Lok Sabha Question No. 2006 (UNSTARRED), answered on 2023-08-01
Subject: Undertrial Prisoners
Ministry: HOME AFFAIRS
Asked by: Omprakash Bhupalsinh alias Pawan Rajenimbalkar, Arvind Ganpat Sawant

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 2006

TO BE ANSWERED ON THE 1 ST  AUGUST, 2023/ SRAVANA 10, 1945 (SAKA)

UNDERTRIAL PRISONERS

†2006.   SHRI OMPRAKASH BHUPALSINH ALIAS PAWAN RAJENIMBALKAR: SHRI ARVIND GANPAT SAWANT:

Will the Minister of HOME AFFAIRS be pleased to state:

(a)  the  total  number  of  prisoners  who  are  under  trials  and  whose  trials have  not  started  in  the  country  and  the  reasons  for  pendency  of  such cases;

(b) the total number of such prisoners who are from marginalized group;

(c)  the  details  and  number  of  such  prisoners  who  are  ordinary  citizens without having any classification like celebrities;

(d) whether there is any criteria for speedy trials of cases in the country and if so, the details thereof; and

(e) the status of undertrials affects the speed of justice in the country?

ANSWER

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

(a) to (c): The  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  2021.  A total of 4,27,165  undertrial

prisoners  were  lodged  in  the  jails  of  the  country  as  on  31.12.2021. Specific data on the number of prisoners whose trial has not started and prisoners  who  are  from  marginalized  section,  etc.  is  not  maintained  by NCRB.

(d) & (e): There are various provisions in the Code of Criminal Procedure (CrPC),  1973  for  ensuring  speedy  trial  in  certain  cases  like  time-bound completion of trial in rape, sexual offences against children, etc. There is also a provision of setting up Exclusive Special Courts in the Scheduled Castes  and  the  Scheduled  Tribes  (Prevention  of  Atrocities)  Act,  1989, Protection  of Children from  Sexual  Offences  Act,  etc.  The  Central Government has implemented a Centrally Sponsored Scheme for setting up Fast Track Special Courts for speedy disposal of cases related to rape and Protection of Children from Sexual Offences, Act.

'Police',  'Public  Order',  'Prisons'  and  'persons  detained  therein'  are State subjects under List II of the Seventh Schedule to the Constitution of India.  Addressing  the  issue  of  undertrials,  facilitating  speedy  trial  of cases, etc is therefore the responsibility of respective State Governments in whose jurisdiction a person is arrested. However, the Ministry of Home Affairs  has  taken  various  steps  and  initiatives  to  address  the  issues relating to undertrial prisoners.

## L.S.US.Q.N.O. 2006 FOR 01.08.2023

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.

The Ministry of Home Affairs has also issued various advisories to States  &  UTs  to  adopt  various  measures  for  addressing  the  issue  of undertrials. These advisories are available on MHA's website: https://mha.gov.in/

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