Lok Sabha Question No. 408 (UNSTARRED), answered on 2021-11-30
Subject: Report of NCRB on Overcrowded Prisons
Ministry: HOME AFFAIRS
Asked by: Manish Tewari

## GOVERNMENT OF INDIA

## MINISTRY OF HOME AFFAIRS

## LOK SABHA

## UNSTARRED QUESTION NO. 408

TO BE ANSWERED ON THE 30 th  NOVEMBER, 2021/AGRAHAYANA 9,1943 (SAKA) REPORT OF NCRB ON OVERCROWDED PRISONS

408. SHRI MANISH TEWARI:

Will the Minister of HOME AFFAIRS be pleased to state:

- (a) whether it is a fact that according to the latest Prison Statistics published by NCRB, there is a trend of overcrowding in prisons with an occupancy rate of 118 percent at the end of 2019;
- (b)  if  so,  the  reasons  for  not  constructing  any  prisons  to  accommodate  the increasing number of prisoners;
- (c) whether the Government is aware of reports of COVID-19 positive cases in several prisons which can be aggravated by the overcrowding, if so, the details thereof; and
- (d) whether the Government is aware of the fact that according to the report, around percent of the prisons are occupied by undertrials, if so, the measures underway to remedy the situation thereof?

## 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 States and Union Territories (UTs) and publishes the same in its annual publication 'Prison Statistics India'. The latest published report is of the year 2019.  As  on  31.12.2019,  as  against  the  available  capacity  of  4,03,739,  there were 4,78,600 prisoners in the jails of the country, with a national occupancy rate of 118.5% .

## LS.US.Q.NO. 408 FOR 30.11.2021

(b): 'Prisons'/'persons detained therein' are 'State-List' subjects under Entry 4 of List II of the Seventh Schedule to the Constitution of India. Administration and  management  of  prisons  and  inmates  is  the  responsibility  of  respective State  Governments,  who  are  competent  to  provide  more  accommodation  for inmates as per local need and requirement.

(c): In view of the Covid-19 pandemic, the Ministry of Home Affairs (MHA) had issued an advisory to all States and UTs on 12th March, 2020 advising them to take appropriate precautions and steps for preventing the spread of Covid-19 in prisons.  MHA  issued  another  comprehensive  advisory  on  management  of COVID-19 in prisons on 2.5.2020 whereby detailed guidelines and protocols to be followed in prisons were shared with all States and UTs. Hon'ble Supreme Court of India had also issued directions to all States and UTs in March 2020 and again in May 2021 to constitute High Powered Committees to determine which class of prisoners can be released on parole or interim bail in view of the Covid-19 situation with a view to reducing overcrowding in prisons.

(d): MHA has been taking various initiatives to address the issue of undertrial prisoners and to reduce overcrowding in prisons. The Government of India had inserted Section 436A in the Code of Criminal Procedure (CrPC), which provides for  release   of an   under-trial  prisoner   on bail  on  undergoing detention for a

## LS.US.Q.NO. 408 FOR 30.11.2021

period  extending  up  to  one  half  of  the  maximum  period  of  imprisonment specified for an offence under any law. The concept of plea bargaining was also 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  inmates  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  to  provide  free  legal  assistance  to  persons  in  need.  The  Model Prison Manual 2016 also has a Chapter on Legal Aid which provides the details of facilities which may be provided to undertrials. MHA has also issued various advisories to States & UTs for adopting various measures to address the issue of  undertrials  and  to  reduce  overcrowding  in  prisons.  These  advisories  are available on MHA's website at: https://mha.gov.in.

******