Model Prison Act 2023

Model Prison Act 2023

• The Ministry of Home Affairs has prepared the ‘Model Prisons Act 2023’ on the recommendations of the Bureau of Police Research and Development (BPRD).

Present Legal Status

• Constitution: ‘Prisons’/’persons detained therein’ is a “State-List” subject under Entry 4 of List II of the Seventh Schedule to the Constitution of India. Administration and management of prisons and prisoners is the responsibility of respective State Governments.
• Laws:  The Prisons Act of 1894 is a pre-independence era Act and is almost 130-years-old. Two other related laws — The Prisoners Act, 1900 and The Transfer of Prisoners Act, 1950 are also decades-old. 
• Types of Jails: The number of jail establishments in India stood over 1,000 which are categorised as Central Jails, District Jails, Sub-Jails, Juvenile and Women Jails as well as open Jails/Camps.

Present issues with Prisons in India: View of Second Administrative Reforms Commission (2007)

• Issues with existing laws: 
• Overcrowding: 
• Undertrial: 
• Poor conditions: 
• Privileges for powerful people: 
•  Misuse of Parole: 

Model Prisons Act 2023

• Model Prisons Act 2023 has assimilated the relevant provisions of ‘The Prisons Act, 1894’, ‘The Prisoners Act, 1900’ and ‘The Transfer of Prisoners Act, 1950’. These three acts will be replaced by the Model Prisons Act 2023.
• Objective: It will serve as a “guiding document” for the States, and for adoption in their jurisdiction. It aims to overhaul the prison administration, with focus on the reformation and rehabilitation of inmates.

 Important  features of the new Model Prisons Act are :

• Provision for security assessment and segregation of prisoners, individual sentence planning,
• Grievance redressal, prison development board, attitudinal change towards prisoners.
• Provision of separate accommodation for women prisoners, transgender, etc.
• Provision for use of technology in prison administration with a view to bring transparency in prison administration.
• Provision for video conferencing with courts, scientific and technological interventions in prisons, etc.
• Provision of punishment for prisoners and jail staff for use of prohibited items like mobile phones etc. in jails.
• Provision regarding establishment and management of high security jail, open jail (open and semi open), etc.
• Provision for protecting the society from the criminal activities of hardened criminals and habitual offenders, etc.
• Provision for legal aid to prisoners, provision of parole, furlough and premature release etc. to incentivise good conduct.
• Focus on vocational training and skill development of prisoners and their reintegration into the society.

 Bureau of Police Research and Development (BPR&D)

• Established in: 1970.
• Headquarters: New Delhi.
• Parent agency: Ministry of Home Affairs
• Objective: It is a multifaceted, consultancy organisation which works for the modernisation of police forces. 
• Divisions: It has 4 divisions – Research, Development, Training and Correctional Administration.

Mains Practice Question

What are the main issues and challenges before jail administration in India ? How recently prepared Model Prison Act 2023 by Union Home ministry will help in solving the issues and challenges?

Chetan Bharat Learning is the best institute in Chandigarh for UPSC IAS ,PCS preparation. To know more about Chetan Bharat Learning’s Online & Classroom Courses, click on the following links: