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SCOPE AND GENESIS [.1 The Government of India,' concerned at the large number of undertrial prisoners in lndian jails, has brought to the notice of the Law Commission the need for undertaking suitable judicial reforms and changes in the law, in order to deal with the problem posed thereby. The material l'orwarde.l_to us inthis behalf gives certain statistics as to undertrial prisoners in lndia. A preliminary exami- nation has disclosed the appalling nature of the problem posed by the pressure' of a large number of undertrial prisoners in jails and the inordinately long time they have to spend before the conclusion of trial. Further detailed examination was accordingly undertaken, and certain statistics were also collected and scruti- nised.' This Report incorporates our recommendations on the subject.

have made a reference above.

IV. PROBLEM NOT CONFINED TO INDIA 1.11. The problem of a large number of undertrial prisoners does not seem to be confined to India. in regard to the U. S. /i., for example, it has been stated-'--~ "The negative by--products of judicial delay are many. The number of defendants incarcerated and awaiting trial is reaching alarming proportions in many large cities, and detention facilites are dangerously overcrowded. The law 1 Appendix 2.

' Eighth Finance Commission, Report (1978), page 103, Chapter 10, para 39.

V1. POSSIBLE REM EDIES 1.23. This brief discussion shows the m1gnitude of the problem of over- crowded prisons as well as its importance in the international setting. The problem could be met, in part, by finding more elfcctive ways of dealing with convicted offenders. This, however, is a matter with which_we are not concerned in this Report. The Report is concerned with undertrial prisoners.

1.24. Detention in prison in the case of undertrial prisoners is generally the result of arrest for an alleged olfence not followed by the grant of bail. It becomes, therefore, material to consider at some length the law relating to grant of bail. Accordingly we propose to consider in this Report the present law as to bail, and the changes that may be needed therein.

Separate ar-

rangements for detention of undertrial prisoners.

Separate laces of detent on.

Bail Hostels.

Conditions detention.

of CHAPTER 9 SUMl'vlAR1' 'PF C(}NCLUSl()NS AND .REC()Ml\-1ENDA'I'l()NS We give below a summary of the conclusions reached and recommendations made in this Report.

1. Introductory (I) The problem of- undcrtrial prisoners in jails has assumed magnitude, as is evident from figures collected from various sources. The problem is not confined to India; nor is it new. Several recommendations made in the past in various stu- dies and reports have placed emphasis on various aspects of the problem. A high percentage of jail population comprises persons under trial. This is not a-- satis-