Indians under trial exceed Dutch population

A cameraman setting up his equipment in front of the Supreme Court in Delhi in February 2014.

For the 13 years the Salman Khan hit-and-run case was in trial, it was one of 18.5 million criminal cases pending in India’s district and lower courts, and the 50-year-old Bollywood star was one of 22.2 million people under trial.

Driven by a shortage of prosecutors, judges and courts and—among other reasons—slow procedures, there are more people under trial in India than there are people in the Netherlands or Kazakhstan.

In 2013, the cases of as many as 85% of people put on trial were pending, according to National Crime Records Bureau (NCRB) data:

Source: National Crime Records Bureau; Figures as on April 1, 2014.
 

Let us look at the rates of pending cases in a variety of courts across India:

An Eternal Catch-Up Game
Courts	Cases brought forward	Freshly instituted	Cases disposed of	Cases pending at quarter-end	Cases pending as % of all cases in trial during quarter
Supreme Court (criminal)	12211	5466	5267	12410	70.2
Supreme Court (criminal+civil)	64330	22549	20819	65970	75.9
High Courts (criminal)	1023738	176652	166765	1033626	86.1
High Courts (criminal+civil)	4456412	508727	486115	4479023	90.2
District and Subordinate Courts (criminal)	18560764	3704354	3266414	18998704	85.3
District and subordinate courts (criminal+civil)	26839032	4866618	4344835	27360814	86.3

Source:  Supreme Court News; Figures as on April 1, 2014
 

Criminal cases form 19% of the Supreme Court’s pending cases and 25% of the settled cases.
In high courts, 23% of pending cases (a million of them) are criminal cases, while 6.9% of those settled are criminal cases. In district and subordinate courts, 67% of pending cases are criminal.

New cases flood in, and together with the backlog, they outnumber settled cases and increase the caseload. For instance, in the first quarter of 2014, the Supreme Court had 5,466 new criminal cases and 12,211 cases carried over from the previous year, but only 5,267 of those cases were settled.

 What India needs: Judges—and more judges

India has 15 judges for every million people, one of the world’s lowest ratios.

Lower-court vacancies are a leading cause of pending trials, IndiaSpend previously reported, as the table below indicates:

 

Understaffed and Under-strength
Court	Sanctioned Strength	Working Strength	Vacancies	Vacancies as % of sanc. strength
Supreme Court of India	31	25	6	19.4
High Courts of India	906	641	265	29.2
District and Subordinate Courts	19726	15438	4288	21.7

Source:  Supreme Court News; Figures as on April 1, 2014
 

 

Delays tend to be higher in lower courts and correspond with the number of judicial vacancies. High courts with the most pending cases are also those with the most vacancies, the data show. Salve is a policy analyst with IndiaSpend. Additional research by Aadya Sharma and Pratiksha Wadekar.
(IndiaSpend is a data-driven, public-interest journalism non-profit organisation)