Lok Sabha Question No. 2308 (UNSTARRED), answered on 2021-03-09
Subject: Speedy Trial in Criminal Cases
Ministry: HOME AFFAIRS
Asked by: Gowdar Mallikarjunappa Siddeshwara

## GOVERNMENT OF INDIA

## MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 2308

TO BE ANSWERED ON THE 09 TH  MARCH, 2021/ PHALGUNA 18, 1942 (SAKA)

SPEEDY TRIAL IN CRIMINAL CASES

2308. SHRI G.M. SIDDESHWAR:

Will the Minister of HOME AFFAIRS be pleased to state:

- (a) whether it is a fact that most of the undertrial prisoners in the jails of the country are imprisoned in criminal cases;
- (b) if so, whether fast and speedy hearings of the criminal cases would not only  assure  the  basic  rights  provided  by  the  Constitution  but  will  also lessen the burden on the jails; and
- (c) if so, the policy-related measures taken/being taken by the Government towards the fast and speedy hearings of criminal cases?

## ANSWER

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

Undertrial  prisoners  are  detained  in  prisons  as  per  the  order  of  the

(a): Courts and by following due process of law.

- (b): Yes, Sir.

(c): 'Prisons' and 'persons detained therein' are State subjects under Entry 4 of List II of the Seventh  Schedule  to the Constitution of India.

Administration   and   management   of   prisons   is   therefore  the  primary

## L.S.US.Q.NO. 2308 FOR 09.03.2021

responsibility  of  respective  State  Governments.  However,  the  Ministry  of Home Affairs  has  also  taken  various  steps  and  initiatives  to  address  the issues relating to  undertrial prisoners. Section 436A has been inserted in the Code of Criminal Procedure, which provides for release of an under-trial prisoner on bail on undergoing detention for a period extending up to onehalf of the maximum period of imprisonment specified for an offence under any law (not being an offence for which the punishment of death has been specified  as  one  of  the  punishments  under  that  law).  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  inmates  in  a  quick  and  easy  manner  and  helps  them  in identifying  inmates  whose  cases  are  due  for  consideration  by  the  Under Trial Review Committee. State Legal Services Authorities have established Legal Service Clinics in Jails and have deployed Para Legal Volunteers with a view to provide free legal assistance to persons in need.  On directions of the  Hon'ble  Supreme  Court  of  India,  National  Legal  Services  Authority (NALSA)  had  prepared  a  Standard  Operating  Procedure  (SOP)  for  UnderTrial  Review  Committees.   This SOP was also circulated by the Ministry of

## L.S.US.Q.NO. 2308 FOR 09.03.2021

Home Affairs  to all    States  and  UTs  on  18th  February  2019.      The  Model Prison Manual 2016 circulated to all States and UTs also has a Chapter on 'Legal Aid' which provides the details of facilities that are to be provided to undertrials, viz. legal defence, interview with lawyer, signing of Vakaltatnama, application to Courts for legal aid at Government cost etc. The Ministry of Home Affairs has also issued various advisories to States & UTs  to  adopt  various  measures  to  reduce  overcrowding  in  prisons  and addressing  the  issue  of  undertrials.  These  advisories  are  available  on MHA's website: https://mha.gov.in/ .

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