(a) whether the Government has any mechanism to reduce overcrowding of prisons in the country;
(b) if so,the details thereof;
(c) whether the Government has implemented the Probation of Offenders Act,1958 to reduce
overcrowding in prisons;and
(d) if so,the total number of cases under trial/pending for trial under the said Act in the
country?
MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS(DR. SHAKEEL AHMAD)
(a) & (b): `Prisons` is a State subject under List II of the Seventh Schedule to the Constitution
and Prison Administration is the responsibility of the State Governments.However,in order to
improve the condition of prisons and prisoners,the Central Government started a non-plan scheme in
2002-03 for construction of additional prisons/barracks to reduce overcrowding,repair and
renovation of existing prisons,improvement in sanitation and water supply & living conditions of
prisoners as also accommodation for prison staff. The scheme is being implemented over a period of
five years with a total outlay of R.s 1800 crore on cost sharing basis in the ratio of 75:25
between the Central and State Governments respectively.The scheme has since been extended upto
31.3.2009.
With a view to reduce the overcrowding in jails,the Government of India has also taken following
measures:
(i) amendment in Code of Criminal Procedure,1973 by inserting a new article viz 436A which
provide that where an undertrial Prisoner other than the one accused of an offence for which death
has been prescribed as one of the punishments,has been under detention for a period extending to
one-half of the maximum period of imprisonment,provided for the alleged offence,he should be
released on his personal bond,with or without sureties.It also provides that in no case will an
undertrial prisoner be detained beyond the maximum period of imprisonment for which he can be
convicted for the alleged offence.Further,Section 436 (1) of the Code of Criminal Procedure,1973
has also been amended to make a mandatory provision that if the arrested person is accused for a
bailable offence and he is an indigent and cannot furnish surety,the Court shall release him on
his execution of a bond without sureties.
(ii) Introduction of scheme of Plea Bargaining
Considering the demand of various States for granting further financial assistance for construction
of new jails/additional barracks so as to address the problem of overcrowding,the Ministry of Home
Affairs has initiated the process of formulating second phase of the scheme of modernization of
prisons.Necessary steps are being taken in this regard in consultation with the Ministry of
Finance.
(c) Yes sir.The Probation of Offenders Act, 1958 is implemented by the State Governments/Union
Territories.
(d) The data relating to cases of undertrial/pending trial under the Probation of Offenders Act is
not maintained centrally by Government of India.