A major observation by Supreme Court Justice Vikram Nath has reignited debate on India’s criminal justice system. Speaking at a recent legal event, Justice Nath revealed that nearly 70% of India’s prison population consists of undertrial prisoners i.e. people who have not yet been found guilty, but continue to remain behind bars while awaiting trial.
Calling it a “serious concern”, Justice Nath stressed the urgent need to strengthen legal aid, streamline judicial processes, and reform undertrial detention procedures.
A System Under Strain
According to data referred to by Justice Nath, a significant majority of inmates are not serving court-awarded sentences but are instead caught in prolonged legal proceedings. Many remain incarcerated for years due to:
Slow-moving court processes.
Inadequate legal representation.
Inability to afford bail.
Overburdened judiciary and investigation delays.
This trend disproportionately affects individuals from economically weaker and marginalized communities.
The Human Cost of Delay
Justice Nath pointed out that prolonged detention without conviction violates the constitutional guarantee of personal liberty under Article 21.
“When a person remains in jail for longer than the punishment they would have received if found guilty, the system fails them. This is not just a legal issue, it is a human issue,” he emphasized.
Call for Reform
The Supreme Court judge urged state legal services authorities, police departments, and lower courts to ensure:
Timely hearings
Efficient bail procedures
Effective legal aid for those who cannot afford lawyers
Periodic review of undertrial cases
He also suggested expanding fast-track courts and leveraging technology to reduce pendency.
Numbers Paint a Stark Picture
As per the latest National Crime Records Bureau (NCRB) data:
Parameter Value
Total Prison Population ~5.6 lakh
Undertrial Prisoners ~70%
Convicted Prisoners ~30%
This means over 3.9 lakh inmates are undertrials, many waiting for their first full hearing.
The Road Ahead
Legal experts say that while reforms have been discussed for years, implementation remains the key challenge. Justice Nath’s remarks have renewed calls for:
Greater accountability
Simplified bail norms
Regular judicial monitoring of detention
As the debate gains traction, it highlights a central question:
Can a justice system be considered fair if its process itself becomes punishment?
The coming months will reveal whether Justice Nath’s concerns translate into actionable reform or remain yet another reminder of a longstanding crisis.
