26-07-2025
Delhi Prisons: Overcapacity And Staff Shortages Persist
New Delhi: To reduce the pressure on overcrowded jails, prisoners undergoing trials are often released on bail. Between 2019 and June this year, 5,197 undertrial prisoners were released from Delhi jails on the recommendation of the Undertrial Review Committee (UTRC) in this manner.
UTRC reviews cases of prisoners to ensure they do not remain in jail for long. The system was established on the order of the Supreme Court in 2015. Each district-level committee is headed by the district and sessions judge, with the district magistrate, superintendent of police and secretary of the District Legal Services Authority as members.
The District Legal Services Authority (DLSA) plays a pivotal role in this regard.
The identification of undertrial prisoners is carried out by legal aid clinics established by Delhi State Legal Services Authority (DSLSA) in the city's 16 jails. The jail authorities send the details of undertrial prisoners eligible for bail to the DLSAs and DLSA advocates interact daily with the inmates. Each DLSA creates a list of inmates after verification and convenes the meeting of UTRC every quarter.
On the basis of recommendations of UTRC, DLSAs provide free legal aid to all willing inmates to move applications for release in
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"Through a robust mechanism for identification of eligible undertrial prisoners through UTRCs and ensuring their applications, including for bail or modification of bail conditions, before the trial courts or appellate court, DLSAs ensure legal representation to all inmates," said Rajeev Bansal, member secretary, DSLSA.
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DSLSA regularly holds meeting to monitor accurate identification of the undertrials under the aegis of National Legal Services Authority, said Abhinav Pandey, secretary (litigation), DSLSA. He explained that the Supreme Court had listed 14 categories of prisoners who could be released while NALSA had identified two categories.
However, senior advocate HS Phoolka told TOI, "Releasing prisoners who are harmless to society can be released, but not repeat offenders.
Trials are long and delayed, so the number of undertrial prisoners keep increasing. But I have seen cases where persons involved in 15/16 cases are released on bail and within months they commit another offence."
According to the India Justice Report 2025, undertrial prisoners now make up 76% of the jail population in the country, up from 66% in 2012. As for jails in Delhi, the correctional facilities have reported 170% occupancy since 2012.
In 2022, 15% of the jails had occupancy rates of over 250%. There was an overall prison staff shortfall of 27% with the city also showing the country's highest correctional staff vacancies (60%) and prison officers' vacancies (34%).
There were 90 doctors for 18,000 prisoners, averaging 206 prisoners per doctor in Delhi jails. Despite being equipped with 100% video conferencing facilities, the over-reliance on incarceration, especially of undertrial prisoners, continues to clog the system, the report pointed out.
Another report tabled in the Delhi Assembly earlier this year revealed that the 16 city jails with an original capacity of 10,085 prisoners housed around 19,000 prisoners. According to the report, in March, Tihar's Jail No. 1 held 2,436 inmates against its capacity of 565. Similarly, Jail No. 4, designed for 740 inmates, was home to 3,244. Only some jails had lower than capacity occupation. Of Mandoli's six jails, three were not fully occupied, with Jail No.
15, designated for high-security prisoners, holding 108 inmates against a capacity of 248. The number of undertrial prisoners is nearly eight times that of convicted inmates, with 17,118 undertrials at the end of 2024 compared with 2,235 convicted individuals.
In March, chief minister Rekha Gupta announced plans to shift Tihar Jail to the outskirts and allocated Rs 10 crore in the 2025-26 budget for survey and consultancy related to the shift.
Tihar Jail is one of India's largest prison complexes, established in 1958, comprising nine prisons spread over more than 400 acres.
Calling the cramming of the city jails with undertrials a problem that needs to be dealt with in a holistic manner, senior advocate Pramod Kumar Dubey said, "It is linked with various other factors, such as judicial infrastructure, working of police and the courts. Govt needs to frame policies that can lower the burden of courts."
