In a disturbing revelation that exposes critical gaps in India's criminal justice system, hundreds of undertrial prisoners continue to languish in overcrowded jails despite courts granting them bail, with a recent report highlighting severe real-time data deficiencies as the primary culprit.
The Human Cost of Systemic Failure
A Mumbai-based woman exemplifies this tragic reality. Granted bail over five months ago by the Bombay High Court in a murder case, she remains trapped in Byculla jail, unable to complete bail formalities that require furnishing a personal bond of Rs 50,000 with sureties. Her case mirrors countless others where prisoners, having secured legal right to freedom, find themselves imprisoned by bureaucratic and financial hurdles.
The Supreme Court has taken serious note of this crisis, acting on a suo motu petition that highlighted instances where individuals remained incarcerated despite bail grants for amounts as minimal as Rs 5,000. The apex court specifically emphasized the need for immediate interventions by authorities including the District Legal Services Authority (DLSA).
Technology Promises Versus Ground Reality
In 2023, the Supreme Court directed that data be promptly updated on the e-prison software—operational across 1,300 jails nationwide—recording both bail grant dates and actual release dates. The system was designed to automatically flag cases where prisoners weren't released within seven days of bail approval, simultaneously alerting DLSA offices via email to investigate the delay.
However, prison officials confess that accurate, real-time data remains largely unavailable and isn't regularly updated on the e-prison platform. They attribute this failure to multiple challenges, primarily limited manpower within the prison department that struggles with overwhelming prisoner populations.
"Arthur Road jail houses over 3,500 prisoners against an official capacity of less than 1,000. Daily real-time data updation becomes practically impossible under such circumstances," explained a prison department official, speaking on condition of anonymity.
Overcrowded Prisons and Desperate Measures
The situation in Maharashtra alone highlights the scale of the problem. In 2022, then deputy chief minister Devendra Fadnavis disclosed that 1,641 inmates remained imprisoned despite bail grants, requiring legal and financial assistance for release.
A recent report titled "Legal Aid for Undertrial Prisoners: Report of the Fair Trial Programme in Pune and Nagpur" underscores the urgent need for establishing formal mechanisms to collate real-time data about such prisoners. The report emerges from the Fair Trial Fellowship program, initiated in 2019 through collaboration between the Maharashtra Government and Azim Premji Foundation, implemented via NALSAR's Square Circle Clinic.
This program has made significant strides, with fellows working with 4,649 prisoners and handling 5,783 cases since 2019. Yet, despite these efforts, many clients couldn't complete bail formalities even after receiving court approval.
Medha Deo, the program director, stressed the necessity for formal coordination mechanisms between courts and prison departments. "Social work fellows have provided last-mile coordination by reaching out to organizations for bail support, awaiting prisoners at jail gates upon release, and ensuring they understand court date obligations," Deo explained.
The Guilty Plea Dilemma
The report reveals another disturbing trend: undertrial prisoners increasingly opt to plead guilty as a desperate escape route from prolonged detention. Between the program's inception and August 2024, 134 detailed intervention clients pleaded guilty—53% from Nagpur and 47% from Pune—mostly in petty theft cases.
While this might appear as a "win-win" solution reducing case pendency and jail overcrowding while improving conviction rates, the report expresses serious concerns. This practice violates fundamental rights to fair trial, with undertrials often unaware of consequences, particularly under the Bharatiya Nyaya Sanhita (BNS) that enhances punishments for subsequent offenses.
An official involved in the process noted, "When informing undertrials about pleading guilty, we explain the consequences and that they'll have a 'convicted' record. However, overcrowded jail conditions and desperation for freedom often override long-term considerations."
The systemic failure affects most vulnerable prisoners who cannot arrange bail amounts or find sureties. DLSA officials described how UTRC meetings—attended by judges, DLSA secretaries, police and prison representatives—identify such prisoners and request reports on their financial conditions from NGOs or probation officers.
Even the Central Government's Support to Poor Prisoners scheme, with district collectors as nodal authorities for fund release, has proven cumbersome and slow, leaving hundreds trapped in a legal limbo that contradicts the very principle of "bail, not jail" that Indian courts consistently advocate.
