Mon Nov 25 07:13:48 UTC 2024: ## Overcrowded Jails: India’s Efforts to Decongest Prisons Face Hurdles

**New Delhi, November 25, 2023** – India is grappling with severe overcrowding in its prisons, with 75% of inmates being undertrials, a figure that has increased by 41% since 2017. While the government has implemented various measures to alleviate the situation, significant challenges remain.

Union Home Minister Amit Shah recently announced the release of undertrial prisoners who have served one-third of their maximum sentence. This initiative, while laudable, faces logistical hurdles. Authorities have a short timeframe to compile and process the necessary lists, a monumental task given the scale of the problem.

Past attempts at prison decongestion have yielded limited success. A 2005 amendment to the Code of Criminal Procedure (CrPC) allowed courts to release undertrials who had served half their maximum sentence. However, progress was slow, largely due to undertrials’ inability to afford bail or bonds. A subsequent government scheme offering financial assistance to such prisoners also met with limited success, with only a handful benefiting.

The newly enacted Bharatiya Nyaya Sanhita (BNS), replacing the CrPC, reiterates these provisions and further allows the release of first-time offenders after serving one-third of their sentence. It also empowers jail superintendents to approach courts on behalf of eligible undertrials. While the Supreme Court mandated the retroactive application of this provision, the slow response from states in submitting details of eligible prisoners highlights the bureaucratic obstacles.

Experts point to the discretionary nature of the release process and the strain on an already overburdened judicial system as contributing factors. Furthermore, a lack of trained prison staff contributes to inefficiencies and delays. The success of Shah’s initiative, therefore, hinges on streamlining this process and addressing these systemic issues. Unless these challenges are effectively overcome, the initiative risks falling short of its intended goal of significantly reducing prison overcrowding.

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