A significant portion of prisoners in India are undertrials, with 72.6% of the total prison population awaiting trial. This translates to nearly three in every four prisoners who have not been convicted. The national prison occupancy rate is 112.7%, indicating overcrowding.

The issue of undertrials is a pressing concern, with imprisonment often beginning before a court decides on guilt. Further details on this issue are available from the National Crime Records Bureau Prison Statistics India report.

The scale of the problem is highlighted by the total number of people in Indian jails, which stands at 5,11,542. The majority of these individuals are undertrials, awaiting a court decision on their guilt.