**Executive Summary**
This document presents answers to questions raised in Lok Sabha Unstarred Question No. 2398 regarding undertrial prisoners and measures for expedited release. The document provides data on the number of undertrial prisoners, initiatives to reduce detention, funds allocated, and measures taken to operationalize bail reforms. The reference date for some of the statistics provided is December 31, 2023.
**Key Points / Main Content**
* **Undertrial Prisoner Statistics:**
* Data on the number of undertrial prisoners lodged in jails, categorized by duration (up to three years, three to five years, and more than five years) and by State/UT as of December 31, 2023, is provided in Annexures A and B. This data is also available on the NCRB website.
* Annexure A: Breakdown by State/UT and category (SC, ST, OBC, Others)
* Annexure B: Breakdown by State/UT and duration of imprisonment.
* **Initiatives to Reduce Prolonged Detention and Funds Allocated:**
* The administration and management of prisons are State Government responsibilities.
* The Central Government supplements State efforts.
* The "Support to Poor Prisoners" scheme aims to provide financial assistance to prisoners unable to pay fines or secure bail.
* The Ministry of Home Affairs (MHA) has provided an annual financial outlay of Rs. 20 crore for three years (2023-24, 2024-25, 2025-26) for the scheme.
* Rs. 71,71,476/- has been utilized by States and UTs as of 10.02.2026, benefiting 273 prisoners.
* NALSA has established Under Trial Review Committees (UTRCs) and allocates funds to SLSAs, which then allocate funds to DLSAs and HCLSCs. NALSA does not maintain detailed records of DLSA/HCLSC and scheme-wise fund allocation.
* **UTRC Recommendations and Releases:**
* The document provides data on the number of undertrial prisoners recommended for release by UTRCs and the number actually released over the past five years (2021-2025).
* A total of 2,75,065 UTPs/convicts were recommended for bail/release. 1,35,237 inmates were released based on UTRC recommendations.
* **Bail Reforms and Technology Implementation:**
* Section 479 (1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) provides for the release on bail of individuals who have undergone detention for a specified period.
* First-time offenders can be released on bond under specific conditions.
* Technology-based alerts are generated through the ePrisons portal under Inter-Operable Criminal Justice System (ICJS) for timely release.
**Impact Analysis**
* **State Governments:**
* **Impact:** Responsible for the administration and management of prisons and prisoners within their respective states.
* **Action Required:** Implement the "Support to Poor Prisoners" scheme, administer and manage prisons. Report prison statistics to NCRB.
* **National Legal Services Authority (NALSA):**
* **Impact:** Responsible for establishing and supporting Under Trial Review Committees (UTRCs) across the country.
* **Action Required:** Allocate funds to SLSAs for UTRC activities, oversee the operations of UTRCs to ensure timely review and recommendation for release of eligible undertrial prisoners and convicts.
* **Ministry of Home Affairs (MHA):**
* **Impact:** Provides financial support for the "Support to Poor Prisoners" scheme.
* **Action Required:** Continue to provide financial outlay for the "Support to Poor Prisoners" scheme.
* **Undertrial Prisoners:**
* **Impact:** Potentially benefit from expedited release through UTRC recommendations, the "Support to Poor Prisoners" scheme, and bail reforms under the BNSS.
* **Action Required:** Understand their rights under the law and avail themselves of the available schemes and reforms to seek bail or release.
Key Entities Referenced
Bharatiya Nagarik Suraksha Sanhita (BNSS): Referred to in the document, Section 479 (1) specifies conditions for bail during investigation, inquiry, or trial.
Undertrial Review Committees (UTRCs): Committees established in all districts to recommend the release of eligible undertrial prisoners and convicts.
National Crime Records Bureau (NCRB): Compiles and publishes prison statistics reported by States and Union Territories.
Ministry of Law and Justice: The ministry to which the unstarred questions are addressed.
Support to Poor Prisoners: A scheme implemented by the government to provide financial assistance to poor prisoners unable to pay fines or secure bail.
GOVERNMENT OF INDIA
MINISTRY OF LAW AND JUSTICE
DEPARTMENT OF JUSTICE
LOK SABHA
UNSTARRED QUESTION NO. 2398
TO BE ANSWERED ON FRIDAY, THE 13th FEBRUARY, 2026
UNDERTRIAL PRISONERS AND MEASURES FOR EXPEDITED RELEASE
2398. DR. PRABHA MALLIKARJUN:
SHRI TANGELLA UDAY SRINIVAS:
Will the Minister of LAW AND JUSTICE be pleased to state:
(a) the details of undertrial prisoners lodged in jails for periods of up to three years, three
to five years and more than five years, category-wise and State-wise;
(b) the initiatives undertaken to reduce prolonged undertrial detention, along with details
of funds allocated, released and utilised therefor;
(c) the details of funds allocated, released and utilised by Undertrial Review Committees
during the last five years, year-wise and State-wise, with district-wise details for
Andhra Pradesh, including Kakinada;
(d) the number of undertrial prisoners recommended for release by UTRCs and the
number actually released during the said period;
(e) the steps taken to operationalise bail reforms under recent judicial directions; and
(f) whether any technology-based systems have been adopted for identification, tracking
and timely release of eligible undertrial prisoners and if so, the details thereof,
including funding and inter-agency coordination mechanisms?
