Lok Sabha Question No. 5381 (UNSTARRED), answered on 2022-04-05
Subject: Assessment on Prisons
Ministry: HOME AFFAIRS
Asked by: Ramcharan Bohra

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA

## UNSTARRED QUESTION NO. 5381

TO BE ANSWERED ON THE 05 TH  APRIL, 2022/ CHAITRA 15, 1944 (SAKA)

ASSESSMENT ON PRISONS

†5381.      SHRI RAMCHARAN BOHRA:

Will the Minister of HOME AFFAIRS be pleased to state:

- (a)  whether  the  Government  has  made  any  assessment  to  examine  that  the prisons in the country are overcrowded;
- (b) if so, the details thereof along with the reasons therefor;
- (c) the details of the capacity of the prisons in the country along with the total number of the prisoners therein, State-wise;
- (d) the details of the international prisoners in the country, country-wise; and
- (e) the steps taken by the Government to ensure that the prisons in the country may not be overcrowded?

## ANSWER

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

- (a)  to  (c):  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 the capacity of prisons in the country and inmate population as on 31 st  December, 2020 are given in Annexure-I.
- (d):  Country-wise  details  of  number  of  foreign-origin  convicts  and  undertrials lodged  in  prisons  across  the  country  as  on  31 st   December,  2020  are  given  in Annexure-II.

## LS.US.Q.NO. 5381 FOR 05.04.2022

(e): 'Prisons'/'persons detained therein' is a State subject under Entry 4 of List II of  the  Seventh  Schedule  to  the  Constitution  of  India.  Administration  and management of prisons and prisoners is the responsibility of respective State Governments who are competent to take appropriate steps for ensuring that the prisons are not overcrowded. However, the Ministry of Home Affairs (MHA) has taken  various  initiatives  to  address  the  issue  of  overcrowding  in  prisons. 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  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 been specified as one of the punishments under that 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.    Eprisons  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.  On  directions  of  the  Hon'ble  Supreme  Court  of  India, National Legal Services Authority (NALSA) had prepared a Standard Operating Procedure   (SOP)   for   Under-Trial   Review   Committees.  This  SOP  was  also

## LS.US.Q.NO. 5381 FOR 05.04.2022

circulated  by  MHA  to  all  States  and  UTs.  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  for  adopting  various  measures  to  reduce overcrowding in prisons.

## LS.US.Q.NO. 5381 FOR 05.04.2022

## Annexure-I

## State/UT-wise details of the capacity of prisons in the country and inmate population as on 31 st December, 2020

| Sl. No   | State/UT          |   Available Capacity |   Inmate Population |
|----------|-------------------|----------------------|---------------------|
| 1        | ANDHRA PRADESH    |                 8760 |                7375 |
| 2        | ARUNACHAL PRADESH |                  333 |                 253 |
| 3        | ASSAM             |                 8938 |                9274 |
| 4        | BIHAR             |                45862 |               51934 |
| 5        | CHHATTISGARH      |                13704 |               18068 |
| 6        | GOA               |                  624 |                 524 |
| 7        | GUJARAT           |                13762 |               15217 |
| 8        | HARYANA           |                19306 |               18309 |
| 9        | HIMACHAL PRADESH  |                 2264 |                2427 |
| 10       | JHARKHAND         |                17333 |               22190 |
| 11       | KARNATAKA         |                14550 |               14308 |
| 12       | KERALA            |                 7321 |                6049 |
| 13       | MADHYA PRADESH    |                28675 |               45484 |
| 14       | MAHARASHTRA       |                24722 |               31825 |
| 15       | MANIPUR           |                 1272 |                 625 |
| 16       | MEGHALAYA         |                  650 |                1007 |
| 17       | MIZORAM           |                 1623 |                1049 |
| 18       | NAGALAND          |                 1450 |                 391 |
| 19       | ODISHA            |                20819 |               18881 |
| 20       | PUNJAB            |                23776 |               18470 |
| 21       | RAJASTHAN         |                22907 |               22063 |
| 22       | SIKKIM            |                  260 |                 452 |
| 23       | TAMIL NADU        |                23592 |               14302 |
| 24       | TELANGANA         |                 7845 |                6114 |
| 25       | TRIPURA           |                 2179 |                 870 |
| 26       | UTTAR PRADESH     |                60685 |              107395 |
| 27       | UTTARAKHAND       |                 3540 |                5969 |
| 28       | WEST BENGAL       |                21476 |               25863 |
| 29       | A & N ISLANDS     |                  309 |                 331 |
| 30       | CHANDIGARH        |                 1120 |                 968 |
| 31       | D N H & DAMAN DIU |                  130 |                 157 |
| 32       | DELHI             |                10026 |               15995 |
| 33       | JAMMU & KASHMIR   |                 3660 |                4105 |
| 34       | LADAKH            |                   80 |                  26 |
| 35       | LAKSHADWEEP       |                   64 |                   3 |
| 36       | PUDUCHERRY        |                  416 |                 238 |
|          | TOTAL (ALL-INDIA) |               414033 |              488511 |

## LS.US.Q.NO. 5381 FOR 05.04.2022

## Annexure-II

## Country-wise details of number of foreign-origin convicts and undertrials lodged in prisons across the country as on 31 st December, 2020

| SI. No.   | Nationality/Country                                     |   Number of foreign- origin Convicts |   Number of foreign- origin Undertrials |
|-----------|---------------------------------------------------------|--------------------------------------|-----------------------------------------|
| 1         | Africa (other than Nigeria)                             |                                   19 |                                     114 |
| 2         | Australia                                               |                                    1 |                                       4 |
| 3         | Bangladesh                                              |                                  529 |                                    1630 |
| 4         | Canada                                                  |                                   14 |                                      14 |
| 5         | China                                                   |                                    6 |                                      14 |
| 6         | Commonwealth of Independent States (Russian Federation) |                                    1 |                                      12 |
| 7         | Japan                                                   |                                    0 |                                       1 |
| 8         | Maldives                                                |                                    0 |                                       4 |
| 9         | Mauritius                                               |                                    0 |                                       1 |
| 10        | Middle East Countries                                   |                                    8 |                                       6 |
| 11        | Myanmar                                                 |                                   83 |                                     152 |
| 12        | Nepal                                                   |                                  206 |                                     463 |
| 13        | Nigeria                                                 |                                   94 |                                     615 |
| 14        | North American Countries (other than Canada)            |                                    2 |                                       5 |
| 15        | Pakistan                                                |                                   78 |                                     107 |
| 16        | South American Countries                                |                                    5 |                                      41 |
| 17        | South East Asian Countries                              |                                    7 |                                      16 |
| 18        | Sri Lanka                                               |                                   31 |                                      48 |
| 19        | Other Foreign Nationals                                 |                                   56 |                                     220 |
|           | Total                                                   |                                 1140 |                                    3467 |