October 8, 2026
By Xari Jalil
ISLAMABAD
At least 113 people, including 11 children, remained imprisoned in Punjab despite having been granted bail because they could not afford the financial surety required for their release, highlighting how poverty can determine who remains behind bars even after a court has ordered their freedom, according to the Pakistan Prison Data Report 2026. The report, jointly produced by the National Commission for Human Rights (NCHR) and Justice Project Pakistan (JPP), says the cases expose a gap between the legal right to bail and the ability of poor prisoners to actually secure release. In addition to this, the report says that Pakistan’s prison population has risen by 50% since 2019 as under-trial detention has driven overcrowding.
When surety remains unsure
A court may determine that a person’s continued detention is unnecessary, but an unaffordable surety can nevertheless keep that person in prison. The report says that monitoring by the NCHR found many women at Adiala Jail who had been granted bail, but remained incarcerated because they could not furnish the required surety payment. It argues that financial conditions attached to bail can effectively turn poverty into continued detention, particularly for people who lack legal representation, family support or access to money.
The problem is significant in a prison system in which the overwhelming majority of inmates are still awaiting trial.
Bail granted, freedom still out of reach
The report’s findings challenge the assumption that reducing Pakistan’s prison population necessarily requires new prisons or major infrastructure projects. In Punjab, at least 113 prisoners were still behind bars after being granted bail, solely because they could not meet the financial conditions imposed for their release. Eleven of those prisoners were children.
The report recommends that authorities identify every person being held after bail has been granted and replace unaffordable sureties with personal bonds or other proportionate conditions where appropriate. It also calls for legal assistance for people unable to secure their release and for courts to consider a person’s financial circumstances when imposing conditions.
The findings are particularly significant for women and children, who can face additional barriers to securing sureties and legal representation.
Prison population reaches 110,513 with 75% UTPs
In the report launch in Islamabad on Thursday, October 8, JPP and NCHR representatives highlighted the key findings. One of them was the spike in the country’s prison population at 110,513, with three in every four prisoners awaiting trial. The project was supported by the European Union (EU).
The report brings together the latest official data from across the country to provide a national picture of who is in Pakistan’s prisons, why they are there and where the system is under the greatest pressure. It provides an evidence base for policymakers, courts, oversight bodies, researchers and the public.
Key findings from the 2026 report show that Pakistan’s prisons are operating at 160.6% of authorised capacity, holding 110,513 prisoners against space for approximately 68,832 — 41,681 more people than the system is designed to accommodate. Three in every four prisoners are awaiting trial: 82,988 people, or 75.09% of the national prison population, are under trial, and this population alone exceeds Pakistan’s total authorised prison capacity by 14,156 people.
Drug-related imprisonment is another major driver of prison growth, with more than 28,000
people held under the Control of Narcotic Substances Act (CNSA) — more than one
quarter of the entire prison population — representing a 43.4% increase since 2023. The
report also shows that prison growth is not an inevitability: while Punjab and Sindh continue
to face sharp increases and severe overcrowding, Khyber Pakhtunkhwa and Balochistan
have reduced their prison populations and remain within their overall authorised
capacity, with greater use of probation, parole, diversion and other alternatives to
imprisonment contributing to this trend. The pressure is also unevenly distributed across
vulnerable groups. The number of women in prison has increased by 45.96% since 2024,
while 86.2% of children in prison are awaiting trial. By contrast, Pakistan’s death-row
population has fallen to 3,220, an 11.7% decline from 2024.
“These are not just numbers. Behind every number is a person, a family and a life that has been disrupted,” said Sarah Belal, Executive Director of Justice Project Pakistan. “The purpose of this report is to give policymakers, criminal justice actors and donors the evidence they need to make better decisions, and to show that different approaches are possible. The tools we are launching alongside the report are about taking that evidence one step further: helping civil society and those working inside the system in their reform efforts.”
Jeroen Willems, Head of Partnerships at the EU delegation to Pakistan said, “Today’s event is important becauseH how we manage our prisons is a reflection of how we treat people in our custody, as those are among the most vulnerable. This report highlights serious challenges, but also shows that progress is possible. The European Union is proud to support evidence-based reforms that strengthen access to justice and promote humane and rights-based approaches to imprisonment.”
“The data is serious, but they also show that change is possible,” said Rabiya Javeri Agha, the NCHR Chairperson. “The task now is to turn these commitments into measurable reductions in unnecessary detention and improvements in
conditions across Pakistan’s prisons.”
Punjab has an alternative to prison, but barely uses it
The report also points to a striking contradiction in Punjab’s criminal justice system: the province already has a large-scale mechanism for supervising people outside prison, yet makes very limited use of parole.
In July 2026, around 39,358 people were under a court-ordered probation in Punjab, including 39,185 adults and 173 minors. The figure is equivalent to 57 per cent of Punjab’s prison population, demonstrating that non-custodial supervision is already operating at considerable scale. Probation allows eligible offenders to remain in the community under supervision rather than being imprisoned. Parole, however, remains severely underused.
