Who is responsible for management and administration of Prisons in India?

Prison is a State subject under List-II of the Seventh Schedule in the Constitution.

The management and administration of Prisons falls exclusively in the domain of the State Governments, and is governed by the Prisons Act, 1894 and the Prison Manuals of the respective State Governments.

Thus, States have the primary role, responsibility and power to change the current prison laws, rules and regulations.

In India, prisons are governed by the Prisons Act, 1894 and Section 59 of this Act which deals with the
power to make rules, states that the State Government may make rules consistent with this Act with
regards to these aspects-

(1) defining the act which shall constitute prison-offences;

(2) determining the classification of prison-offences into serious and minor offences;

(3) fixing the punishments admissible under this Act which shall be awardable for commission of
prison-offences or classes thereof;

(4) declaring the circumstances in which acts constituting both a prison offence and an offence
under the Indian Penal Code (Act 45 of 1860) may or may not be dealt with as a prison offence;

(5) for the award of marks and the shortening of sentences;

(6) regulating the use of arms against any prisoner or body of prisoners in the case of an outbreak
or attempt to escape; etc.

What is ‘Model Prisons Act, 2023’?

With the objective of holistically providing guidance and addressing the gaps in the existing Prisons Act, MHA finalised a comprehensive ‘Model Prisons Act, 2023’, which may serve as a guiding document for the States.

Along with ‘The Prisons Act, 1894’, ‘The Prisoners Act, 1900’ and ‘The Transfer of Prisoners Act, 1950’ have also been reviewed by the MHA and relevant provisions of these Acts have been assimilated in the ‘Model Prisons Act, 2023’.

‘Model Prisons Act, 2023’ aims at reforming prison management and ensuring the transformation of inmates into law-abiding citizens and their rehabilitation in society.

The new Prisons Act will lay more emphasis on the safety of women & transgender prisoners and bring about transparency in prison management and provide for the correction and rehabilitation of prisoners.

New act to have focus on vocational training and skill development of prisoners and their reintegration into the society.

What are the salient features of ‘Model Prisons Act, 2023’?

Among the salient features of the model Act are provisions of punishment for prisoners and jail staff for use of prohibited items such as mobile phones in jails, establishment and management of high security jails, open jail (open and semi-open), and provisions for protecting the society from the criminal activities of hardened criminals and habitual offenders.

It also contains provisions for providing legal aid to prisoners, parole, furlough and premature release to incentivise good conduct.

PRACTICE QUESTIONS

QUES . Consider the following statements: UPSC 2023

Statement-I: In India, prisons are managed by State Governments with their own rules and regulations for the day-to-day administration of prisons.

Statement-II: In India, prisons are governed by the Prisons Act, 1894 which expressly kept the subject of prisons in the control of Provincial Governments.

Which one of the following is correct in respect of the above statements?

(a) Both Statement-I and Statement-II are correct and Statement- II is the correct explanation for Statement-I

(b) Both Statement-I and Statement-II are correct and Statement- II is not the correct explanation for
Statement-I

(c) Statement-I is correct but Statement- II is incorrect

(d) Statement-I is incorrect but Statement-II is correct

Show Answer