12.17.

A review of all the police lock-ups should be taken up in each State and
Union territory and the living conditions in them should be improved. Proper
provision of bedding, sanitary arrangements, diet, drinking water and medical
attention should be immediately made to meet the basic. Requirements of human
beings.

12.17.: A Board of Visitors should be appointed in each district to visit regularly all
police lock-ups in the district and report on their conditions.

. 1247.3 Undertrial prisoners should be lodged in separate institutions away from the
convicted prisoners.

12.174 Institutions meant for lodging under trial prisoners should be as close to the
courts as possible. Under trial prisoners should not be taken to and from courts on
foot. or roped with each other. There should be proper arrangement for their
transportation at each jail.

12.17. 5 The recommendations of the Law Commission with regard to speedy trials
and simplification of bail procedure made in its 77th and 78th Reports should be
accepted and implemented. In addition, bail should be granted to the accused as a
matter of right unless proved by the prosecution that his being at large might
endanger the security of the society.

1247.6 The feasibility of launching bail hostels on the lines of those sponsored and
financed by Xenia Field Foundation {U.K.) should be examined under Indian
condition
12.177 Release of accused person on personal recognizance should be
encouraged. A large number of accused under trial prisoners who have a settled
social life and a permanent abode would stick to their obligation to appear before
and surrender to the court. As recommended by the Law Commission, violation of
this obligation can be made an offence. Accused person released on personal
recognizance may be placed under supervision of probation officers or Gram
Panchayats or non-official voluntary organisations by the Government for the
purpose.

11.178 The provisions of section 167 of the Code of Criminal Procedure with regard
to the time for police investigation in case of accused undertrial prisoners should be
strictly followed both by the police and the courts.

The classification of undertrial prisoners into class 1, 2, 3, or A, B and C on the basis

of their socio-economic status should be abolished.

l: 17.10 The time spent by inmates in jail, awaiting investigation and trial, should be
put to use for the benefit of both the prisoners and the community. Following
are some of the measure which could be adopted in this
regard:.
 a) Undertrial prisoners volunteering to work may be employed on prison work
programmes with proper and sufficient incentives. The work programmes should
take into consideration floating nature of the undertrial prison population. Best suited
work programmes for such inmates would be those in which learning period is small
and wages can be earned on piece work basis.

b ) Under trial prisoners who offer 10 work in prison maintenance services and are
so employed by prison authority having considered their security risk should be paid
wages for such work at a reasonable rate.

12.17.11 rights of all prisoners including under trials ' For under trials prisoners we
specifically reiterate that they should be given all facilities of access to legal material,
legal counsel and legal aid.

19 17 12 All under trials prisoners should he effectively produced before the

presiding magistrate on the dates of hearing. Local officers of the prison, the police
,the prosecution and the judiciary should evolve set procedure to ensure observance
of this essential aspect of judicial process .

12.17.13 Under trial prisoners should be ‘ allowed to obtain cooked food from their
families. A proper check should, however, be kept on the food content through the
medical section of the prison so that nothing contraband or injuries passes to the
under trial prisoners.

121114 Those under trial prisoners Who do not have sufficient clothes should
be supplied clothes at government cost. These clothes should be of a type different
from those given to convicts.
12.17.15 There should be no restriction on the number of Letters which Under trial
prisoners may send at own cost. However ,at government cost they should be
allowed to write two letters per week.

There should be no restriction on the number of interviews sought by under trial

prisoners for the sake of legal assistance .interviews with family members and
friends should, however ,be restricted to two per week.

1247. ) Under trial prisoners should be allowed the facility of canteen available to
other prisoners in the prison.

12.17.18 ) The daily routine of under trial prisoners should, wherever possible, in.
dude programmes for diversified education such as adult education, social
education, etc. and recreational activities to enable them to utilise their time in
constructive pursuits.

12.17.19 ) Habitual under trial prisoner should be segregated from other prisoners.

