Delhi jails near 200% capacity as India's prison occupancy crosses 112%

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Uinon Minister of State for Home Affairs Bandi Sanjay Kumar furnished the latest NCRB data, which showed that prisons had a sanctioned capacity of 4,53,769 inmates but were housing 5,11,542 prisoners as on December 31, 2024.

IMAGE: Policemen on security duty outside Tihar Jail in New Delhi. Photograph: ANI Photo

India's prisons operated at 112.7 percent occupancy in 2024, with 609 jails housing more inmates than their sanctioned capacity and Delhi recording the highest occupancy rate of 194.6 percent, according to data tabled in the Rajya Sabha on Wednesday.

Key Points

  • The data showed that the inmate population exceeded the sanctioned capacity by 57,773, with prisons operating at 112.7 percent occupancy nationwide.
  • Among the states and Union Territories, Delhi had 19,512 inmates against a sanctioned capacity of 10,026, translating into 194.6 percent occupancy.
  • Among the states and Union Territories, Delhi had 19,512 inmates against a sanctioned capacity of 10,026, translating into 194.6 percent occupancy.

Replying to a question on prison occupancy, Uinon Minister of State for Home Affairs Bandi Sanjay Kumar furnished the latest National Crime Records Bureau (NCRB) data, which showed that prisons had a sanctioned capacity of 4,53,769 inmates but were housing 5,11,542 prisoners as on December 31, 2024.

The data showed that the inmate population exceeded the sanctioned capacity by 57,773, with prisons operating at 112.7 percent occupancy nationwide.

Among the states and Union Territories, Delhi had 19,512 inmates against a sanctioned capacity of 10,026, translating into 194.6 percent occupancy.

Meghalaya followed with 1,406 prisoners against a capacity of 860 (163.5 percent), while Jammu and Kashmir housed 5,383 inmates against a sanctioned capacity of 3,629 (148.3 percent).

 

Madhya Pradesh had 45,092 prisoners against a capacity of 30,644 (147.1 percent occupancy), while Maharashtra housed 39,003 inmates against 27,110 (143.9 percent).

Kerala reported 10,307 inmates against a capacity of 7,823 (131.8 percent), Punjab had 30,663 inmates against 26,543 (115.5 percent), while Uttar Pradesh, despite having the country's largest prison capacity of 76,162, housed 86,762 inmates, taking occupancy to 113.9 percent.

In response to another question on undertrial prisoners, the government informed the Rajya Sabha that there were 3,71,440 undertrial prisoners in the country as on December 31, 2024.

Of these, 968 undertrial prisoners were found eligible for release under Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)/Section 436A of the Code of Criminal Procedure, while 627 were actually released during the year.

Kumar said no specific reasons for the delay in releasing the remaining eligible undertrial prisoners had been reported by states and Union Territories to the ministry of home affairs.

He said prison administration and the management of prisoners fall under the State List of the Constitution, making it the responsibility of states and Union territories to expand prison infrastructure, address overcrowding and ensure timely release of eligible undertrial prisoners.

The Centre has released Rs 608.6 crore to states and Union Territories during the last five financial years under the modernisation of prisons project for construction of high-security prisons, strengthening prison security infrastructure and improving correctional administration through inmate skilling and rehabilitation initiatives.

On concerns relating to overcrowding and its impact on prisoners' rights, healthcare, legal aid and rehabilitation, the government said these matters primarily fall within the jurisdiction of states and Union territories.

It added that the ministry of home affairs has circulated the UN Standard Minimum Rules for the Treatment of Prisoners and the Model Prison Manual, 2016 to all states and UTs to promote humane prison conditions and strengthen prison administration, including medical care, legal aid, after-care and rehabilitation measures.