Prisons in India


Prisons in India are mainly categorised as central, district and sub-jails. While these jails handle most long-term and short-term inmates, there are five other types of jails including for women and Borstal schools. There are 1332 prisons in India as of end-2023, up from 1319 in 2021, with a total capacity to house 4,39,119 prisoners. Rajasthan has the highest number of prisons, while Uttar Pradesh reported the highest capacity.
In 2023, the total number of prisoners nationwide was 5,30,333. 73.5% of all prisoners were undertrials, 25.6% were convicts, while 0.7% were detenues.
After the COVID-19 pandemic, the number of prisoners increased 13% from 2020 to 2021, making over 80% of the prisons overcrowded. After a Supreme Court order, a number of prisoners were released in 2020 to decongest the jails in view of the pandemic, reducing the overall prison occupancy in 20 states and two Union Territories to a little over 93%. However, the occupancy rate increased to 130% again by 2021, before dropping to 120.8% in 2023. End-2023 occupancy rates ranged from 200.2% in Delhi to 4.7% in Lakshadweep. Among the major states, Rajasthan, Andhra Pradesh, Tamil Nadu, Odisha and Telangana reported less than 100% occupancy.
Indian jails are overcrowded and eight out of ten prisoners await trial. In 2023, 150 unnatural deaths took place in Indian prisons, including 96 suicides, down from 185 in 2021.

Background

Prisons, and their administration, is a state subject covered by item 4 under the State List in the Seventh Schedule of the Constitution of India. The management and administration of prisons falls exclusively in the domain of the State governments, and is governed by the Prisons Act, 1894 and the Prison manuals of the respective state governments. Thus, the states have the primary role, responsibility and authority to change the current prison laws, rules and regulations. The Central Government provides assistance to the states to improve security in prisons, for the repair and renovation of old prisons, medical facilities, development of borstal schools, facilities to women offenders, vocational training, modernization of prison industries, training to prison personnel, and for the creation of high security enclosures.
The Supreme Court of India, in its judgements on various aspects of prison administration, has laid down 3 broad principles regarding imprisonment and custody. First, a person in prison does not become a non-person. Second, a person in prison is entitled to all human rights within the limitations of imprisonment. Third, there is no justification for aggravating the suffering already inherent in the process of incarceration.
According to 2021 National Crime Records Bureau data, Indian prison population had 77% undertrials, while only 22% convicts, with almost half of the undertrials in prison for more than 2 years. Out of 5,54,000 prisoners, 4,27,000 were awaiting trial, out of which 24,033 undertrials were already in jail for three to five years. The occupancy rate of prisons was 130%. At the end of 2023, this had slightly improved to 73.5% undertrials and 25.6% convicts, with an occupancy of 120.8%.

Prisons management and administration

Prison administration in India is a state subject under the Seventh Schedule of the Constitution, meaning each state is responsible for the management and regulation of its own prisons and correctional institutions.
The overall responsibility lies with the respective State Governments, under the administrative control of the Home Department.
The prisons department is responsible for the custody, care, rehabilitation, and reintegration of offenders.
The Director General of Prisons heads the state prison department, usually an officer from the Indian Police Service of the rank of DGP or ADGP, supported by Additional DGs, Inspectors General of Prisons, Deputy IGs of Prisons, and Superintendents of Prisons.
Individual jails and correctional facilities are managed by Superintendents of Prisons, assisted by Deputy Superintendents, Assistant Superintendents, and Jailors. Warder staff, including Head Warders and Warders, form the frontline personnel responsible for day-to-day security and inmate management.

Hierarchy

The nomenclature and designations varies state to state;

Types of prisons

Prison establishments in India exist at three levels—the taluka level, district level, and central level. The jails in these levels are called Sub Jails, District Jails, and Central Jails respectively. In general, the infrastructure, security, and prisoner facilities such as medical, educational and rehabilitation are progressively better from Sub jail to Central Jail. The other types of jail establishments are Women Jails, Borstal Schools, Open Jails and Special Jails. The following table shows the number of jails and available capacity across India as on 31 December 2023:
TypeNumberAvailable capacityOccupancy rate
Central Jails152198,150120.7
District Jails436172,074136.6
Sub Jails54943,80087.3
Women Jails357,08660.6
Borstal Schools101,18036.1
Open Jails1017,20163.7
Special Jails479,06592.3
Other Jails256347.6
Total1,332439,119120.8

