Lok Sabha Question No. 2566 (UNSTARRED), answered on 2022-08-02
Subject: Undertrial Prisoners
Ministry: HOME AFFAIRS
Asked by: Sisir Kumar Adhikari

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 2566

TO BE ANSWERED ON THE 2 ND  AUGUST, 2022/ SRAVANA 11, 1944 (SAKA)

UNDERTRIAL PRISONERS

2566. SHRI SISIR KUMAR ADHIKARI:

Will the Minister of HOME AFFAIRS be pleased to state:

(a) the number of undertrial prisoner languishing in prison during the last five years, State-wise

(b) the steps taken by the Government to provide speedy disposal of such cases thereof;

(c) whether the Government has any proposal to release all prisoners who have completed their rigorous life imprisonment sentenced tenure thereof, if  so,  the  number  of  prisoners  who  have  completed  life  sentenced more than 25 years and still in jail, therefor, State-wise; and

(d)  the  action  taken  by  the  Governemnt  who  are  still  under  TADA punishment thereto?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI AJAY KUMAR MISHRA)

(a)  :  National  Crime  Records  Bureau  (NCRB)  compiles  prison  statistics reported to it by the States and Union Territories (UTs) and publishes the same  in  its annual  publication 'Prison Statistics India'. The  latest published  report  is  of  the  year  2020.  State/UT-wise  details  of  number  of undertrial prisoners lodged in the jails of the country as on 31 st  December of 2016, 2017, 2018, 2019 and 2020 are given in Annexure.

## L.S.USQ.NO.2566 FOR 02.08.2022

(b):  Prisons/persons  detained  therein,  Police  and  Public  Order  are  'State List' subjects under List II of the Seventh Schedule to the Constitution of India. State Governments are competent to take appropriate measures for enabling the speedy disposal of cases of undertrial prisoners. State Legal Services  Authorities  have  established  Legal  Service  Clinics  in  jails  for providing free legal assistance to persons in need. There are about 1181 Legal  Service  Clinics  in  jails  which  are  operated  by  Empanelled  Legal Services  Advocates  and  trained  Para-Legal  Volunteers.  For  easing  and expediting  the  justice  process,  Video  Conferencing  facility  has  been enabled between 3240 court complexes and 1272 corresponding jails. The Ministry of Home Affairs (MHA) has also taken various steps to address the issues relating to under trial prisoners. MHA has issued several advisories to  States  and  UTs  for  adopting  appropriate  measures  to  provide  legal assistance  to  under  trial  prisoners.  The  Model  Prison  Manual  2016 circulated  to  all  States  and  UTs  has  a  Chapter  on  'Legal  Aid'  which provides  the  details  of  facilities  which  may  be  provided  to  undertrial inmates, viz. legal defence, interview with lawyer, application to Courts for legal aid at Government cost etc. Section 436A has been inserted in the Code of  Criminal  Procedure,  which  provides  for  release  of  an  under-trial prisoner  on  bail  after  undergoing  detention  for  a  period  extending  up  to one-half of the maximum period of imprisonment specified for an offence under any law (not being an offence for which the punishment of death has

## L.S.USQ.NO.2566 FOR 02.08.2022

been specified as one of the punishments under that law). The concept of plea  bargaining  has  also  been  introduced  by  inserting  a  new  'Chapter XXIA'  on  'Plea  Bargaining'  (Sections  265A  to  265L  of  CrPC),  which enables pre-trial negotiation between the defendant and the prosecution. E-prisons Software, which is a Prison Management Application integrated with Interoperable Criminal Justice System provides facility to State Jail authorities to access the data of undertrial inmates in a quick manner and helps  them  in  identifying  undertrial  inmates  whose  cases  are  due  for consideration by the Under Trial Review Committee. A Standard Operating Procedure (SOP) for Under-Trial Review Committees prepared by National Legal Services Authority (NALSA) has also been circulated by MHA to all States and UTs.

(c)  and (d): No specific proposal in this regard is under consideration of the  Government.  'Prisons'/'persons  detained  therein'  is  a  'State  List' subject and, therefore, the State Governments are competent to undertake appropriate measures for release of prisoners under the extant provisions of law.