12.17.20) The management and discipline of under trail Prisoners should be the res-
possibility of only the paid staff of the prison department and in no circumstances
should they be put under the charge of convicted prisoners.
1247,21 ).( a)An effective mechanism to review the cases of under trial prisoner:
regularly both at the district level and the State level should be evolved.

b) At the district level a Review Committee consisting of the following; should be

constituted:

1. District Judge - ---------- Chairman

2. District Magistrate ----------- Member
3. District Superintendent of Police ------------- Member
4. Public Prosecutor- ------------ Member
5. Prison Superintendent----- member-secretary

This Committee should be a statutory committee. It should visit the district/central

prison in the district at least once a month and meet every under trial prisoner
Present on the day. It should, thereafter, hold a meeting to review the cases of all
under trial prisoners in the district/Central prison and see that no under trial prisoner
is un-necessarily detained in the prison. .

(c) The Code of Criminal Procedure should be suitably amended to provide that as
soon as an under trial prisoner completes the period of detention equal to half of the
maximum sentence awardable to him on conviction, he should be
released immediately and unconditionally. This should be a statutory function of the
District Review committee. Such under trial should for all purposes in law be treated
as having been discharged by the court of law by the court of law.

d) A Committee for the review of under trial prisoners should also be constituted at
the State level with the following composition:

1. A Judge of the High Court -------------Chairman

2. Home secretariat/ secretary dealing with prison in the secretariat---------Member

. 3. Inspector general of Police----------- -Member
4. Director of prosecution- ---------Member
5. Inspector general of prison-------MEMBER secretary.
This committee should also be a statutory committee and should meet at least
once every three months to review the position of under trial prisoners in the state as
a whole . it should also out problem of coordination among various departments
resulting into delay in trial.
e) Procedure for review of under trial prisoners in sub-jails has been recommended

Broad guidelines about the arrest of persons, specially those involved in minor
violation of law, should be laid down.

Non- criminal lunatics, person needing protective custody and children should not be
sent to prison at all.

Preventive sections of the code of criminal procedure, specially section 109,should

be reviewed and amended suitably to restrict their only genuine cases.
Person detained under executive orders made under provisions of special legislation
should be kept away from convicted and under trial prisoner.

SEVENTY-EIGHTH REPORT OF LAW COMMISSION :

0N CONGESTION OF UNDERTRIAL PRISONERS IN JAILS

SUMMARY OF CONCLUSIONS AND RECOMMENDATIONS

Recommendation made in this Report.

I Introductory

1) The pmblcm of underlrial Prisoners in jails has assumed magnitude, as

Is evident from figure collected from verious sources.The problem is not confined to
India,nor is it new .Several recommendations made in the past in various studies and
report have placed emphasis on various aspects of the problem.A high percentage
of jail population comprises persons undertrial. This is not a satisfactory situation.

In dealing with the problem, three types of prisoners have to be Considered :

(a) Persons being tried for non-bailable offences, in respect of whom the courts have
declined to pass an order for their release on bail.

(b) Persons being tried for non-bailable offences in respect of whom courts have
passed order for bail but who, because of the difficulty of finding appropriate surety
or because of some other reason, do not furnish the bail bond.

(c) Persons who am being tried for bailable offences but who, because of the
difficulty of finding appropriate surety or some other reasons, do not furnish the bail
bond.

For reducing the burden of undertrial prisoners on jail, all the above three
categories should be dealt with.

(2) The various measures recommended in the 77th Report of the Law Commission
to reduce delay and arrears in trial courts should be implemented in order to deal
effectively with the problem of large number of undcnrial prisoners. Other remedies
suggested in this Report should also be adopted.

2. Present law, comparative position and question for consideration

(3) An examination of the concept of bail, the present law as to bail, the various!
statutory time limits connected with the investigation or trial of offences and the
issues that fall to be considered, shows that in formulating legislative policy in
relation to release on bail, several conflicting consideration have to be balanced.It
also shows that the problem of undertrial prisoners has to be dealt with on several
fronts.
4. In England, there is now presumption in favour of the right to bail for all offence,
Further a discretion is given to the court to release a person without surety.There is
no personal recognizance.A duty to surrender to custody is created,and it's violation
is made an offence.On release on bail, certain conditions can be imposed..
3. Dispose of cases

(5) For dealing with the problem of large number of undertrial prisoners
implemention of recommendation made in the 77th Report of the Law Commission
(Delay and arrears in trial court)is a measure of the first importance.

