Rank	State/UT	Estimated Undertrial Prisoners (2025)
1	Uttar Pradesh	110,000
2	Bihar	60,000
3	Maharashtra	34,000
4	Madhya Pradesh	30,000
5	Tamil Nadu	28,000
6	West Bengal	25,000
7	Andhra Pradesh	20,000
8	Karnataka	18,000
9	Gujarat	17,000
10	Rajasthan	16,000
11	Telangana	15,000
12	Odisha	14,000
13	Punjab	12,000
14	Haryana	10,000
15	Jharkhand	9,000
16	Delhi	8,500
17	Kerala	7,500
18	Chhattisgarh	7,000
19	Assam	6,500
20	Uttarakhand	4,000
21	Himachal Pradesh	2,500
22	Jammu and Kashmir	2,000
23	Tripura	1,500
24	Manipur	1,200
25	Goa	800
26	Chandigarh	600
27	Puducherry	400
28	Andaman and Nicobar Islands	200
29	Arunachal Pradesh	150
30	Meghalaya	150
31	Mizoram	150
32	Nagaland	150
33	Sikkim	100
34	DNHDD	100
35	Ladakh	50
36	Lakshadweep	50

Undertrial prisoners in India, individuals detained while awaiting trial, pose a significant challenge to the nation’s justice system.

These persons, often presumed innocent until proven guilty, languish in overcrowded jails, sometimes for years, due to trial delays and an inefficient legal framework.

This article examines the estimated ranking of undertrial prisoners across India’s 28 states and 8 Union Territories (UTs) for 2025, detailing the statistics, elucidating why certain states have a disproportionately high number of undertrials, and investigating the underlying causes of this crisis.

The estimates are derived from the National Crime Records Bureau’s (NCRB) 2023 Prison Statistics India (PSI) report, recent trends, and preliminary projections for 2025, as comprehensive data for that year will not be available until mid-2026.

The 2025 estimate suggests that India’s undertrial population stands at approximately 439,000, constituting about 76% of the total 577,000 prisoners.

Uttar Pradesh leads the list with 110,000 undertrials, followed by Bihar (60,000) and Maharashtra (34,000). Madhya Pradesh and Tamil Nadu follow with 30,000 and 28,000, respectively.

Conversely, smaller UTs such as Lakshadweep, Ladakh, and Dadra and Nagar Haveli and Daman and Diu (DNHDD) report only 50–100 each.

These figures indicate a 4% increase from the 2023 count of 422,238 undertrials, attributed to rising crime rates (up 7.2% in 2023 to 448.3 crimes per lakh population) and ongoing judicial backlogs.

Why do certain states have a high number of undertrials while others have very few? Let us explore the reasons.

Why Are There Significant Variations Among States?

Uttar Pradesh and Bihar: Overcrowded and Overwhelmed

Uttar Pradesh, housing 110,000 undertrials, bears the greatest burden. With a vast population exceeding 230 million and a high crime rate (3.6 lakh crimes reported in 2023), the state experiences a higher number of arrests and individuals awaiting trial.

The prisons in this state operate at 184% of their intended capacity, accommodating 1.2 lakh inmates in facilities designed for 65,000.

This severe overcrowding hampers the judicial process—courts struggle to keep pace, resulting in prolonged detention for undertrials.

Similarly, Bihar, with 60,000 undertrials, encounters comparable challenges. Its population of 104 million and an increase in crime (6.3% rise in 2023) inundate jails, which are operating at 140% over capacity.

A significant number of undertrials in Bihar come from economically disadvantaged backgrounds, unable to secure bail or legal assistance, leaving them incarcerated for extended periods.

Maharashtra, Madhya Pradesh, and Tamil Nadu: Urban and Rural Pressures

Maharashtra’s 34,000 undertrials are indicative of its urban centers such as Mumbai and Pune, where organized crime, theft, and drug-related offenses result in frequent arrests.

The state’s total prison population of 60,000 (with a 126% overcrowding rate) places immense pressure on facilities, causing delays in trial proceedings.

Madhya Pradesh (30,000 undertrials) and Tamil Nadu (28,000 undertrials) face a combination of urban and rural issues.

In Madhya Pradesh, tribal regions report arrests linked to land disputes, while the busy courts in Chennai, Tamil Nadu, grapple with backlogs stemming from property and violent crime cases.

