Lok Sabha Question No. 2244 (UNSTARRED), answered on 2022-03-15
Subject: Under-Trials in Prisons
Ministry: HOME AFFAIRS
Asked by: Asaduddin Owaisi

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 2244

TO BE ANSWERED ON THE 15 TH  MARCH, 2022/ PHALGUNA 24, 1943 (SAKA)

UNDER-TRIALS IN PRISONS

2244.     SHRI ASADUDDIN OWAISI:

Will the Minister of HOME AFFAIRS be pleased to state:

(a)  whether  it  is  a  fact  that  the  number  of  undertrials  in  prisons  rose sharply in 2020 and the number of convicts fell;

(b) if so, the details thereof State-wise;

(c) the number of States which have shown highest increase in under-trails during 2020 as compared to 2019 along with the reasons therefor;

(d) whether it is a fact that due to closure of courts and virtual hearing and Covid 19 are responsible for increase in under-trails in prisons; and

(e) the steps taken or being taken by the Government in consultation with States to increase court hearing in regard to these under-trails?

## 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  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  number  of convicts and undertrial prisoners in the jails of the country in last three years are given in Annexure.

(d) & (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 prisoners is the responsibility of State Governments, who are competent to take appropriate steps for providing assistance to undertrial prisoners. State Legal Services Authorities have established Legal Service Clinics in jails with a view to provide free legal assistance to persons in need. There are about 1091 Legal Service Clinics in jails  which are operated by Empanelled Legal Services Advocates and trained  Para-Legal  Volunteers.  Such  clinics  have  been  opened  in  jails  to ensure that no prisoner remains unrepresented and legal aid and advice is provided to the prisoners. For easing and expediting the justice process, Video Conferencing facility has been enabled between 3240 court complexes and 1272  corresponding  jails.  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. 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 circulated by the Ministry of Home Affairs (MHA) to all States and UTs. The Ministry  of  Home  Affairs  has  also  issued  various  advisories  to  States  & UTs to  adopt  various  measures  for  addressing  the  issues  related  to  the undertrials. These advisories are available on MHA's website: https://mha.gov.in.

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## L.S.US.Q.NO.2244 FOR 15.03.2022

State/UT-wise Number of Convicts and Undertrial prisoners lodged in Jails as on 31 st December, 2018, 2019 and 2020

| Sl. No.   | State/UT            | Convicts         | Convicts         | Convicts         | Undertrial prisoners   | Undertrial prisoners   | Undertrial prisoners   |
|-----------|---------------------|------------------|------------------|------------------|------------------------|------------------------|------------------------|
| Sl. No.   | State/UT            | As on 31.12.2018 | As on 31.12.2019 | As on 31.12.2020 | As on 31.12.2018       | As on 31.12.2019       | As on 31.12.2020       |
| 1         | ANDHRA PRADESH      | 2745             | 2788             | 2360             | 4201                   | 4769                   | 5001                   |
| 2         | ARUNACHAL PRADESH   | 127              | 141              | 126              | 118                    | 106                    | 127                    |
| 3         | ASSAM               | 3196             | 3096             | 2779             | 5079                   | 6130                   | 6495                   |
| 4         | BIHAR               | 7188             | 8525             | 7741             | 31488                  | 31275                  | 44187                  |
| 5         | CHHATTISGARH        | 8337             | 8262             | 6102             | 10137                  | 9829                   | 11963                  |
| 6         | GOA                 | 149              | 149              | 105              | 286                    | 369                    | 419                    |
| 7         | GUJARAT             | 4566             | 4592             | 3853             | 9962                   | 9799                   | 10195                  |
| 8         | HARYANA             | 7067             | 7236             | 3338             | 12176                  | 13160                  | 14951                  |
| 9         | HIMACHAL PRADESH    | 866              | 948              | 853              | 1388                   | 1425                   | 1574                   |
| 10        | JHARKHAND           | 4973             | 5871             | 5084             | 15629                  | 12759                  | 17103                  |
| 11        | KARNATAKA           | 3817             | 3997             | 3688             | 10109                  | 10500                  | 10577                  |
| 12        | KERALA              | 2689             | 3131             | 2426             | 4905                   | 4330                   | 3569                   |
| 13        | MADHYA PRADESH      | 18626            | 20253            | 13652            | 23123                  | 24157                  | 31712                  |
| 14        | MAHARASHTRA         | 8908             | 9096             | 5550             | 26898                  | 27557                  | 26171                  |
| 15        | MANIPUR             | 96               | 115              | 105              | 816                    | 758                    | 506                    |
| 16        | MEGHALAYA           | 119              | 160              | 178              | 814                    | 861                    | 821                    |
| 17        | MIZORAM             | 714              | 597              | 437              | 963                    | 1097                   | 609                    |
| 18        | NAGALAND            | 115              | 118              | 95               | 304                    | 314                    | 261                    |
| 19        | ODISHA              | 3833             | 3725             | 3245             | 12649                  | 13803                  | 15619                  |
| 20        | PUNJAB              | 8539             | 8172             | 2779             | 13904                  | 15949                  | 15643                  |
| 21        | RAJASTHAN           | 5614             | 6189             | 5131             | 14501                  | 15378                  | 16930                  |
| 22        | SIKKIM              | 164              | 145              | 124              | 223                    | 255                    | 328                    |
| 23        | TAMIL NADU          | 3694             | 4223             | 4161             | 9235                   | 9244                   | 8709                   |
| 24        | TELANGANA           | 2063             | 2088             | 1910             | 3194                   | 4384                   | 3946                   |
| 25        | TRIPURA             | 513              | 530              | 395              | 527                    | 568                    | 472                    |
| 26        | UTTAR PRADESH       | 28660            | 27612            | 26734            | 75206                  | 73418                  | 80557                  |
| 27        | UTTARAKHAND         | 2087             | 2256             | 2063             | 3224                   | 3373                   | 3906                   |
| 28        | WEST BENGAL         | 6421             | 6695             | 5367             | 17082                  | 18907                  | 20144                  |
|           | TOTAL (STATES)      | 135886           | 140710           | 110381           | 308141                 | 314474                 | 352495                 |
| 29        | A & N ISLANDS       | 81               | 112              | 137              | 103                    | 132                    | 194                    |
| 30        | CHANDIGARH          | 440              | 404              | 349              | 595                    | 580                    | 619                    |
| 31        | D N H & DAMAN DIU + | 16               | 16               | 15               | 82                     | 92                     | 138                    |
| 32        | DELHI               | 2923             | 3044             | 1470             | 12470                  | 14382                  | 14506                  |
| 33        | JAMMU & KASHMIR *   | 232              | 209              | 159              | 2568                   | 3075                   | 3717                   |
| 34        | LADAKH              | -                | -                | 5                | -                      | -                      | 21                     |
| 35        | LAKSHADWEEP         | 0                | 0                | 1                | 1                      | 4                      | 2                      |
| 36        | PUDUCHERRY          | 78               | 72               | 72               | 181                    | 177                    | 156                    |
|           | TOTAL (UTs)         | 3770             | 3857             | 2208             | 16000                  | 18442                  | 19353                  |
|           | TOTAL (ALL-INDIA)   | 139656           | 144567           | 112589           | 324141                 | 332916                 | 371848                 |

'+'    combined data of erstwhile D & N Haveli UT and Daman & Diu UT for the year 2018 and 2019.

'*'     data of erstwhile Jammu & Kashmir State including Ladakh for the year 2018 and 2019.