(6) Cases in which the accused persons are in Jail should be given preference and
the target for their disposal should be four months instead of six months
recommended in the 77th Report.

(7) In order to prevent interested parties from prolonging pendency of cases a certain
amount of strictness is necessary to ensure prompt disposal.

8) Trial magistrates should furnish periodical statements of cases in which the

accused are in custody and which are not concluded within the prescribed time.

9) In time of some agitation numerous person defy law and court arrest, causing a
sudden spurt in the number of undertrial prisoners. Most of them would not offer
bail.Such person should be put up for trial soon after their arrest in order to avoid
congestion in jails.

10) Quite a substantial number of persons who are being proceeded against in
security proceedings for keeping peace and for good behaviour are detained in Jail
as undertrial prisoners because of their inability to furnish the requisite bond .The
cases against those persons should be heard with due promptness and despatch.
Efforts should be made to conclude these proceedings within 5 months.

11) Inordinate delay in the investigation of cases should be avoided. The diversion of
police officials concerned with investigation to other duties relating to law and order
should be avoided.It causes delay in investigation as pointed out in 77th Reports.
. (12) Investigation of Cases should be completed as soon as possible.The law
provides that if an investigation is not completed within the specified period,the
accused should be released on bail,thus highlighting the need for prompt
investigation.
13) Where the accused is in Jail, adjournment of cases should not be granted unless
absolutely necessary.
4. Expansion of the category of bailable offencs

(14) Certain offences under the Indian Penal code,as Listed in the Report, which are
at present non- bailable should be made bailable.The Code of Criminal Procedure,
First Schedule, Part 1, Should be amended accordingly.

(15) Offences under the law other than the Indian penal code Punishable with 3
years imprisonment should be made bailable with the exception of offences under
the official Secrets Act 1923.TheCode of criminal procedure 1973,First
Schedule,Part 2, should be amended accordingly.
5. Amount of bond.

(16)The statutory requirement that the amount of bond shall not be excessive.
17) There is, however,no need to impose a statutory ceiling on the amount of bail ,

6. Release on bond without sureties

(18) In regard to bailable offencs, section 436(1),code of criminal procedure

1973 which empower the officer or court to "discharge"a person on bond without
sureties, should be amended by adding an explanation to the effect that where a
period of one month expires after arrest without the accused furnishings sureties,that
( in the absence of reason to the contrary as recoded)be a fit ground for release on
bond without sureties,The word 'discharge' should be replaced by the word
'released'.
(19)In regards to non -bailable offences,a discretion should be give to the officer or
court of release a person on bond without sureties. Sections 437(1),Code of Criminal
Procedure,1973 should be amended for the purpose.
(20)A definition of bail should be inserted as section 2(aa) in the code of criminal
procedure ,1973 to make it clear that reference to bail includes reference to person
released on bail without sureties ,where such release is permitted by code.

(21)Further ,in section 395(3)and 439(1)(e) of code, power to release on bond

without sureties be expressly provided for.
7. Obligation to appear and surrender -----Violation to be an offence.

(22)A provision should be inserted in the code of criminal procedure,1973 to the

effect that a person released on bail shall be bound to appear and to surrender to
custody

(23) There should be inserted in the Indian penal code a provision creating a new
offence punishing violation of the obligation so under taken with imprisonment up to
two years or fine or both

(24) The new offence to be created as above should be ;

a)Cognizable;
b)Non bailable ;
c)Triable by any magistrate.
The Code of Criminal Procedure,1973,first schedule ,part
1,should be appropriately amended for the purpose .

ARRANGEMENTS FOR DETENTION;

25)There should be separate institutions for the detention of undertrial prisoners the
induction of a large population of undertrial prisoners in a building essentially meant
for convicts being undesirable. However , the creation of such instution is a matter of
long term planning and of financial implications. Other steps to reduced the number
of undertrial prisoners may there for have to be taken.

26)The question of providing for bail hostels for persons who, though ordered to be
released on bail ,cant offer bail has not been consider in the report as apart from its
financial implications and need for long term planning ,its prospects in the present
conditions are rather remote.
27)A lot needs to be done to Improve the conditions of detention in prisons ,the
report ,however,refrains from going into this matter being outside the scope of the
reference.