Lok Sabha Question No. 6025 (UNSTARRED), answered on 2017-04-11
Subject: Prisoners on Death Row
Ministry: HOME AFFAIRS
Asked by: ELUMALAI VELLAIGOUNDER

## GOVERNMENT OF INDIA

## MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 6025

TO BE ANSWERED ON THE 11 th  APRIL,  2017 / CHAITRA 21, 1939 (SAKA)

PRISONERS ON DEATH ROW

6025. SHRI V. ELUMALAI:

Will the Minister of HOME AFFAIRS be pleased to state:

- (a)  whether  it  is  a  fact  there  are  more  than  385  death  row  prisoners  in  the country as on date and if so, the details thereof;
- (b)  whether  there  are  136  prisoners  on  death  row  who  claimed  to  have  not been informed of the reason for their arrest and if so, the details thereof;
- (c) whether some of the prisoners have been denied access to lawyers while others had been forced to confess for crimes and if so, the action taken by the Government in this regard; and
- (d) whether it has been alleged that many death row prisoners were tortured for over months before a formal arrest was recorded and if so, the steps taken by the Government in this regard?

## ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI HANSRAJ GANGARAM AHIR)

(a): A statement containing the State-wise details of the number of convicts with  capital  punishment  lodged  in  different  jails,  as  compiled  by  National Crime Records Bureau at the end of 2015, is at Annex.

- (b): No such information is centrally available on record.

## L.S.US.Q.NO.6025FOR 11.04.2017

(c) to (d): 'Prisons' 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 State Governments and is governed by Prisons Act, 1894 and Prison Manuals of respective State Governments.  The Central  Government provides  assistance  to  the  States  in the form of advisories in improving prison administration.

Section 304 of The Code of Criminal Procedure, 1973 provides for assigning a pleader for the defence of the accused at the expense of the State in case he is not represented by a pleader.  The Legal Services Authorities Act, 1987 also provides for free and competent legal services to the weaker sections of the society to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

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## ANNEX

## Annexure referred to in reply to Lok Sabha Unstarred  Question No. 6025 for answer on 11.4.2017

State/UT-wise number of convicts with capital punishment lodged in different jails at the end of 2015

|   Sl. No. | State/UT          |   Number |
|-----------|-------------------|----------|
|         1 | ANDHRA PRADESH    |        3 |
|         2 | ARUNACHAL PRADESH |        0 |
|         3 | ASSAM             |        5 |
|         4 | BIHAR             |       30 |
|         5 | CHHATTISGARH      |       15 |
|         6 | GOA               |        0 |
|         7 | GUJARAT           |       12 |
|         8 | HARYANA           |       10 |
|         9 | HIMACHAL PRADESH  |        0 |
|        10 | JAMMU & KASHMIR   |       10 |
|        11 | JHARKHAND         |        7 |
|        12 | KARNATAKA         |       22 |
|        13 | KERALA            |       16 |
|        14 | MADHYA PRADESH    |       38 |
|        15 | MAHARASHTRA       |       41 |
|        16 | MANIPUR           |        0 |
|        17 | MEGHALAYA         |        3 |
|        18 | MIZORAM           |        0 |
|        19 | NAGALAND          |        0 |

| 20   | ODISHA            |   0 |
|------|-------------------|-----|
| 21   | PUNJAB            |   7 |
| 22   | RAJASTHAN         |   4 |
| 23   | SIKKIM            |   0 |
| 24   | TAMIL NADU        |   9 |
| 25   | TELANGANA         |   2 |
| 26   | TRIPURA           |   2 |
| 27   | UTTAR PRADESH     |  68 |
| 28   | UTTARAKHAND       |   3 |
| 29   | WEST BENGAL       |   6 |
|      | TOTAL (STATES)    | 313 |
| 30   | A & N ISLANDS     |   3 |
| 31   | CHANDIGARH        |   0 |
| 32   | D & N HAVELI      |   0 |
| 33   | DAMAN & DIU       |   0 |
| 34   | DELHI             |   9 |
| 35   | LAKSHADWEEP       |   0 |
| 36   | PUDUCHERRY        |   0 |
|      | TOTAL (UTs)       |  12 |
|      | TOTAL (ALL-INDIA) | 325 |