******

## L.S.USQ.NO.2566 FOR 02.08.2022

## State/UT-wise details of number of under trial prisoners lodged in Prisons as on 31 st December of 2016, 2017, 2018, 2019 & 2020

| Sl. No.   | State/UT          | 2016   | 2017   | 2018   | 2019   |   2020 |
|-----------|-------------------|--------|--------|--------|--------|--------|
| 1         | ANDHRA PRADESH    | 4644   | 5670   | 4201   | 4769   |   5001 |
| 2         | ARUNACHAL PRADESH | 138    | 118    | 118    | 106    |    127 |
| 3         | ASSAM             | 5208   | 5060   | 5079   | 6130   |   6495 |
| 4         | BIHAR             | 27753  | 33933  | 31488  | 31275  |  44187 |
| 5         | CHHATTISGARH      | 10363  | 10850  | 10137  | 9829   |  11963 |
| 6         | GOA               | 274    | 253    | 286    | 369    |    419 |
| 7         | GUJARAT           | 7917   | 8367   | 9962   | 9799   |  10195 |
| 8         | HARYANA           | 10430  | 11636  | 12176  | 13160  |  14951 |
| 9         | HIMACHAL PRADESH  | 1312   | 1183   | 1388   | 1425   |   1574 |
| 10        | JHARKHAND         | 12756  | 13508  | 15629  | 12759  |  17103 |
| 11        | KARNATAKA         | 10504  | 10199  | 10109  | 10500  |  10577 |
| 12        | KERALA            | 4252   | 4842   | 4905   | 4330   |   3569 |
| 13        | MADHYA PRADESH    | 20618  | 21268  | 23123  | 24157  |  31712 |
| 14        | MAHARASHTRA       | 22693  | 24474  | 26898  | 27557  |  26171 |
| 15        | MANIPUR           | 523    | 667    | 816    | 758    |    506 |
| 16        | MEGHALAYA         | 743    | 773    | 814    | 861    |    821 |
| 17        | MIZORAM           | 577    | 661    | 963    | 1097   |    609 |
| 18        | NAGALAND          | 296    | 281    | 304    | 314    |    261 |
| 19        | ODISHA            | 11770  | 11553  | 12649  | 13803  |  15619 |
| 20        | PUNJAB            | 12621  | 14209  | 13904  | 15949  |  15643 |
| 21        | RAJASTHAN         | 14817  | 14126  | 14501  | 15378  |  16930 |
| 22        | SIKKIM            | 196    | 185    | 223    | 255    |    328 |
| 23        | TAMIL NADU        | 8131   | 7946   | 9235   | 9244   |   8709 |
| 24        | TELANGANA         | 3923   | 3363   | 3194   | 4384   |   3946 |
| 25        | TRIPURA           | 364    | 459    | 527    | 568    |    472 |
| 26        | UTTAR PRADESH     | 68432  | 68762  | 75206  | 73418  |  80557 |
| 27        | UTTARAKHAND       | 2224   | 2601   | 3224   | 3373   |   3906 |
| 28        | WEST BENGAL       | 15868  | 16478  | 17082  | 18907  |  20144 |
| 29        | A & N ISLANDS     | 77     | 86     | 103    | 132    |    194 |
| 30        | CHANDIGARH        | 389    | 508    | 595    | 580    |    619 |
| 31        | DNH & DAMAN DIU + | 161    | 70     | 82     | 92     |    138 |
| 32        | DELHI             | 10942  | 12264  | 12470  | 14382  |  14506 |
| 33        | JAMMU & KASHMIR * | 1959   | 2181   | 2568   | 3075   |   3717 |
| 34        | LADAKH            | -      | -      | -      | -      |     21 |
| 35        | LAKSHADWEEP       | 7      | 2      | 1      | 4      |      2 |
| 36        | PUDUCHERRY        | 176    | 182    | 181    | 177    |    156 |
|           | TOTAL             | 293058 | 308718 | 324141 | 332916 | 371848 |

'+'    combined data of erstwhile D & N Haveli UT and Daman & Diu UT for the years 2016 to 2019.

'*'     data of erstwhile Jammu & Kashmir State including Ladakh for the years 2016 to 2019.