Over 4 lakh undertrial cases pending with states, UTs: MoS Home in Parliament

The Union ministry of home affairs informed the Parliament on Wednesday that more than 4 lakh cases of undertrials were lying pending across states and Union Territories, citing data published by the National Crime Records Bureau (NCRB).

“The administration and management of prisoners is the responsibility of the state governments, who are competent to take appropriate steps for the welfare of undertrial prison inmates. However, the ministry of home affairs (MHA) has also been supplementing the efforts of state governments in this regard by way of issuing several advisories from time to time. The government of India has inserted Section 436A in the Code of Criminal Procedure (CrPC), which provides for the release of an undertrial prisoner on bail upon undergoing detention for a period extending up to one half of the maximum period of imprisonment specified for an offence under any law,” Union minister of state for home affairs Ajay Kumar Mishra said.

The query was raised by Nationalist Congress Party’s Fauzia Khan on whether the central government intended to take measures for the welfare of undertrials in the country.

Mishra also said the government has circulated the Model Prison Manual among all states and UTs as a guide to understand the welfare of prisoners, and added that states/UTs have been requested to make the best use of the guidance.

“State legal services authorities have established Legal Service Clinics in jails to provide free legal assistance to persons in need. These clinics are managed by empaneled legal services advocates and trained para-legal volunteers. Such clinics have been established in the jails to ensure that no prisoner remains unrepresented, and legal aid and advice is provided to them,” the minister said in his written reply.