Lok Sabha Question No. 3032 (UNSTARRED), answered on 2022-03-22
Subject: Undertrials Lodged in Prisons
Ministry: HOME AFFAIRS
Asked by: Sanjay Seth

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 3032

TO BE ANSWERED ON THE 22 ND  MARCH, 2022/ CHAITRA 1, 1944 (SAKA)

UNDERTRIALS LODGED IN PRISONS

†3032. SHRI SANJAY SETH:

Will the Minister of HOME AFFAIRS be pleased to state:

(a)  the  number  of  undertrials  lodged  in  prisons  across  the  country,  State-wise including Jharkhand;

- (b) whether the Government is considering regarding undertrials who are lodged in the prisons for five to ten years; and

(c)  the  steps  being  taken/schemes  being  formulated  by  the  Government  to deliver social justice to socially backward people who are lodged in prisons?

## 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  number  of  undertrial  prisoners  in  the  jails  of  the country as on 31 st  December, 2020 are given in Annexure.

(b) and (c): Undertrial prisoners are detained in the prisons as per the order of the Courts by following due process of law. 'Prisons'/'persons detained therein' is

## L.S.US.Q.No. 3032 FOR 22.03.2022

a  'State'  subject  under  Entry  4  of  List  II  of  the  Seventh  Schedule  to  the Constitution of India. Administration and management of prison inmates is the responsibility  of  respective  State  Governments,  who  are  competent  to  devise and  implement  appropriate  policies  for  ensuring  social  justice  to  inmates  in prisons,  including  socially  backward  inmates.  The  Ministry  of  Home  Affairs (MHA) has taken various initiatives to address the issue of undertrial prisoners lodged in the jails of the country. The Ministry of Home Affairs (MHA) has issued several  advisories  to  States  and  UTs  for  adopting  appropriate  measures  to provide legal assistance to undertrial 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 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

## L.S.US.Q.No. 3032 FOR 22.03.2022

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. 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 has been circulated by  MHA  to  all  States  and  UTs.  State  Legal  Services Authorities have established Legal Service Clinics in jails for providing free legal aid to persons in need. About 1091 Legal Service Clinics have been established in jails which are operated by Empanelled Legal Services Advocates and trained Para-Legal Volunteers.

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## State/UT-wise number of Undertrial prisoners in the jails of the country as on 31 st December, 2020

| Sl.   | State/UT          |   As on 31.12.2020 |
|-------|-------------------|--------------------|
| 1     | ANDHRA PRADESH    |               5001 |
| 2     | ARUNACHAL PRADESH |                127 |
| 3     | ASSAM             |               6495 |
| 4     | BIHAR             |              44187 |
| 5     | CHHATTISGARH      |              11963 |
| 6     | GOA               |                419 |
| 7     | GUJARAT           |              10195 |
| 8     | HARYANA           |              14951 |
| 9     | HIMACHAL PRADESH  |               1574 |
| 10    | JHARKHAND         |              17103 |
| 11    | KARNATAKA         |              10577 |
| 12    | KERALA            |               3569 |
| 13    | MADHYA PRADESH    |              31712 |
| 14    | MAHARASHTRA       |              26171 |
| 15    | MANIPUR           |                506 |
| 16    | MEGHALAYA         |                821 |
| 17    | MIZORAM           |                609 |
| 18    | NAGALAND          |                261 |
| 19    | ODISHA            |              15619 |
| 20    | PUNJAB            |              15643 |
| 21    | RAJASTHAN         |              16930 |
| 22    | SIKKIM            |                328 |
| 23    | TAMIL NADU        |               8709 |
| 24    | TELANGANA         |               3946 |
| 25    | TRIPURA           |                472 |
| 26    | UTTAR PRADESH     |              80557 |
| 27    | UTTARAKHAND       |               3906 |
| 28    | WEST BENGAL       |              20144 |
| 29    | A & N ISLANDS     |                194 |
| 30    | CHANDIGARH        |                619 |
| 31    | D N H & DAMAN DIU |                138 |
| 32    | DELHI             |              14506 |
| 33    | JAMMU & KASHMIR   |               3717 |
| 34    | LADAKH            |                 21 |
| 35    | LAKSHADWEEP       |                  2 |
| 36    | PUDUCHERRY        |                156 |
|       | TOTAL (ALL-INDIA) |             371848 |