Report No. 78
8.2. Separate places of detention.-
There should therefore be separate institutions for their detention. We may also note that a recommendation for separate place of detention was made long ago in India.1
Under the Code of Criminal Procedure2, the place of detention is thus specified:-
"417(1). Except when otherwise provided by any law for the time being in force, the State Government may direct in what place any person liable to be imprisoned or committed to custody under this Code shall be confined."
This provision thus leaves the place of confinement to be specified by the State Government, subject to the provisions of any law for the time being in force. There should be therefore no legal difficulty. Creating such institutions would, however, require a policy decision and involve financial commitments and long-term planning. Till such time as this is done, actual realities impel us to find solution of the problem created by the excessive number of under-trial prisoners in jails, as already mentioned.3
1. Para. 1.16, supra; also see para. 1.22, supra.
2. Section 417(1), Code of Criminal Procedure, 1973.
3. Chapter 1, supra.