Lok Sabha Question No. 3816 (UNSTARRED), answered on 2019-07-16
Subject: Undertrial Prisoners
Ministry: HOME AFFAIRS
Asked by: Pratima Mondal, S.R. Parthiban

## GOVERNMENT OF INDIA

## MINISTRY OF HOME AFFAIRS

## LOK SABHA

## UNSTARRED QUESTION NO. 3816

TO BE ANSWERED ON THE 16 TH  JULY, 2019/ ASHADHA 25, 1941 (SAKA)

UNDERTRIAL PRISONERS

SHRIMATI PRATIMA MONDAL:

3816. SHRI PARTHIBAN S.R.:

Will the Minister of HOME AFFAIRS be pleased to state:

- (a)  whether  it  is  a  fact  that  the  number  of  persons  lodged  in  the  jails across the country are increasing steadily;

(b) if so, the details thereof;

- (c)  the  details  of  the  number  of  under  trials  and  the  convicted  persons inside the jails of the country;
- (d) whether it is a fact that a large number of under trials are languishing in  the  jails  for  more  than  ten  years,  if  so,  the  details  thereof  and  the reasons therefor;
- (e) whether the Government has made efforts for lowering the number of under trials,  if  so,  the  details  thereof  and  the  success  achieved  in  this regard; and
- (f) if not, the reasons therefor?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI G. KISHAN REDDY)

(a) & (b): National Crime Records Bureau (NCRB) compiles prison statistics  in  its  publication  'Prison  Statistics  India'.    Published  reports are   available  till  the  year  2016.    A  total  of  4,18,536,   4,19,623  and

## L.S.US.Q.NO.3816 FOR 16.07.2019

4,33,003 prisoners were lodged in various jails of the country as on 31 st December, 2014, 2015 and 2016 respectively.

(c): As per the last published data of NCRB,  2,93,058  undertrial prisoners and 1,35,683 convicted prisoners were lodged in various jails of the country as on 31 st  December, 2016.

(d): NCRB publishes details of undertrial prisoners lodged in prisons for a period from 2-3 years, 3 to 5 years and above 5 years.  The number of undertrial  prisoners  lodged  in  prisons  for  a  period  above  5  years  was 3927 as per the last published data by NCRB in 2016.

(e) & (f): 'Prisons' and 'persons detained therein' are State subjects as per  Entry  4  of  List  II  of  Seventh  Schedule  to  the  Constitution  of  India. Administration and management of prisons is the responsibility of State Governments.    However,  the  Ministry of Home  Affairs has issued advisories to States & UTs for steps to be taken by them for providing free legal aid to undertrials and for setting up Lok Adalats/ Special courts in prisons for expediting the review of cases of undertrials. MHA has also circulated  the  Model  Prison  Manual  2016  to  all  States  and  Union Territories,  which  has  a  chapter  on  'Legal  Aid'  which  provides    for facilities   which   may   be   provided  to  undertrials  viz.  legal  defence,

## L.S.US.Q.NO.3816 FOR 16.07.2019

interview with lawyers, signing of Vakalatnama, application to Courts for legal aid at Government cost etc.  The National Legal Services Authority (NALSA) provides free legal service to all under trial prisoners through its legal service clinics running in jails all over India.   NALSA had recently prepared guidelines in the form of 'Standard Operating Procedure (SOP) for Under-Trial Review Committees'.  The SOP has been circulated by the Ministry of Home Affairs to all States and UTs on 18.2.2019.  In the year 2016, 929 undertrial prisoners were released by the States and UTs under Section 436 A of Cr.P.C.

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