Supreme Court Justice Vikram Nath revealed on Friday that over 70% of India's prison population has not yet been found guilty. He called for urgent reforms in legal aid and how the system handles undertrial detention. Justice Nath highlighted that many prisoners remain behind bars not because the law demands it, but due to systemic failures within the justice system.^[1][2][3] ### India's Undertrial Crisis Justice Nath made his remarks at NALSAR University of Law in Hyderabad during the release of a report by the Square Circle Clinic's Fair Trial Programme. He pointed out that some undertrials have already spent more time in prison than the maximum sentence for the very offense they are accused of. Many individuals charged with bailable offenses also stay in custody simply because they cannot afford bail.^[1][2][3] The Supreme Court judge stressed that legal aid must be both available and effective. He noted that many prisoners are unaware of their right to legal aid. Even those who know often distrust the system, preferring to hire private lawyers they cannot afford, believing it will yield better results than free legal assistance. This lack of trust, Justice Nath explained, defeats the constitutional promise of liberty and dignity.^[1][2][3][4] National Crime Records Bureau (NCRB) data from 2022 shows that undertrials make up 75.8% of India's total prison population. This amounts to 4,34,302 out of 5,73,220 prisoners. By April 2025, the proportion of undertrials had slightly reduced to 74%, but still represented a significant majority.^[5][6][7][8] ### Overcrowding and Vulnerable Groups Indian prisons face severe overcrowding. A Supreme Court Centre for Research and Planning report indicated that prisons operate at 131% occupancy, holding 573,220 inmates against a capacity of 436,266 in 2022. While the overall occupancy rate improved to 121% by 2023, the issue remains critical.^[5][6][8] The challenges are particularly acute for vulnerable groups. Women, transgender persons, individuals with mental health concerns, and those from marginalized communities face compounded injustices within the criminal justice system. A report by the Square Circle Clinic highlighted that 67.6% of the undertrials covered in their program belonged to disadvantaged caste groups.^[3][9][4] Youth also form a large segment of undertrial prisoners. Nearly half, specifically 49%, of India's undertrial prisoners are aged between 18 and 30 years, according to 2023 NCRB data. This proportion has remained consistently high over the last decade.^[6][7] ### Systemic Failures and Calls for Reform The report released by NALSAR's Square Circle Clinic also revealed disturbing findings from their work with over 5,000 cases between 2019 and 2024. It found that 41.3% of the accused had no lawyer assigned for trial when they were taken into custody. Additionally, 77% had no contact with their families, often abandoned after being accused of a crime.^[9] Many undertrials lack basic necessities for their defense. The report stated that 51% of them had no documents needed to pursue their trial and proceedings. This further complicates their ability to secure bail or present an effective defense, leading to prolonged detention.^[9] Justice Nath emphasized that the current legal aid system often functions in disconnected silos. Courts, prisons, and legal services authorities frequently work separately. This fragmented approach leaves poor and vulnerable individuals without continuous and accountable representation. He urged for integrated coordination among these bodies to ensure that legal representation is truly effective, not just nominally provided.^[3][4] The Supreme Court has previously highlighted the "inhuman conditions" in prisons and the need to identify and release eligible undertrials. In 2024, the court reiterated the urgency of implementing provisions for the release of first-time offenders, stating that justice must reach the "last person" in the system.^[5][10] Justice Nath called for comprehensive national and state-level databases to track undertrial prisoners from arrest to the final disposition of their cases. He stated that such data, disaggregated by caste, religion, gender, economic status, health, and duration of detention, is crucial for achieving meaningful reform. Without accurate data, he believes, the system cannot address its deep-rooted issues.^[4]