Lok Sabha Question No. 465 (UNSTARRED), answered on 2024-02-06
Subject: Prison Capacity
Ministry: HOME AFFAIRS
Asked by: Abhishek Banerjee

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 465

TO BE ANSWERED ON THE 6 TH  FEBRUARY, 2024/ MAGHA 17, 1945 (SAKA)

PRISON CAPACITY

465.   SHRI ABHISHEK BANERJEE:

Will the Minister of HOME AFFAIRS be pleased to state:

(a) the maximum prison capacity of the country;

(b) the current population of prisons in the country; and

(c) the steps being taken to remedy the same?

ANSWER

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

(a)  &  (b):  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 2022. As on 31.12.2022, the total available  capacity  of  all  prisons  in  the  country  was  4,36,266  as against which 5,73,220 prisoners were lodged therein.

(c):  'Prisons'/'persons  detained  therein'  is  a  'State  List'  subject  under Entry  4  of  List  II  of  the  Seventh  Schedule  to  the  Constitution  of  India. Administration and management of prisons is, therefore, the responsibility of  respective  State  Governments  who  are  competent  to  ensure  that prisons in their jurisdictions are not overcrowded.

The initiatives taken by the Ministry of Home Affairs to address the issue of overcrowding in prisons are as follows:

- (i) The  Government  of  India  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 period extending up to one half of the maximum period of imprisonment specified for an offence under any law.
- (ii) The  concept of  plea  bargaining  has  been  introduced  by  inserting  a 'Chapter XXIA' on 'Plea Bargaining' (Sections 265A to 265L) in the Code of Criminal Procedure, 1973, which enables pre-trial negotiation between the defendant and the prosecution.
- (iii) 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 efficient manner and helps them in identifying the inmates whose cases are due for consideration by the Under Trial Review Committee, etc.
- (iv) The  Model  Prison  Manual  2016  circulated  to  all  States/  Union Territories has specific chapters on 'Legal Aid' and 'Undertrial Prisoners', etc,  which  provide  detailed  guidelines  on  the  facilities  which  may  be provided  to  undertrial  inmates,  namely  legal  defence,  interview  with lawyers, application to Courts for legal aid at Government cost etc.

The State Legal Services Authorities have established Legal Service Clinics  in  jails,  which  provide  free  legal  assistance  to  persons  in  need. These  Legal  Service  Clinics  are  managed  by  Empanelled  Legal  Services Advocates  and  trained  Para-Legal  Volunteers.  These  clinics  have  been established  to  ensure  that  no  prisoner  remains  unrepresented  and  legal aid and advice is provided to them. National Legal Services Authority holds awareness  generation camps  in  jails to  generate  awareness  about availability of free legal aid, plea bargaining, Lok Adalats and legal rights of inmates, including their right to bail, etc.

The  National  Legal  Services  Authority  had  prepared  a  Standard Operating Procedure (SOP) for Under-Trial Review Committees, which has been circulated by MHA to all States/Union Territories for making best use of the same and provide relief to prisoners.

States/UTs have been advised to make use of the above guidelines/guidance  to  address  the  issue  of  overcrowding  in  prisons, through various advisories issued from time to time.

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