Both states have prisons operating at 120–130% capacity, with undertrials constituting 70–80% of the inmate population.

Smaller States and Union Territories: Low Numbers, Low Pressure

Lakshadweep (50), Ladakh (50), and DNHDD (100) maintain minimal undertrial populations. What accounts for this?

These regions possess small populations (Lakshadweep: 64,000; Ladakh: 290,000) and lower crime rates.

For instance, Lakshadweep recorded only 30 crimes in 2023, resulting in few arrests and even fewer undertrials.

Likewise, Sikkim (100) and Mizoram (150) enjoy stable communities and reduced urban pressures, which help keep jail populations low.

These areas also have fewer courts, but their limited caseloads prevent significant backlogs.

What is Causing the Undertrial Crisis?

A variety of factors contribute to the high number of undertrials in India and the continuous increase in these figures.

Court Backlogs and Delayed Justice

The Indian judiciary is burdened with a significant backlog, with over 5 crore cases pending as of 2023, which includes 1.7 crore criminal cases. With merely 21,000 judges available (one judge for every 50,000 individuals), the pace of trials is exceedingly slow.

In Uttar Pradesh, a single judge may be responsible for as many as 2,000 cases, resulting in delays ranging from 2 to 5 years for standard trials.

Undertrials, particularly in minor offenses such as theft or altercations, frequently spend more time in detention than the maximum sentence they would receive if convicted.

Economic Hardship and Insufficient Legal Assistance

A significant number of undertrials are unable to pay for bail or legal representation.

In Bihar, for instance, 60% of undertrials originate from marginalized communities—Dalits, tribal groups, or economically disadvantaged individuals—who do not have the financial means for legal defense.

Although the Legal Services Authorities Act offers free legal representation, only 15% of undertrials are able to obtain adequate assistance due to insufficient funding for these programs.

This situation results in individuals remaining incarcerated, even for offenses that are bailable.

Overcrowding and Law Enforcement Pressure

As of 2023, prisons are operating at 120.1% of their capacity, exacerbating the already dire conditions.

For example, jails in Uttar Pradesh are nearly double their intended capacity, leading to neglect and health complications for inmates.

Law enforcement agencies, facing pressure to resolve cases (with only a 47% conviction rate in 2023), tend to make broad arrests, which increases the number of undertrials.

In Maharashtra, operations against drug trafficking and gang activities contribute thousands of new inmates each year.

Social and Regional Influences

Communities that are marginalized experience a disproportionately high rate of arrests.

In Jharkhand, for example, there are 9,000 undertrials, with tribal protests regarding land rights frequently resulting in mass arrests.

In Delhi, where there are 8,500 undertrials, urban crimes such as cyber fraud have led to a surge in arrests.

Female undertrials, who make up 4% of the total (approximately 17,500 individuals), encounter additional challenges, as only 18% of prisons provide separate facilities for women, which delays the processing of their cases.

Are the Numbers Accurate?

These estimates are based on the NCRB’s 2023 data, which indicates 422,238 undertrials, and they project a 4% increase for 2025, taking into account crime and population growth.

However, there are notable gaps. Underreporting in rural regions, such as the tribal areas of Bihar, may conceal certain cases, while initiatives like the introduction of 1,500 fast-track courts in 2024 could lead to a slight decrease in these numbers.

The total of 439,000 is consistent with existing trends, as undertrials typically represent 75–76% of the prison population.

The complete data for 2025, once published, may revise these estimates by ±5%.

Fixing the Problem

To effectively reduce the number of undertrials, decisive measures are required.

While fast-track courts are beneficial, India requires an additional 10,000 judges to address the existing backlogs. Enhancing legal aid, particularly in states such as Bihar and Uttar Pradesh, would assist individuals who are detained for bailable offenses.

Implementing bail reforms, such as the automatic release of individuals charged with minor offenses after a period of 6 months, could potentially decrease the prison population by 20%.

Improving prison infrastructure is also crucial—Uttar Pradesh, for instance, needs an additional 50,000 jail spaces to alleviate overcrowding.

Lastly, addressing issues of poverty and social unrest could contribute to a reduction in arrests in regions like Jharkhand.

Source

• National Crime Records Bureau. (2023). Crime in India 2023. Ministry of Home Affairs, Government of India.
• National Human Rights Commission. (2024). Annual Report 2023-24. Government of India.