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LATEST NEWS UPDATES | Data check: Three out of four prisoners in Indian jails are undertrials -Nileena Suresh

Data check: Three out of four prisoners in Indian jails are undertrials -Nileena Suresh

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published Published on Feb 22, 2022   modified Modified on Feb 25, 2022

-India Spend/ Scroll.in

While the total number of prison inmates rose by 1% between 2019 and 2020, the number of undertrial inmates increased by nearly 12%

Three in four prisoners in India’s jails are under trial, according to government data for the year 2020, the latest year for which such data is available. This is the highest share of undertrial detainees in prison since at least 1995, the earliest year for which such data is available. While the total number of prison inmates rose 1% from the previous year, the number of undertrial inmates increased by nearly 12%, according to the Prison Statistics India 2020 report.

Over half the undertrial inmates were in district jails, which are overcrowded: an average district jail runs at an occupancy rate of 136%.

The release of undertrials declined by 19.6% in 2020, compared to 2019. Some of the reasons for release from prison include acquittal, release on bail, release on appeal, transfer, extradition and other releases during the course of the year. There is a lack of awareness among undertrials about parole and bail rules, IndiaSpend reported in September 2020.

For instance, in 2020, only one-third of inmates who are eligible for early release under section 436A of the Code of Criminal Procedure – which provides for the release of undertrials who have undergone more than half the prison term for the accused offences – were actually released.

The share of inmates belonging to marginalised communities did not reduce. Two in three undertrial inmates belonged to either Scheduled Caste, Scheduled Tribe or Other Backward Classes in 2020 as well. People from these communities are vulnerable to illegal detentions, false confessional statements and arrests and they often have no means to seek bail, our September 2020 report found.

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India Spend/ Scroll.in, 22 February, 2022, https://scroll.in/article/1017879/in-indian-jails-three-out-of-four-prisoners-are-undertrials


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