Lok Sabha Question No. 259 (UNSTARRED), answered on 2023-12-05
Subject: Overcrowding in Jails
Ministry: HOME AFFAIRS
Asked by: Lallu Singh

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 259

TO BE ANSWERED ON THE 5 TH  DECEMBER, 2023/ AGRAHAYANA 14, 1945 (SAKA)

OVERCROWDING IN JAILS

259. SHRI LALLU SINGH:

Will the Minister of HOME AFFAIRS be pleased to state:

(a)  the  details  of  the  scheme  formulated  by  the  Government  to  address overcrowding in jails and support the poor prisoners;

(b) the guidelines for implementation of the said scheme; and

(c) the details and status of implementation of the scheme?

## ANSWER

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

(a)  to  (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.  The  administration  and  management  of  prisons  and  prisoners  is therefore  the  responsibility  of  respective  State  Governments  and  Union Territories (UTs). 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

## L.S.US.Q.NO. 259 FOR 05.12.2023

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 'Under trial Prisoners',  etc,  which  provide  detailed  guidelines  on the  facilities  which may be provided to under trial  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

## L.S.US.Q.NO. 259 FOR 05.12.2023

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.

With the objective of providing financial assistance to poor prisoners, the Ministry of Home Affairs recently prepared a scheme namely 'Support to  Poor  Prisoners', which aims at providing relief to poor prisoners, who are  unable  to  pay  the  fine  amount  or  are  unable  to  secure  bail  due  to financial constraints.

'Guidelines and Standard Operating Procedure' to be followed by the States/UTs for implementation of the scheme have been shared with the

## L.S.US.Q.NO. 259 FOR 05.12.2023

State  Governments  and  Union  Territory  Administrations,  who  have  been advised  to  constitute  an  'Empowered  Committee'  in  each  District  of  the State/UT, which will assess the requirement of financial support in each eligible  case  of  a  prisoner  for  securing  bail  or  for  payment  of  fine,  etc. Based on the decision of the Empowered  Committee,  the District Collector/District Magistrate will draw appropriate funds made available by the  Central  Government  under  this  Scheme  and  will  provide  financial assistance  to the  prisoner.  The  'Guidelines  and  Standard  Operating Procedure'  for  implementation  of  the  Scheme  are  available  on  MHA's website: www.mha.gov.in .

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