(a) whether the Government has received complaints with regard to lodging of undertrials
in various jails without completing the legal formalities;
(b) if so, the details thereof and the total number of such complaints received and the
action taken thereon during each of the last three years and the current year, State-wise; and
(c) the effective measures taken by the Government to ensure timely justice to the
undertrials?
MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI R.P.N. SINGH)
(a)&(b) “Prisons†is a State subject as per entry 4 of List II of the Seventh Schedule
to the Constitution of India. Therefore, the administration and management of prisons is
primarily the responsibility of the State Governments. None can be lodged in a jail as
per The Prisons Act 1894 without a custody warrant of the court. Hence the situation
does not arise.
(C) The Government have taken a number of measures for reducing the number of undertrials
like establishment of Fast Track Courts, introduction of plea bargaining, holding of Lok
Adalats, implementation of section 436 and 436A of Cr P.C release of undertrials under
section 4(3) of Probation of Offenders Act. An advisory regarding use of section 436A of
the Cr.P.C to reduce overcrowding of prisons by taking up cases of undertrials who have
completed one-fourth of the maximum sentence, has also been issued to States/UTs
on 17.1.2013.