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Report No. 78

Congestion of Under-Trial Prisoners in Jails

Chapter 1


I. Scope and Genesis

1.1. Genesis of the Report.-

The Government of India,1 concerned at the large number of under-trial prisoners in Indian 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 forwarded to us in this behalf gives certain statistics as to under-trial prisoners in India. A preliminary examination has disclosed the appalling nature of the problem posed by the pressure of a large number of under-trial 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 scrutinised.2 This Report incorporates our recommendations on the subject.

1. Papers forwarded by the Ministry of Home Affairs, file No. V-20012/3/78-GAP-IV, under Home Ministry's note of 2nd November, 1978.

2. For statistics, see paras. 1.5 and 1.6, infra and Appendix 2.

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