The recently released Prison Statistics India-2022, disclosed by the National Crime Records Bureau on December 1, 2023, has brought to light a pressing concern – the staggering number of undertrial prisoners in the country. As of December 31, 2022, there were 4,34,302 individuals awaiting trial, prompting a closer examination of the measures in place to address this challenge.
Fast Track Courts: A Ray of Hope
In response to the pressing need for expeditious trials, the 14th Finance Commission recommended the establishment of 1800 Fast Track Courts (FTCs) during 2015-20. These courts were envisioned to handle cases of a heinous nature, civil cases related to vulnerable groups, and property-related cases pending for more than five years. As of October 31, 2023, 848 FTCs are functional across the country.
Additionally, in line with the Criminal Law (Amendment) Act, of 2018, the government introduced a scheme in August 2019 to set up Fast Track Special Courts (FTSCs) for the swift adjudication of cases related to rape and offenses under the Prevention of Children from Sexual Offences (POCSO) Act, 2012. Up to October 2023, 758 FTSCs, including 412 exclusive POCSO Courts, are operational in 30 states and union territories, having disposed of over 2,00,000 cases.
Financial Assistance for Indigent Prisoners
In a recent budget announcement, the Central Government has earmarked Rs 20 crore annually for the ‘Scheme for providing financial assistance to indigent prisoners to pay fines and obtain remission.’ This initiative aims to alleviate the financial burden on those unable to pay fines, contributing to a fairer and more inclusive justice system.
Legal Reforms: Section 436-A and Plea Bargaining
To address the prolonged incarceration of undertrial prisoners, the government introduced Section 436-A to the Code of Criminal Procedure. This provision allows the release of undertrial prisoners on bail after serving half of the maximum period of imprisonment prescribed for an offense. Additionally, the concept of “Plea Bargaining,” introduced through “Chapter XXIA” in the CrPC, facilitates pre-trial negotiations between defendants and the prosecution.
Prison Management Application and Undertrial Prisoner Review Committee
The introduction of the “Prison Management Application” (e-Prison Software) integrated with the “Inter-Operable Criminal Justice System” has streamlined the management of prisoner data. This system aids State Prison Authorities in identifying undertrial prisoners efficiently, facilitating periodic reviews by the Undertrial Prisoner Review Committees (UTRCs). From April 1, 2020, to June 30, 2023, NALSA organized 32,612 UTRC meetings, resulting in the release of 74,630 inmates.
Legal Aid Initiatives
To ensure access to legal representation, State Legal Services Authorities (SLSAs) have established Legal Services Clinics in prisons. These clinics, managed by impaneled Legal Services Advocates and trained para-legal volunteers, offer free legal aid to prisoners. Awareness camps organized by NALSA further educate prisoners about their legal rights, including the availability of free legal aid, plea bargaining, and their right to bail.
As India grapples with the challenge of undertrial prisoners, these measures and legal reforms showcase a commitment to enhancing the efficiency and fairness of the justice system. The collective efforts aim not only to expedite trials but also to ensure that justice is accessible to all, irrespective of financial constraints.
