SRINAGAR: More than 2,400 undertrial prisoners in Jammu and Kashmir have been lodged in jails for over two years, including 275 who have spent more than five years awaiting trial or bail, according to data placed in the Rajya Sabha by the Union Government on April 2, 2026.
The figures, compiled by the National Crime Records Bureau (NCRB) for the year 2023, show that 827 undertrial prisoners in the Union Territory have been confined for one to two years, while 1,388 have spent between two to five years in jail. A further 275 inmates have remained behind bars for more than five years.
The data was shared in response to an unstarred question by Leader of Opposition Mallikarjun Kharge, with Minister of State for Law and Justice Arjun Ram Meghwal stating that prison administration remains a State subject under the Constitution, though the Centre continues to extend support.
At the national level, the government said it does not maintain aggregate data on the pendency or disposal time of bail applications through the National Judicial Data Grid, indicating a lack of centralized tracking of bail delays.
To address prolonged detention of undertrials, the Centre has rolled out several measures, including a scheme to provide financial assistance of up to Rs 1 lakh for poor prisoners unable to secure bail. The scheme, implemented with a budgetary outlay of Rs 20 crore over three years from 2023-24 to 2025-26, aims to streamline bail processes and reduce incarceration due to financial constraints.
Additionally, the National Legal Services Authority has operationalised Under Trial Review Committees (UTRCs) across districts to periodically review cases of eligible prisoners. Government data shows that between 2023 and 2025, over 1.67 lakh inmates were recommended for release, of whom more than 82,000 were actually released following these reviews.
The government also highlighted provisions under the Bharatiya Nagarik Suraksha Sanhita (BNSS), which mandate the release of undertrial prisoners on bail if they have served half of the maximum prescribed sentence for offences not punishable by death or life imprisonment. First-time offenders are eligible for release after serving one-third of the maximum sentence.
