Report No. 78
Summary of Conclusions and Recommendations
We give below a summary of the conclusions reached and recommendations made in this Report.
(1) The problem of under-trial 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 studies 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 satisfactory situation'1
In dealing with the problem, three types of prisoners have to be considered-
(a) Persons being tried for non-bailable offences, in respect of whom the courts have declined to pass an order for their release on bail.
(b) Persons being tried for non-bailable offences, in respect of whom courts have passed order for bail but who, because of the difficulty of finding appropriate surety or because of some other reason, do not furnish the bail bond.
(c) Persons who are being tried for bailable offences but who, because of the difficulty of finding appropriate surety or some other reasons, do not furnish the bail bond.
For reducing the burden of under-trial prisoners on jail, all the above three categories should be dealt with2.
(2) The various measures recommended in the 77th Report of the Law Commission to reduce delay and arrears in trial courts should be implemented in order to deal effectively with the problem of large number of under-trial prisoners3. Other remedies suggested in this Report should also be adopted.
1. Paras. 1.1 to 1.22.
2. Para. 1.26.
3. Para. 1.27.