India Justice Report (IJR) 2025

The India Justice Report (IJR) 2025 has once again spotlighted the severe overcrowding in Indian prisons, the growing number of undertrial prisoners, and the persistent shortfalls in judicial, legal aid, and prison reforms. This is especially alarming as it comes amidst global scrutiny of India’s prison conditions, which has even impacted high-profile extradition cases.

Notably, two jails in Delhi's Tihar complex are operating at over 400% capacity, and across India, undertrials form 76% of the prison population, raising constitutional and human rights concerns.

Key Findings of the India Justice Report 2025 (IJR 2025)

• Overcrowding and Infrastructure Crisis
  • 176 prisons have an occupancy rate of over 200%.
  • 12 prisons are running at 400% capacity or more.
  • Tihar Jail’s Central Jails 1 and 4 have occupancy rates of 411% and 467%, respectively.
  • National average prison overcrowding stands at 131%.
  • Only 68% of inmates have access to adequate sleeping space.
• Undertrial Crisis: Undertrial inmates form 76% of the total prison population — the highest ever. In Delhi, undertrials make up 91% of the jail population. In 6 states and UTs, more than half the inmates have been in jail for over 3 years. Trial pendency is highest in Bihar (71%), followed by West Bengal and Odisha.
• Legal Aid Gaps: 38% drop in paralegal volunteers since 2019. Despite new schemes like Legal Aid Defence Counsel (LADC) and jail clinics, resource allocation for community-based interventions is shrinking. Haryana showed the most improvement in legal aid delivery.
• Judicial Infrastructure and Human Resource Deficit: India has only 15 judges per million people (against the Law Commission's 1987 recommendation of 50). Vacancies in lower judiciary are a key factor in trial delays and undertrial incarceration.
• Budget Utilisation Paradox: Prison budget allocation increased by 156%, and budget for prisoners by 192% in the last decade. Per day expenditure per prisoner increased from Rs 62 to Rs 121. Despite this, fund utilisation is poor, and infrastructure has not kept pace with rising demand.

What Does the IJR 2025 Tell Us About Indian Prisons?

• Chronic Overcrowding, a Structural Problem: The persistent overcrowding of jails is not just a symptom of crime, but a failure of legal processes, administrative delays, and judicial vacancies. The absence of effective bail systems, and lack of fast-track courts for petty offences, exacerbates this.
• Undertrials:  The fact that 3 out of every 4 inmates are undertrials — presumed innocent in law — reflects a grave miscarriage of justice. This raises ethical, legal, and constitutional questions, particularly under Article 21 (Right to Life and Liberty).
• Legal Aid Mechanism is Uneven and Underperforming: While initiatives like LADC systems and Lok Adalats are commendable, the erosion of paralegal and community legal networks shows a disconnect between policy vision and on-ground implementation.
• Poor Prison Conditions Affect Diplomacy and Human Rights Image: As noted by former SC judge Justice Lokur, India’s poor prison conditions are cited in foreign courts to block extraditions — this has serious implications for transnational justice and India's international credibility.
• Budget Increases Without Outcome-Focus is Futile: The near doubling of prisoner-related expenditure hasn't led to better living standards or rehabilitation programs. This points to poor planning, lack of monitoring, and absence of accountability in the prison administration system.
• Gender & Diversity Improvements Are Welcome but Not Sufficient: Progress like a rise in women in policing and judiciary (38%) is notable. But the absence of adequate infrastructure, such as women’s help desks in all stations, separate facilities in jails, or rehabilitation for marginalized groups, makes such progress fragile.