Lok Sabha Question No. 4862 (UNSTARRED), answered on 2023-03-31
Subject: Undertrial Review Committees
Ministry: LAW AND JUSTICE
Asked by: L.S. Tejasvi Surya, Umesh G. Jadhav, B. Y. Raghavendra, Sanganna Amarappa Karadi, Aparajita Sarangi

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

## LOK SABHA UNSTARRED QUESTION NO.4862 TO BE ANSWERED ON FRIDAY, THE 31 st MARCH, 2023

## Undertrial Review Committees

## 4862.SHRI L.S. TEJASVI SURYA:

DR. UMESH G. JADHAV:

SHRI B.Y. RAGHAVENDRA:

SHRI SANGANNA AMARAPPA:

SHRIMATI APARAJITA SARANGI:

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

- (a) the number of Undertrial Review Committees (UTRCs) set up in the country, State-wise;
- (b) whether all prisons have an UTRC to monitor the conditions of the Undertrial Prisoners and if so, the details thereof;
- (c) the details of the prisons which are yet to constitute an UTRC;
- (d) whether  the  UTRCs  have  been  able  to  reduce  the  number  of  undertrial  prisoners  and reduce the time spent by them in prisons in the country and if so, the details thereof;
- (e) the undertrial prisoners who currently fall in the purview of the UTRC; and
- (f) whether  the  Government  intends  to  add  more  categories  of  undertrial  prisoners  in  the UTRC's purview and if so, the details thereof?

## ANSWER

## MINISTER OF LAW & JUSTICE (SHRI KIREN RIJIJU)

- (a) to  (c) The  details  regarding  number  of  Under  Trial  Review  Committees  (UTRCs) working in States/UTs as on 15.12.2022 is at Annexure - A.'Prisons' / 'Persons detained therein' is a 'State List' subject under Entry 4 of List II of the Seventh Schedule to the Constitution of India. Prison-wise details of UTRC is therefore, not maintained centrally.
- (d) to (e) During the year 2021 and 2022, a total of 17,020 and 35,480 inmates /Undertrial Prisoners  (UTPs)  were  released  pursuant  to  recommendations  of  the  UTRCs.  The UTRCsreview a total of 14 categories of cases of prisoners for recommending release. They include :-
- (i) UTPs covered under Section 436A Cr.P.C.
- (ii) UTPs released on bail by the court, but have not been able to furnish sureties.
- (iii) UTPs accused of compoundable offences.
- (iv) UTPs eligible under Section 436 of Cr.P.C.
- (v) UTPs who may be covered under Section 3 of the Probation of Offenders Act, namely accused of offence under Sections 379, 380, 381, 404, 420 IPC or alleged to be an offence not more than 2 years imprisonment.
- (vi) Convicts who have undergone their sentence or are entitled to release because of remission granted to them.
- (vii) UTPs become eligible to be released on bail u/s 167(2)(a)(i) & (ii) of the Code of Criminal Procedure read with Section 36A of the Narcotic Drugs and Psychotropic  Substances  Act,  1985  (where  persons  accused  of  Section  19  or Section  24  or  Section  27A  or  for  offences  involving  commercial  quantity)  and where investigation is not completed in 60/90/180 days.
- (viii) UTPs who are imprisoned for offences which carry a maximum punishment of 2 years.
- (ix) UTPs who are detained under Chapter VIII of the Cr.P.C. i.e. u/s 107, 108, 109 and 151 of Cr.P.C.
- (x) UTPs who are sick or infirm and require specialized medical treatment.
- (xi) UTPs women offenders
- (xii) UTPs  who  are  first  time  offenders  between  the  ages  19  and  21  years  and  in custody  for  the  offence  punishable  with  less  than  7  years  of  imprisonment  and have suffered at least 1/4th of the maximum sentence possible.
- (xiii) UTPs  who  are  of  unsound  mind  and  must  be  dealt  with  Chapter  XXV  of  the Code.
- (xiv) UTPs eligible for release under Section 437(6) of Cr.P.C, wherein in a case triable by a Magistrate, the trial of a person accused of any non-bailable offence has not been  concluded  within  a  period  of  60  days  from  the  first  date  fixed  for  taking evidence in the case.
- (f) Campaign  namely  'Release\_UTRC@75'  for  release  of  prisoners  by  the  UTRC  to commemorate the 75 th Independence Day in India, was conducted from 16 th July, 2022 to 13 th August,  2022  wherein  following  additional  categories  of  cases  of  undertrials  were identified for considerationby the UTRCs:
- (i) Those undertrials who were granted interim bail by the court during the pandemic and they have adhered to all the conditions of the bond and have either returned to the  prison  on  the  stipulated  date  set  out  by  the  court/HPC  or  have  regularly attended  court  on  due  hearings.  The  UTRC  must  recommend  such  cases  to  the concerned court with the recommendation of granting bail (not interim but regular bail) to the undertrial.
- (ii) Those undertrials who are accused of or charged with the offences for which the maximum imprisonment up to 7 years or less.
- (iii) Those undertrials who are above 65 years of age.

