Lok Sabha Question No. 4585 (UNSTARRED), answered on 2017-03-29
Subject: Plight of Under Trials
Ministry: LAW AND JUSTICE
Asked by: MAHEISH GIRRI

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

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## LOK SABHA

## UNSTARRED QUESTION NO. 4585

## TO BE ANSWERED ON WEDNESDAY, THE 29 th  MARCH, 2017

## Plight of Under Trials

## 4585. SHRI  MAHEISH GIRRI:

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a)  whether there have been a large number of cases in which poor people despite getting relief are kept inside the jail for want of bail bonds and local sureties;
- (b)  if so, the details thereof and the reasons therefor;
- (c)  whether the Government is taking steps  to drop such clauses in the bail law that create difficulties for the poor to come out of jail despite getting relief from the court;
- (d)  if so, the details thereof and if not, the reasons therefor;
- (e)  whether the Government plans to introduce a legislation to bring uniformity in grounds for grant of bail to under-trials; and
- (f)  if so, the details thereof and if not, the reasons therefor?

## ANSWER

## MINISTER OF STATE FOR LAW AND JUSTICE AND ELECTRONICS AND INFORMATION TECHNOLOGY

## (SHRI P.P.CHAUDHARY)

- ( a) and (f)  Information relating to  Under Trials who  got relief from court but could not be released due to lack of bail bonds and local sureties is not maintained centrally as it is a State subject.

There are adequate legal provisions in the Code of Criminal Procedure 1973 (CrPc) to  resolve  the  plight  of  Under  Trials.  Minister  of  Law  &  Justice  has  written  to  the Chief  Justices  of  High  Courts  on  3 rd February  2017  requesting  for  periodic monitoring of release  of  Under  Trials  so  that  every  accused  person  receives  a  fair trial and does not languish in jail longer than  is absolutely necessary as per law.

The Hon'ble Supreme Court in its order dated 05.09.2014 in the Writ Petition No. 310/2005-Bhim Singh Vs Union of India & Other relating to the undertrial prisoner has directed  for  effective  implementation  of  Section  436  A  of  the  Code  of  Criminal Procedure.  The  DG  (Prisons)/IG  (Prisons)  of  all  States/UTs  have  been  requested  on 22.09.2014 to take necessary action to comply with the order of the Hon'ble Supreme Court in the matter.

'Prisons' is a State subject as per Entry 4 of the List II of the Seventh Schedule to the  Constitution    of  India.  Therefore,  the  administration  and  management  of  prisons  is primarily the responsibility of the State Governments. However, the Ministry of Home Affairs  has  prepared  a  new  Model  Prison  Manual  2016  covering  all  aspects  of  prisons and copy of the same has been sent to the States/UTs for guidance.

The Hon'ble Supreme Court further vide orders dated 05.02.2016 had inter  alia passed directions in the aforesaid matter, which are as under:

1. The Under Trial Review Committee in every district should meet every quarter and the first  such  meeting  should  take  place  on  or  before  31st  March,  2016. The  Secretary  of  the  District  Legal  Services  Committee  should  attend  each meeting of the Under Trial Review Committee and follow up the discussions with appropriate steps for the release of undertrial prisoners and convicts who have undergone their sentence or are entitled to release because of remission granted to them.
2. The  Under  Trial  Review  Committee  should  specifically  look  into  aspects pertaining  to  effective  implementation  of  Section  436  of  the  Cr.P.C.  and Section  436A  of  the  Cr.P.C.  so  that  undertrial  prisoners  are  released  at  the earliest and those who cannot furnish bail bonds due to their poverty are not subjected  to  incarceration  only  for  that  reason.  The  Under  Trial  Review Committee  will  also  look  into  issue  of  implementation  of  the  Probation  of Offenders Act, 1958 particularly with regard to first time offenders so that they have a chance of being restored and rehabilitated in society.
3. The  Member  Secretary  of  the  State  Legal  Services  Authority  of  every  State will ensure, in coordination with the Secretary of the District Legal Services Committee in every district, that an adequate number of competent lawyers are empanelled to assist undertrial prisoners and convicts, particularly the poor and indigent, and that legal aid for the poor does not become poor legal aid.
4. The Secretary of the District Legal Services Committee will also look into the issue of the release of undertrial prisoners in compoundable offences, the effort being  to  effectively  explore  the  possibility  of  compounding  offences  rather than requiring a trial to take place.
5. The Under Trial Review Committee will also look into the issues raised in the Model Prison Manual 2016 including regular jail visits as suggested in the said Manual.