Lok Sabha Question No. 2399 (UNSTARRED), answered on 2018-01-02
Subject: Undertrials in Prisons
Ministry: HOME AFFAIRS
Asked by: VINCENT H PALA

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 2399

TO BE ANSWERED ON THE 02 ND  JANUARY, 2018/ PAUSHA 12, 1939 (SAKA) UNDERTRIALS IN PRISONS

2399. SHRI VINCENT H. PALA:

Will the Minister of HOME AFFAIRS be pleased to state:

(a)  the  total  number  of  undertrials  lodged  in  various  prisons  as  on  date, Statewise; (b) whether any step is being taken for the speedy disposal of cases; (c) if so, the details thereof; and (d)  whether  any  funds  has  been  allocated  for  the  purpose  of  bringing  about reforms in the prison system and its functioning and if so, the details thereof?

## ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS

## (SHRI HANSRAJ GANGARAM AHIR)

(a) to (c):  State/UT wise details of undertrials lodged in various prisons of the country at the end of year 2016, as compiled by the National Crime Records

Bureau (NCRB), are given in the Annexure.

'Prisons' is a State subject as per entry 4 of List II of the Seventh Schedule to the  Constitution  of  India.    The  administration  and  management  of  prisons  is primarily  the  responsibility  of  respective  State  Governments.    However,  to address the issue of undertrials in various jails of the country, the Ministry of Home Affairs has undertaken various initiatives.  Through CrPC Amendment Act 2005, Section 436A was inserted in Cr PC. Under Section 436A, an undertrial has  the  right  to  seek  bail  on  serving  more  than  one  half  of  the  maximum possible  sentence  on    personal  bond.    MHA    had    issued  an  advisory  to  all States  and    UTs  to  constitute    Review  Committees  in    every    District  and review the cases of undertrials and educate them about their  rights to bail etc.

This was followed by another advisory in which the directions of the Supreme Court were shared with the States and they were requested to prepare lists of undertrial  prisoners  for  review  under  Section  436-A  and  put  in  place  a permanent  mechanism  for  providing  relief  to  undertrial  prisoners.    Another letter was sent to all States and UTs in March 2017 requesting them to take necessary action to review the cases of undertrial prisoners in a time bound manner.    The  Government  of  India  has  also  introduced  the  concept  of  plea bargaining  through  Section  265  of  CrPC  that  will  help  address  the  issue  of undertrials. The Government of India also issued an advisory which provides for steps to be taken by the States/UTs for providing free legal aid to undertrials, setting up of Lok Adalats/ Special courts in prisons for expediting the review of cases of undertrials.

Besides the advisories issued from time to time, Model Prison Manual 2016 was also  forwarded  by  the  Ministry  of  Home  Affairs  to  all  States  and  Union Territories  in  May  2016.  The  Prison  Manual  has  a  dedicated  chapter  on 'Undertrial Prisoners', which provides guidance on the facilities to be provided to undertrials viz. legal defence, interview with lawyers, signing of Vakalatnama, application to Courts for legal aid at Government cost etc.

(d):    'Prisons'  is  a  State  subject.    The  Central  Government  supplements  the efforts of State/UT Governments in this regard.  Presently, the Ministry of Home Affairs is supporting the States/UTs in implementing the E-Prisons project that aims  to  introduce  efficiency  in  prison  management  through  digitization.    An allocation of Rs. 100 Crore has been approved for the period 2017-2020 in this regard.

*****

## Annexure

## State/UT-wise Population of Undertrials in Jails at the end of 2016 (Provisional)

| Sl.   | State/UT          | Undertrials   | Undertrials   | Undertrials   |
|-------|-------------------|---------------|---------------|---------------|
| No.   |                   | Male          | Female        | Total         |
| 1     | ANDHRA PRADESH    | 4373          | 271           | 4644          |
| 2     | ARUNACHAL PRADESH | 132           | 6             | 138           |
| 3     | ASSAM             | 5023          | 185           | 5208          |
| 4     | BIHAR             | 26782         | 971           | 27753         |
| 5     | CHHATTISGARH      | 9805          | 558           | 10363         |
| 6     | GOA               | 258           | 16            | 274           |
| 7     | GUJARAT           | 7527          | 390           | 7917          |
| 8     | HARYANA           | 10057         | 373           | 10430         |
| 9     | HIMACHAL PRADESH  | 1268          | 44            | 1312          |
| 10    | JAMMU & KASHMIR   | 1882          | 77            | 1959          |
| 11    | JHARKHAND         | 12138         | 618           | 12756         |
| 12    | KARNATAKA         | 10148         | 356           | 10504         |
| 13    | KERALA            | 4097          | 155           | 4252          |
| 14    | MADHYA PRADESH    | 19921         | 697           | 20618         |
| 15    | MAHARASHTRA       | 21643         | 1050          | 22693         |
| 16    | MANIPUR           | 503           | 20            | 523           |
| 17    | MEGHALAYA         | 731           | 12            | 743           |
| 18    | MIZORAM           | 540           | 37            | 577           |
| 19    | NAGALAND          | 292           | 4             | 296           |
| 20    | ODISHA            | 11347         | 423           | 11770         |
| 21    | PUNJAB            | 11969         | 652           | 12621         |
| 22    | RAJASTHAN         | 14344         | 473           | 14817         |
| 23    | SIKKIM            | 193           | 3             | 196           |
| 24    | TAMIL NADU        | 7744          | 387           | 8131          |
| 25    | TELANGANA         | 3717          | 206           | 3923          |
| 26    | TRIPURA           | 351           | 13            | 364           |
| 27    | UTTAR PRADESH     | 65767         | 2665          | 68432         |
| 28    | UTTARAKHAND       | 2140          | 84            | 2224          |
| 29    | WEST BENGAL       | 14780         | 1088          | 15868         |
|       | TOTAL (STATES)    | 269472        | 11834         | 281306        |
| 30    | A & N ISLANDS     | 70            | 7             | 77            |
| 31    | CHANDIGARH        | 363           | 26            | 389           |
| 32    | D & N HAVELI      | 119           | 1             | 120           |
| 33    | DAMAN & DIU       | 39            | 2             | 41            |
| 34    | DELHI             | 10530         | 412           | 10942         |
| 35    | LAKSHADWEEP       | 6             | 1             | 7             |
| 36    | PUDUCHERRY        | 171           | 5             | 176           |
|       | TOTAL (UTs)       | 11298         | 454           | 11752         |
|       | TOTAL (ALL-INDIA) | 280770        | 12288         | 293058        |

Source: Prison Statistics India