According to the report, Punjab released only seven prisoners on parole in 2024, compared with 1,605 in Khyber Pakhtunkhwa. The disparity suggests that the issue is not simply whether alternatives to imprisonment exist, but whether provincial authorities actually use and adequately resource them. The report recommends strengthening Punjab’s probation system, including adequate staffing, rehabilitation and reintegration services, while substantially expanding appropriate use of parole.
It also calls for the province to publish staffing levels, caseloads, successful completions and breaches so that the effectiveness of probation can be assessed.
Thousands caught in civil proceedings
The report identifies another category of imprisonment that receives considerably less attention: civil prisoners. Punjab had 2,996 people classified as civil prisoners, accounting for 4.36 per cent of its prison population. These prisoners are held in proceedings involving matters such as unpaid debts, family-maintenance obligations and enforcement of civil decrees rather than conventional criminal offences.
The report raises concerns about the use of imprisonment in such cases, particularly where detention is linked to an inability to fulfil financial obligations. It notes that Article 11 of the International Covenant on Civil and Political Rights (ICCPR) prohibits imprisonment merely because a person is unable to fulfil a contractual obligation.
The findings raise broader questions about the extent to which economic circumstances determine contact with Pakistan’s justice system.
Nearly 10,000 kite-flying cases
The report also points to the scale at which minor conduct can bring people into contact with the criminal justice system. In 2026, Punjab Police registered almost 10,000 kite-flying cases, resulting in a comparable number of arrests. The report uses the figure as an example of how criminal justice resources can be directed towards minor or non-violent conduct while prisons are already struggling to accommodate people accused of more serious offences.
It argues that reducing unnecessary imprisonment requires not only changes to bail and sentencing, but also greater scrutiny of which conduct results in arrest and prosecution in the first place.
Under-trial detention remains the backdrop
The findings come against the backdrop of a rapidly expanding prison population. Pakistan’s prisons held 110,513 people in 2026, while approximately three-quarters of the prison population, or 82,988 people, were awaiting trial.
The report says the under-trial population has risen from around 64 per cent in 2022 to 75.09 per cent in 2026. But the report’s provincial comparison suggests that incarceration levels are not fixed.
Khyber Pakhtunkhwa reduced its prison population from 13,364 in 2024 to 11,521 in 2026, a decline of 13.8 per cent. Balochistan also reduced its prison population by 7.3 per cent. The report attributes part of this difference to greater use of mechanisms including probation, parole, dispute resolution, juvenile diversion and judicial case reviews.
The experience of these provinces, it says, demonstrates that prison populations can fall without relying exclusively on construction of new prison facilities.
Drug cases remain difficult to divert
One major obstacle is the continued scale of imprisonment under Pakistan’s narcotics laws. More than 28,000 people are imprisoned under the Control of Narcotic Substances Act, accounting for more than one-quarter of the national prison population.
The number of CNSA prisoners has increased by 43.4 per cent since 2023, considerably faster than overall prison growth. The report says restrictive bail and sentencing provisions introduced through the 2022 CNSA amendments have limited access to remission, probation and parole for many people accused under the law.
The problem is also visible in KP, where the overall prison population declined but the number of prisoners held under the CNSA increased from 2,884 in 2023 to 3,086 in 2026. Of those, 2,707, or 87.7 per cent, were awaiting trial.
The report argues that drug policy needs to distinguish between drug use, low-level possession and serious trafficking, with treatment, diversion and community-based responses considered where appropriate.
Poverty can shape every stage of imprisonment
Taken together, the findings suggest that economic disadvantage can influence a person’s experience of the criminal justice system at several stages. A person may be arrested for a relatively minor offence, remain in custody while a case proceeds, receive a bail order but be unable to afford the surety, and eventually face imprisonment despite the availability of community-based alternatives.
The report also notes that Punjab’s probation system already supervises tens of thousands of people outside prison, while parole remains barely used.
This creates a situation in which imprisonment is not necessarily the only available response, but can become the default when alternatives are not adequately applied. The report therefore recommends removing financial barriers to release, expanding legal aid, strengthening probation and parole, reviewing cases involving unnecessary detention and increasing the use of non-custodial measures.
Building prisons will not solve the problem
The report warns that prison construction alone cannot keep pace with the number of people entering Pakistan’s prison system. It points to the under-construction Islamabad Jail, expected to cost more than Rs7.4 billion and provide space for around 2,000 prisoners.
That capacity is small compared with the more than 41,000 prisoners currently held above Pakistan’s authorised national prison capacity.
For the report’s authors, the more immediate question is therefore not simply how many prison cells Pakistan can build, but how many people need to be imprisoned in the first place.
The report calls for a shift towards affordable bail, legal aid, probation, parole, diversion and case review, alongside reforms to laws that disproportionately affect people accused of low-level or non-violent offences.
Its findings suggest that reducing imprisonment could begin with people who are already legally eligible to be outside prison, but remain behind bars because they cannot afford to get there.








