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Guilty Until Proven Innocent: Is India's Undertrial Problem Getting Worse?

Latest NCRB data on Prison Statistics show undertrials comprise 76 percent of inmates, up from 69 percent in 2019.

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The Indian criminal justice system is plagued by apathy, indifference, and injustice. This story is part of The Quint's effort to ensure that we gain a better understanding of some of the systemic problems in it and go beyond mere statistics. Support our Special Project India's Criminal (In)justice System for us to continue our endeavour. This is your chance to support independent journalism – and help us do stories that are brave and relevant.

Imagine being a person merely accused of a crime – presumably innocent – stuck in an overcrowded prison in the middle of a raging pandemic.

This was the reality of more than 3.7 lakh people in India. With the on-set of a global pandemic, when one would expect public health reasons to accelerate justice needs and release anyone who should not be in prison, we instead saw the sharpest increase in over 2 decades – the undertrial population rose by 11.7 percent in 2020, according to the latest statistics from the National Crime Records Bureau.

Undertrials therefore now comprise nearly 76 percent of prison inmates in 2020, up from 69 percent the year before.

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