****

Statement as referred to in reply to LokSabha Unstarred Question No. 4862 for answering on 31.03.2023 raised by Shri L.S. Tejasvi Surya, Dr. Umesh G. Jadhav, Shri B.Y. Raghavendra, Shri SangannaAmarappa, ShrimatiAparajita Sarangi, MPs - Undertrial Review Committees.

| Statement showing number of Under Trial Review Committees (UTRCs)working in States/UTs as on 15.12.2022   | Statement showing number of Under Trial Review Committees (UTRCs)working in States/UTs as on 15.12.2022   | Statement showing number of Under Trial Review Committees (UTRCs)working in States/UTs as on 15.12.2022   |
|-----------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------|
| S. No.                                                                                                    | STATE/UT                                                                                                  | No. of UTRCs                                                                                              |
| 1.                                                                                                        | ANDHRA PRADESH                                                                                            | 13                                                                                                        |
| 2.                                                                                                        | ARUNACHAL PRADESH                                                                                         | 18                                                                                                        |
| 3.                                                                                                        | ASSAM                                                                                                     | 33                                                                                                        |
| 4.                                                                                                        | BIHAR                                                                                                     | 37                                                                                                        |
| 5.                                                                                                        | CHHATISGARH                                                                                               | 23                                                                                                        |
| 6.                                                                                                        | GOA                                                                                                       | 02                                                                                                        |
| 7.                                                                                                        | GUJARAT                                                                                                   | 33                                                                                                        |
| 8.                                                                                                        | HARYANA                                                                                                   | 22                                                                                                        |
| 9.                                                                                                        | HIMACHAL PRADESH                                                                                          | 11                                                                                                        |
| 10.                                                                                                       | JAMMU &KASHMIR                                                                                            | 20                                                                                                        |
| 11.                                                                                                       | JHARKHAND                                                                                                 | 24                                                                                                        |
| 12.                                                                                                       | KARNATAKA                                                                                                 | 30                                                                                                        |
| 13.                                                                                                       | KERALA                                                                                                    | 14                                                                                                        |
| 14.                                                                                                       | MADHYAPRADESH                                                                                             | 50                                                                                                        |
| 15.                                                                                                       | MAHARASHTRA                                                                                               | 33                                                                                                        |
| 16.                                                                                                       | MANIPUR                                                                                                   | 16                                                                                                        |
| 17.                                                                                                       | MEGHALAYA                                                                                                 | 11                                                                                                        |
| 18.                                                                                                       | MIZORAM                                                                                                   | 08                                                                                                        |
| 19.                                                                                                       | NAGALAND                                                                                                  | 11                                                                                                        |
| 20.                                                                                                       | ODISHA                                                                                                    | 30                                                                                                        |
| 21.                                                                                                       | PUNJAB                                                                                                    | 22                                                                                                        |
| 22.                                                                                                       | RAJASTHAN                                                                                                 | 36                                                                                                        |
| 23.                                                                                                       | SIKKIM                                                                                                    | 04                                                                                                        |
| 24.                                                                                                       | TELANGANA                                                                                                 | 10                                                                                                        |
| 25.                                                                                                       | TAMIL NADU                                                                                                | 32                                                                                                        |
| 26.                                                                                                       | TRIPURA                                                                                                   | 08                                                                                                        |
| 27.                                                                                                       | UTTAR PRADESH                                                                                             | 71                                                                                                        |
| 28.                                                                                                       | UTTARAKHAND                                                                                               | 13                                                                                                        |
| 29.                                                                                                       | WEST BENGAL                                                                                               | 22                                                                                                        |
| 30.                                                                                                       | ANDMAN&NICOBAR ISLANDS                                                                                    | 01                                                                                                        |
| 31.                                                                                                       | CHANDIGARH                                                                                                | 01                                                                                                        |
| 32.                                                                                                       | DADRA &NAGARHAVELI                                                                                        | 01                                                                                                        |
| 33.                                                                                                       | DAMAN&DIU                                                                                                 | 01                                                                                                        |
| 34.                                                                                                       | DELHI                                                                                                     | 11                                                                                                        |
| 35.                                                                                                       | LAKSHADWEEP                                                                                               | 01                                                                                                        |
| 36.                                                                                                       | PUDUCHERRY                                                                                                | 02                                                                                                        |
| 37.                                                                                                       | LADAKH                                                                                                    | 02                                                                                                        |