Tuesday, January 02, 2007

Incarceration of undertrials

With the enactment of Section 436-A of the Criminal Procedure Code (CrPC) in June 2006, incarceration of undertrials should stop in Indian jails.

Amended CrPC says:
- Undertrials who have been detained for more than half the prescribed period of imprisonment be released, excluding those accused for offence that merits death penalty.
- Bail can be given on execution of a bond if accused has no surety.
- While arresting a person police has to inform a friend or relative about where the accused is being held.

Some facts:
There are 1,305 prisons in India with an authorised inmate capacity of 2,14,241.
73% inmates across the country are undertrials.
Total prison population in West Bengal is 17,910 of which 13,919 are undertrials.
Total prison population in Maharashtra is 23,863 of which 15,712 are undertrials.

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