Concerned with the overcrowding of jails, the Supreme Court observed that it will be open for the courts to consider ordering house arrest of accused under provision of Criminal Procedure Code. 

The top court said that regarding post-conviction cases, it is leaving it open to the legislature to ponder over employment of house arrest to the accused in select cases. 

What is the case about?

The top court’s verdict came on a plea of activist Gautam Navlakha challenging the Bombay High Court order denying him default bail on the ground that chargesheet was not filed by the NIA within a stipulated time under the law. 

The plea said that the house arrest has been employed in the United States essentially as an intermediate level penal sanction and upon being found guilty instead of sentencing the convict to a term in prison and in lieu of incarceration, as a condition of probation, the convict is compelled to confine himself to his place of residence. 

It said that among the advantages which have been perceived in promoting the house arrest, have been avoidance of overcrowding of the prisons and also cost saving.

What the SC said?

Referring to overcrowding in jails and the cost to the state in maintaining prisons, the top court said the concept of house arrest be adopted.

An SC bench said that it may indicate criteria like age, health condition and the antecedents of the accused, the nature of the crime, the need for other forms of custody and the ability to enforce the terms of the house arrest. It observed that under Section 167 (of CrPC) in appropriate cases it will be open to courts to order house arrest.  

It added that under Section 309 also that judicial custody being custody ordered, subject to certain criteria, the courts will be free to employ it in deserving and suitable cases.

Prison Statistics, 2019

According to the data published by the National Crime Records Bureau (NCRB) the conditions relating to jails and prisoners is fairly alarming. 

The total number of prisons at national level has increased from 1,339 in 2018 to 1,350 in 2019, having increased by 0.82 per cent. 

The actual capacity of prisons  has increased from 3,96,223 in 2018 85 to 4,03,739 in 2019.

The report revealed an alarming state of affairs as far as occupancy rate is concerned. It has climbed to 118.5 per cent as on December 31, 2019.

Number of prisoners lodged in various jails has increased from 4,66,084 in 2018 to 4,78,600 in 2019.

The 1,350 prisons in the country consist of 617 Sub-Jails, 410 District Jails, 144 Central Jails, 86 Open Jails, 41 Special Jails, 31 Women Jails, 19 Borstal Schools and two other than the above jails.

The highest number of jails was reported in Rajasthan (144), followed by Tamil Nadu (141), Madhya Pradesh (131), Andhra Pradesh (106), Karnataka (104) and Odisha (91). These six states together cover 53.11 per cent of total jails in the country as on December 31, 2019.

Delhi has reported the highest number of Central Jails (14) in the country. 

Only 15 states/UTs were having Women Jails with a total capacity of 6,511 in India.

Out of total 1,44,125 convicts, the highest number of convicted prisoners were lodged in Central Jails.

Uttar Pradesh has reported the maximum number of convicts (27,612) in the country followed by Madhya Pradesh (20,253 convicts) and Maharashtra.

Manorama Yearbook app is now available on Google Play Store and iOS App Store