MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS
(SHRI G. KISHAN REDDY)
(a): National Crime Records Bureau (NCRB) compiles prison statistics reported to it by States and Union Territories (UTs) and publishes it in its annual report “Prison Statistics India”. The latest published report is of the year 2019. Category-wise details of the undertial prisoners in the jails of States and UTs as on 31st December, 2019 are given in Annexure-I.
(b): State/UT wise details of undertrial prisoners lodged in prisons for more than 5 years are given in Annexure-II. Details of undertrial prisoners lodged in jails for more than 10 years and 15 years is not maintained by NCRB.
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L.S.US.Q NO. 2426 FOR 09.03.2021
(c): Category-wise details of convicted prisoners in the jails of States and UTs as on 31st December, 2019 are given in Annexure-III.
(d): Undertrials are detained in prisons as per the order of the Courts and by following due process of law. ‘Prisons’ and ‘persons detained therein’ are State subjects under Entry 4 of List II of the Seventh Schedule to the Constitution of India. Administration and management of prisons is the responsibility of respective State Governments. However, the Ministry of Home Affairs has taken various steps to address the issues relating to undertrial prisoners. Section 436A has been inserted in the Code of Criminal Procedure, 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 (not being an offence for which the punishment of death has been specified as one of the punishments under that law). 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 easy manner and helps them in identifying inmates whose cases are due for consideration by the Under Trial Review Committee. State Legal Services Authorities have established Legal Service Clinics in Jails and have deployed Para Legal Volunteers with a view to provide free legal assistance to persons in need.
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On directions of the Hon’ble Supreme Court of India, National Legal Services Authority (NALSA) had prepared a Standard Operating Procedure (SOP) for Under-Trial Review Committees. This SOP was also circulated by the Ministry of Home Affairs to all States and UTs on 18th February 2019. The Model Prison Manual 2016 circulated to all States and UTs also has a Chapter on ‘Legal Aid’ which provides the details of facilities that are to be provided to undertrials, viz. legal defence, interview with lawyer, signing of Vakaltatnama, application to Courts for legal aid at Government cost etc. The Ministry of Home Affairs has also issued various advisories to States & UTs to adopt various measures to reduce overcrowding in prisons and addressing the issue of undertrials. These advisories are available on MHA’s website: https://mha.gov.in/ .
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