Government admits jails overcrowded up to 135%

Jails in the country are overcrowded up to 135%. In 276 jails with a sanctioned capacity of 2,77,304 inmates, undertrials alone occupied 2,50,727 slots in 2007, Union minister of state for home Ajay Maken told the Lok Sabha on Tuesday, adding that the percentage of undertrials in the country’s prisoners was 66.6.

“The overcrowding in Indian prisons is to the extent of 135.7%,” he said. Maken said the Centre launched a non-plan scheme in 2002-03 for construction of additional prisons and barracks to reduce the overcrowding. The scheme also aimed at repairing and renovating existing prisons, improving sanitation, water supply and living conditions of prisoners, as also providing accommodation to prison staff. 

“The scheme had an outlay of Rs1,800 crore on cost-sharing basis in the ratio of 75:25 between the central and state governments. It ended on March 31, 2009,” Maken said. To reduce overcrowding in jails, the government has taken various steps, including amending the Code of Criminal Procedure (CrPC), 1973, by inserting a new clause, setting up fast-track courts for disposal of long-pending cases and introducing a scheme of plea bargaining, he said.

Further, CrPC section 436(1)  has been amended to make a mandatory provision that if an arrested person is accused of a bailable offence and is an indigent and cannot furnish surety, the court shall release him.