ANSWER
MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW
AND JUSTICE; AND MINISTER OF STATE IN THE MINISTRY OF
PARLIAMENTARY AFFAIRS
(SHRI ARJUN RAM MEGHWAL)
(a): National Crime Records Bureau (NCRB) compiles prison statistics reported to it by the
States and Union Territories (UTs) and publishes the same in its annual publication
1“Prison Statistics India”. As per the latest published data for the year 2023, State/UT wise
number of undertrial prisoners confined upto three years, three to five years and more
than five years in the jails of the country as on 31.12.2023 are attached as given at
Annexure – A (Category Wise) and Annexure – B (State Wise). These data are readily
available on National Crime Records Bureau website: https://www.ncrb.gov.in/
uploads/files/PSI-20231.pdf.
(b) and (c): ‘Prisons and Prisoners’ is a State-list subject under Entry 4 of List II of the
Seventh Schedule to the Constitution of India. Therefore, the administration and
management of prisons and prisoners is the responsibility of respective State
Governments. Central Government has also been supplementing the efforts of State
Governments in this regard.
With the objective of providing financial assistance to poor prisoners, who are unable
to pay the fine imposed on them or are unable to secure bail due to financial constraints,
the Government is implementing a scheme named “Support to Poor Prisoners”. The
guidelines and SOP for implementation of the Scheme, has provision for bail assistance
amounting upto Rs. 1 lakh, prescribing timelines for case processing, and simplification
of procedures for drawal and utilisation of funds.
For implementation of the Scheme, the Ministry of Home Affairs (MHA) had
provided an annual financial outlay of Rs. 20 crore for three years i.e. 2023-24, 2024-25
and 2025-26. As on 10.02.2026, funds amounting to Rs. 71,71,476/- have already been
utilized by States and UTs, providing benefit of the Scheme to 273 eligible prisoners.
Further, National Legal Services Authority (NALSA) has taken initiatives for
establishment of Under Trial Review Committees (UTRCs) in all the districts to
recommend for release of eligible undertrial prisoners and convicts. Quarterly meetings
are held by UTRCs across the country. NALSA allocates funds to the State Legal
Services Authorities (SLSAs) and the SLSAs allocate funds to the District Legal Services
Authorities (DLSAs) and High Court Legal Services Committees (HCLSCs). NALSA
does not maintain DLSA/HCLSC and scheme wise details of funds allocation and
utilisation.
2(d) to (f): The number of undertrial prisoners recommended by UTRCs and released during
last five years are as under:
Year No. of UTPs/ Convicts No. of inmates released pursuant to
recommended for bail/ UTRCs recom mendations
rele ase
2021 36,983 17,020
2022 70,780 35,480
2023 73,274 34,232
2024 53,594 25,982
2025 40,434 22,523
Total 2,75,065 1,35,237
Several initiatives are undertaken by the Government to operationalize bail reforms.
Section 479 (1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) provides that “Where a
person has, during the period of investigation, inquiry or trial under this Sanhita of an offence
under any law (not being an offence for which the punishment of death or life imprisonment
has been specified as one of the punishments under that law) undergone detention for a period
extending up to one-half of the maximum period of imprisonment specified for that offence
under that law, he shall be released by the Court on bail.”
The Proviso under Section 479 (1) of the BNSS provides further relief to first time
offenders/undertrial prisoners and provides that “where such person is a first-time offender
(who has never been convicted of any offence in the past), he shall be released on bond by
the Court, if he has undergone detention for the period extending up to one-third of the
maximum period of imprisonment specified for such offence under that law.” Further,
technology based alerts are generated through the ePrisons portal under Inter-Operable
Criminal Justice System (ICJS) and are sent to concerned officials for taking appropriate
action for timely release of undertrial prisoners.
3Annexure-A
Statement referred to in reply to Lok Sabha Unstarred Question No. 2398 for answer on
13/02/2026 regarding ‘Undertrial Prisoners and Measures for Expedited Release’
State/UT-wise and Category-wise number of Undertrial Prisoners lodged in jails as on 31st
December, 2023
S.