Central jail

The criteria for a jail to be categorised as a Central Jail varies from state to state. However, the common feature observed throughout India is that prisoners sentenced to imprisonment for a long period are confined in the Central Jails, which have larger capacity in comparison to other jails. These jails also have rehabilitation facilities.
Delhi has the highest number of Central Jails, followed by Madhya Pradesh, Punjab, Maharashtra, Rajasthan and Tamil Nadu, and Bihar, Karnataka and West Bengal.
Arunachal Pradesh, Meghalaya, Andaman and Nicobar Islands, Dadra and Nagar Haveli, Daman and Diu, Ladakh and Lakshadweep do not have any Central Jails.

District jail

District jails serve as the main prisons in states and union territories where there are no Central Jails.
States which have considerable number of District Jails are Uttar Pradesh, Madhya Pradesh, Bihar, Maharashtra, Rajasthan, Assam, Karnataka, Chhattisgarh, Haryana, Jharkhand, West Bengal and Kerala, Gujarat, and Nagaland.

Sub jail

Sub jails are smaller institutions situated at a sub-divisional level in the States.
8 states have reported comparatively higher number of sub-jails revealing a well-organized prison set-up even at lower formation. These states are Tamil Nadu, Andhra Pradesh, Madhya Pradesh, Odisha and Rajasthan, West Bengal, Karnataka, and Telangana.
12 states or union territories have no sub-jails, namely Arunachal Pradesh, Goa, Haryana, Maharashtra, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Chandigarh, Delhi and Ladakh.

Open jail

Open jails are minimum security prisons. Only convicted prisoners with good behavior satisfying certain norms prescribed in the prison rules are admitted in open jails. Minimum security is kept in such prisons and prisoners are engaged in agricultural activities. P. T. Chacko, as Home Minister of Kerala introduced the first Open Jail In India at Nettukaltheri near Neyyar Trivandrum on 28 August 1962.
Seventeen states have functioning open jails in their jurisdiction. Rajasthan reported the highest number of 50 open jails, followed by Maharashtra. There are no open jails in any of the union territories at the end of 2023.

Special jail

Special jails are maximum security prisons for the confinement of a particular class or particular classes of prisoners. Prisoners housed in special jails are generally been convicted of offences such as terrorism, violent crimes, habitual offenders, serious violations of prison discipline, and inmates showing tendencies towards violence and aggression.
Kerala has the highest number of special jails—16. Provision for keeping female prisoners in these special jails is available in Tamil Nadu, West Bengal, Gujarat, Kerala, Assam, Karnataka and Maharashtra.

Women’s jail

Women's jails are prisons that exclusively house female prisoners. Women's jails may exist at the sub-divisional, district and central level. There were 20 Women's Jails across India with a total capacity of 5,197 and an occupancy rate of 60.1% as on 31 December 2016. Due to the limited capacity of Women's Jails, most female prisoners are housed at other types of jails. As on 31 December 2016, around 83.12% of all female prisoners in India were incarcerated at jails other than a Women's Jail. Maharashtra has 5 women's jails. Kerala and Tamil Nadu each have 3 women's jails.
Over the past five years, there has been an increasing trend in the number of women prisoners in India. The population statistics say women account for only 4.3% of all prisoners which is about 17,834 women. According to a study in 2009, homicide was the single most common conviction offence for women in India.

Borstal School

s are a type of youth detention centre and are used exclusively for the imprisonment of minors or juveniles. The primary objective of Borstal Schools is to ensure care, welfare and rehabilitation of young offenders in an environment suitable for children and keep them away from contaminating atmosphere of the prison. The juveniles in conflict with law detained in Borstal Schools are provided various vocational training and education with the help of trained teachers. The emphasis is given on the education, training and moral influence conducive for their reformation and prevention of crime.
Nine States namely, Himachal Pradesh, Jharkhand, Karnataka, Kerala, Maharashtra, Punjab, Rajasthan, Tamil Nadu and Telangana have borstal schools in their respective jurisdictions. Tamil Nadu had the highest capacity for keeping 678 inmates. Himachal Pradesh and Kerala are the only states that have the capacity to lodge female inmates in 2 of their Borstal Schools. There are no borstal schools in any of the UTs at the end of 2015.