filled to over 131% capacity, with over 5.5 lakh undertrials. Many prisoners have been awaiting trial for years, bringing their lives to a standstill behind prison bars. A study published in the Jus Corpus law journal said that the increase in the number of undertrials is due to inadequate legal aid and slow trial process.


    Supreme Court: The burden is heavy even at the top

    The Supreme Court has over 83,000 cases pending, many of which are of personal liberty and constitutional importance. According to the Indian Journal of Law and Justice, the Supreme Court has only 193 working days per year, which is insufficient to handle such a huge backlog. Recently, Chief Justice B.R. Gavai reprimanded the Allahabad High Court for postponing hearings 27 times, saying that 'delay in cases involving personal liberty is a violation of fundamental rights.' The 2025 report of the International Commission of Jurists (ICJ) suggests that increasing the number of judges in the Supreme Court and promoting digital hearings could provide some relief.


    High Court: 11 lakh cases pile up in Allahabad


    A total of 59.5 lakh cases are pending in the High Courts, with the Allahabad High Court topping the list with over 11 lakh cases. According to a study by the National Law School of India University (NLSIU), 3 lakh of these cases are older than 20 years. A BBC report said that the process of managing and listing files in the Allahabad High Court has 'completely collapsed.' A study by the Karnataka Judicial Academy said that the shortage of judges in the High Courts and the practice of frequently postponing hearings further aggravate the problem.


    Lower courts: Where justice is most stalled


    Over 4.46 crore cases are pending in lower courts across the country. An article in the Indiana International and Comparative Law Review said that the shortage of judges and outdated procedures in lower courts are the main reasons for this crisis. A case from 1972 in Delhi's Tis Hazari court and a case from 1956 in Rajasthan are still awaiting hearing. According to a report by Aaj Tak, more than 70,000 cases are older than 30 years. There are only 15 judges available per 10 lakh population, while the global standard is 50 judges. A research published in the CPJ Law Journal suggested that implementing digital case management systems in lower courts could save time.


    Why is the wheel of justice stalling?


    There are several reasons behind judicial lethargy:


    • Lack of judges: According to the State of the Judiciary report, 5,293 out of the 25,771 sanctioned judicial posts are vacant.


    • Limited working days: The Supreme Court works for 193 days, high courts for 210 days, and lower courts for 245 days.


    • Working pattern: Frequent adjournments, manual paperwork, and no digitisation of old records.


    • Lack of legal aid: The Jus Corpus law journal reported that poor and marginalised communities face long legal battles due to lack of free legal aid.


    • Lack of infrastructure: The Karnataka Judicial Academy report mentions that many lower courts do not have access to basic facilities such as computers and the internet.


    Social and economic impact

    The impact of pending cases is not just legal, but also social and economic. A study by NLSIU found that lengthy legal processes reduce people's trust in the judiciary and also affect economic growth, as property disputes and contract-related cases remain unresolved for years.


    What is the solution?


    • Recruitment of judges: The ICJ report suggested that vacancies be filled immediately and the number of judges be increased.


    • Digital revolution: The e-court project needs to be accelerated. The CPJ Law Journal said that digital case management systems can save up to 30% of time.


    • Lok Adalat and mediation: An article in law journals suggested that promoting alternative dispute resolution (ADR) mechanisms can reduce the burden on lower courts.


    • Reduction in holidays: A report by Dristy IAS said that reducing court holidays by 10-15 days can speed up the disposal of lakhs of cases.


    • Legal awareness:An article published in Jus Corpus emphasised that legal aid and awareness campaigns can reduce the number of undertrial prisoners.


    A ray of hope


    Under the leadership of the new Chief Justice B.R. Gavai, there is hope for judicial reforms. The Supreme Court has recently taken steps to promote digital hearings and e-filing. A study by the Karnataka Judicial Academy suggested that the use of Artificial Intelligence (AI) can speed up case management. Common people are also emphasizing that if the judiciary does not pick up the pace, the trust of the common citizen may waver.


    Will the courts of India be able to lighten this huge burden, or will the wait for justice remain an endless story? This question is in the mind of every person who has been standing at the doorstep of the court for decades.

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