State/UT SC ST OBC Others Total
No.
(1) (2) (3) (4) (5) (6) (7)
1 ANDHRA PRADESH 1089 1453 1908 1118 5568
2 ARUNACHAL PRADESH 9 124 48 7 188
3 ASSAM 863 898 2434 3351 7546
4 BIHAR 8549 1514 26411 10055 46529
5 CHHATTISGARH 2100 3648 4025 1747 11520
6 GOA 44 61 59 312 476
7 GUJARAT 1409 1719 5353 3068 11549
8 HARYANA 5868 1564 5920 5940 19292
9 HIMACHAL PRADESH 537 35 161 1094 1827
10 JHARKHAND 2398 3765 5488 1933 13584
11 KARNATAKA 2627 1237 6888 971 11723
12 KERALA 1115 428 3353 1168 6064
13 MADHYA PRADESH 4385 4891 9279 4409 22964
14 MAHARASHTRA$ - - - - 32438
15 MANIPUR 15 142 104 155 416
16 MEGHALAYA 102 643 48 88 881
17 MIZORAM 77 1168 1 1 1247
18 NAGALAND 25 318 58 31 432
19 ODISHA 4374 3961 3982 2461 14778
20 PUNJAB 7389 2134 3659 11321 24503
421 RAJASTHAN 3636 2767 7240 3620 17263
22 SIKKIM 30 36 89 16 171
23 TAMIL NADU 3887 308 7906 250 12351
24 TELANGANA 831 501 1429 1038 3799
25 TRIPURA 144 185 87 431 847
26 UTTAR PRADESH 20534 3489 31596 17872 73491
27 UTTARAKHAND 1369 298 1284 1447 4398
28 WEST BENGAL 2437 840 2442 14575 20294
29 A & N ISLANDS 0 4 17 147 168
30 CHANDIGARH 267 2 168 281 718
31 DNH & DAMAN DIU 22 16 37 59 134
32 DELHI 3838 383 5753 7860 17834
33 JAMMU & KASHMIR 165 432 187 3784 4568
34 LADAKH 0 20 6 16 42
35 LAKSHADWEEP 0 3 0 0 3
36 PUDUCHERRY 57 0 245 2 304
TOTAL 80192 38987 137665 100628 389910
As per data provided by States/UTs $ Maharashtra did not provide breakup.
Source: Prison Statistics India 2023 Report by National Crime Records Bureau, Ministry of
Home Affairs.
5Annexure-B
Statement referred to in reply to Lok Sabha Unstarred Question No. 2398 for answer on
13/02/2026 regarding ‘Undertrial Prisoners and Measures for Expedited Release’
State/UT-wise number of Undertrial prisoners lodged in jails for period of up to three years,
three to five years and above five years as on 31st December, 2023
S. Upto 3 3 to 5 Above 5
State/UT
No. years Years Years
(1) (2) (5) (6) (7)
1 ANDHRA PRADESH 5529 36 3
2 ARUNACHAL PRADESH 171 14 3
3 ASSAM 7263 136 147
4 BIHAR 45035 1198 296
5 CHHATTISGARH 10975 501 44
6 GOA 390 64 22
7 GUJARAT 10219 866 464
8 HARYANA 18098 778 416
9 HIMACHAL PRADESH 1645 125 57
10 JHARKHAND 12172 931 481
11 KARNATAKA 10867 630 226
12 KERALA 6030 26 8
13 MADHYA PRADESH 21792 1057 115
14 MAHARASHTRA 26402 3823 2213
15 MANIPUR 393 5 18
16 MEGHALAYA 802 55 24
17 MIZORAM 1235 12 0
18 NAGALAND 409 11 12
19 ODISHA 13480 884 414
20 PUNJAB 23270 1050 183
21 RAJASTHAN 15523 1276 464
22 SIKKIM 167 4 0
23 TAMIL NADU 12199 106 46
24 TELANGANA 3769 21 9
25 TRIPURA 847 0 0
26 UTTAR PRADESH 65378 5474 2639
27 UTTARAKHAND 4099 251 48
28 WEST BENGAL 17128 1921 1245
29 A & N ISLANDS 150 16 2
30 CHANDIGARH 679 30 9
31 DNH & DAMAN DIU 102 22 10
32 DELHI 16286 1051 497
33 JAMMU & KASHMIR 3667 626 275
634 LADAKH 36 4 2
35 LAKSHADWEEP 3 0 0
36 PUDUCHERRY 302 2 0
TOTAL 356512 23006 10392
Source: Prison Statistics India 2023 Report by National Crime Records Bureau, Ministry of
Home Affairs.
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