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VOL. 8, ISSUE 2 (2026)
Overcrowding and the under trial crisis in Indian prisons: A criminological analysis of structural failures
Authors
Krithik C S, Dr. Aruna Kammila
Abstract
The problem of overcrowding and the rising
number of under trial prisoners has become one of the most critical challenges
within the Indian prison system. This study examines the structural and
institutional factors responsible for prison overcrowding and the prolonged
detention of under trial inmates from a criminological perspective. In India,
the percentage of under trial prisoners is considerable because they take a
long time to be investigated, the judicial system is slow, they lack access to
an attorney, and they do not have ready access to bail. These circumstances put
great strain on the prison infrastructure and in most cases lead to poor living
conditions, lack of proper healthcare and also high rates of custodial violence
and human rights abuse are experienced. The study has a doctrinal approach,
which is founded on secondary sources such as books, research papers,
governmental reports, and legal texts retrieved in academic databases and
official publications. The research examines the constitutional protections
that are designed to guard the rights of the prisoners in India; they include
the right to life, equality before the law, safeguard against arbitrary
detention, and right to legal aid. It also assesses the effectiveness of
judiciary, human rights body and reform committees in enhancing administration
in prisons and humane treatment of prisoners. The results indicate that they
need to implement effective corrections, accelerate the process of judicial
operations, enhance infrastructure, and more efficient rehabilitation programs
to resolve the under trial crisis. Increasing institutional responsibility and
instituting reform-based policies may assist in turning prisons into
correctional facilities that would facilitate rehabilitation and reintegration.
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Pages:67-72
How to cite this article:
Krithik C S, Dr. Aruna Kammila "Overcrowding and the under trial crisis in Indian prisons: A criminological analysis of structural failures". International Journal of Law, Policy and Social Review, Vol 8, Issue 2, 2026, Pages 67-72
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