Lok Sabha Question No. 2460 (UNSTARRED), answered on 2024-12-10
Subject: Funds for Prisons
Ministry: HOME AFFAIRS
Asked by: Ms Sayani Ghosh

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 2460

TO BE ANSWERED ON THE 10 TH  DECEMBER, 2024/ AGRAHAYANA 19, 1946 (SAKA)

FUNDS FOR PRISONS

2460.     Ms. SAYANI GHOSH:

Will the Minister of HOME AFFAIRS be pleased to state:

(a)  whether  several  States  have  not  received  any  prison-related  funds from  the  Government  during  the  last  five  years,  if  so,  the  total  funds allocated, utilised and released to the States for prison reform;

(b) whether the prisons are overcrowded by 131% in the country, if so, the steps  taken  by  the  Government  to  reduce  the  overcrowding  during  the said period; and

(c) whether the Government has any proposal for the construction of new jails  in  the  country and improve the conditions of jails, if so, the details thereof?

## ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI BANDI SANJAY KUMAR)

(a): During the last five financial years, the Ministry of Home Affairs has allocated/released  Rs.  275  crores  to  the  States  and  Union  Territory Administrations (UTs) for technological upgradation of prison management.

(b): The National Crime Records Bureau (NCRB) compiles prison statistics reported to it by the States and UTs and publishes the same in its   annual   publication  'Prison  Statistics  India'.  The  latest  published

report is of the year 2022. As on 31 st  December, 2022, as against the total available capacity of 4,36,266 inmates, 5,73,220 prisoners were lodged in the jails of the country.

'Prisons'/'persons detained therein' is a 'State List' subject under List II of the Seventh Schedule to the Constitution of India. The administration and management of prisoners, including the issue of addressing overcrowding in  prisons,  is  therefore,  the  responsibility  of  respective  States/UTs. However, the Ministry of Home Affairs has taken the following initiatives for addressing the issue of overcrowding in prisons:

- (i) The  Code  of  Criminal  Procedure  (CrPC)  has  been  replaced  by  the Bharatiya  Nagarik  Suraksha  Sanhita,  2023,  which  has  come  into  force with effect from 1 st  July 2024. Section 479 (1) of the BNSS provides that 'where  a  person  has,  during  the  period  of  investigation,  inquiry  or  trial under this Sanhita of an offence under any law (not being an offence for which the punishment of death or life imprisonment has been specified as one of the punishments under that law) undergone detention for a period extending up to one-half of  the  maximum  period  of  imprisonment specified  for  that  offence  under  that  law,  he  shall  be  released  by  the Court on bail.'

The Proviso under Section 479 (1) of the BNSS provides further relief to first time offenders/undertrial  prisoners  and  provides   that  where  such

person  is  a  first-time  offender  (who  has  never  been  convicted  of any offence in the past) he shall be released on bond by the Court, if he has undergone  detention  for  the  period  extending  up  to  one-third  of  the maximum period of  imprisonment  specified  for  such  offence  under  that law.

A new provision has been made in BNSS, 2023 under Section 479(3) which provides  that  the  Superintendent  of  jail,  where  the  accused  person  is detained, on completion of one-half or one-third of the period mentioned in sub-section  (1)  of  BNSS,  as  the  case  may  be,  shall  forthwith  make  an application in writing to the Court for the release of such person on bail.

- (ii) Chapter  XXIII  of  the  Bharatiya  Nagarik  Suraksha  Sanhita,  2023 enables pre-trial negotiation between the defendant and the prosecution. This is a  means by which the defendant can receive a lighter sentence and is cost effective, saves time of both defendant and the Court and the case gets quickly disposed of.
- (iii) The  National  E-prisons  portal  provides  facility  to  the  State  Jail authorities to access the data of inmates in a quick and efficient manner, which  helps  them  in  identifying  the  inmates  whose  cases  are  due  for consideration by the Under Trial Review Committees.
- (iv) The  National  Legal  Services  Authority  (NALSA)  holds  awareness camps  in  jails  to  generate awareness about the availability of free legal

aid,  plea  bargaining,  Lok  Adalats  and  legal  rights  of  inmates,  including their right to bail. The State Legal Services Authorities have established Legal Service Clinics in jails, who provide free legal assistance to persons in  need. These clinics have been established to ensure that no prisoner remains unrepresented and legal aid and advice is provided to them.

(v) The  Model  Prison  Manual  2016  circulated  to  all  States/UTs  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.

(vi) The Ministry of Home Affairs has also issued various advisories to States and UTs for adopting appropriate measures to address the issue of overcrowding in prisons. These  advisories are available on  MHA's website.

(c): Prisons being a 'State-List' subject, the States and Union Territories are competent to establish new jails/barracks in their respective jurisdictions as per the need and requirement of the same and for taking appropriate action for improving the conditions of jails, etc.

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