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Foundation May 15, 2023May 15, 2023 by Insights Editor


Program: OGP
2024 Batch 9
Starts from 9th Oct. 2023
Model Prisons Act 2023
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GS Paper 2
APEC 2024- Syllabus: Social Empowerment/ Governance: design and implementation of policies
Advanced Prelims
Enrichment Course
O$ine in Delhi & Online Source: IE, TH
Starts on: 8th October
2023 Context: The Indian government has prepared a new Model Prisons Act to replace the current 130-year-old
‘Prisons Act, 1894’, with a focus on rehabilitation and reform of prisoners instead of retributive deterrence.
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Integrated Prelims What is Criminal Justice System in India?


Cum Mains Test
Series 2024 5.0 The Criminal Justice System (CJS) in India is a set of legal and institutional frameworks that govern the
Starts on 17th Sept. 2023 detection, investigation, prosecution, and punishment of criminal o"ences.
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Year-long Mains The CJS in India is mainly guided by three major legal documents:
Test Series 2024 The Indian Penal Code
5.0
Starts on 27th Sept. 2023 The Code of Criminal Procedure

REGISTER NOW The Indian Evidence Act.

CJS has four subsystems:


Calendar Legislature (Parliament)
May 2023
Enforcement (Police)
M T W T F S
Adjudication (Courts)
1 2 3 4 5 6

8 9 10 11 12 13 Corrections (Prisons, Community Facilities)

15 16 17 18 19 20

22 23 24 25 26 27

29 30 31 Need for new Prison Act:

Examples/Facts
« Apr Jun »
Outdated The Indian Prison Act was enacted in 1894 and amended several times, but it fails to address modern-
laws day prison challenges.
Search by
Category Human rights
E.g., custodial deaths, torture, and overcrowding are widespread in Indian prisons.
violations
All Categories
The current prison system focuses more on punishment than rehabilitation, which leads to high
recidivism rates (committing o"ence again).
SUBMIT
Focus on
rehabilitation
A new act should emphasize the need for rehabilitation programs and better
integration of prisoners into society upon release.

Improved
Many Indian prisons lack adequate healthcare facilities, leading to higher mortality rates.
healthcare

Technology
The current prison system is largely manual and paper-based, leading to delays and ine#ciencies.
integration

According to the latest data available from the National Crime Records Bureau (NCRB), the occupancy
Overcrowding
rate of Indian prisons is over 117%, indicating severe overcrowding.

Many Indian prison sta" lack adequate training, leading to incidents of human rights abuses,
corruption, and mismanagement.

Sta" training
E.g., In 2020 it was reported that the Puzhal Central Prison in Chennai, Tamil Nadu had
only one guard for every 100 prisoners.

Key features of Model Prisons Act 2023 are:

Feature Description

To incentivise good conduct Ensure legal aid to prisoners, provision of parole, furlough and premature release

For women and transgender Ensure the physical and mental well-being of these vulnerable inmates and provide
inmates separate accommodations

Move away from the retributive deterrence approach and transform prisoners into
Reformation
law-abiding citizens

Security assessment Ensure the safety of both prisoners and prison sta" by segregation of prisoners

Grievance Redressal Provide a mechanism for prisoners to raise concerns and receive appropriate responses

Prison development board Establish a board to oversee and advise on prison development and management

Use of technology Bring transparency and e#ciency to prison operations

Discourage prisoners and prison sta" from using prohibited items, such as mobile
Use of prohibited items
phones, in prisons

Ensure the proper management and security of high-risk prisoners by the


High-security jails
establishment of high-security jails

Open and semi-open jails Provide di"erent types of facilities to accommodate di"erent types of prisoners

Implementations: Prisons in India and ‘persons detained therein’ are a State subject and MPA 2023 will
serve as a “guiding document” for States. Therefore it is not binding on the states.

Previous other recommendations:

SC appointed Justice Amitava Roy (retd.) The committee recommended several measures to address the
issue including:

Speedy trials

Increasing the number of lawyers for prisoners

Setting up special fast-track courts for petty offences

Promoting the concept of plea bargaining

Initiative for prison reforms in India:

The Modernisation of Prisons Project (2021-26) aims to enhance security and facilitate prisoner rehabilitation in
India through the use of modern security equipment; E-Prisons Project, Model Prison Manual 2016, and
National Legal Services Authority (NALSA).

Conclusion:

The Model Prison Act 2023 is aimed at improving prison administration and conditions, protecting the rights of
prisoners, and promoting their rehabilitation and reintegration into society. It is expected to bring much-
needed reforms to the Indian prison system and align it with international standards.

Insta Links:

Prison Reforms in India

Mains Links:

Q.Instances of the President’s delay in commuting death sentences have come under public debate as
denial of justice. Should there be a time specified for the President to accept/reject such petitions?
Analyse. ( UPSC 2014)

15 May 2023, Today's Article

Model Prisons Act 2023 , Prison reforms in India

Migration away from metros, towards small towns Global Report on Internal Displacement 2023 (GRID-
2023)

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