Berhampur University, Bhanja Bihar, Ganjam
Presentation on Administration of Criminal Justice System
(Subject Code – 201)
Presentation of A study of the Model Prisons and
Correctional Services Act,2023
Submitted to Submitted By
Assistant Professor Anurodha Kumar Rana
Lupta Ratna Patro Roll No. – PG26543
Berhampur University, LLM, 1st Semester
Bhanja Bihar, Ganjam BATCH 2024-2026
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ACKNOWLEDGEMENT
It is my pleasant duty and privilege to thank those who have helped
me considerably in completion of my thesis. I am highly and
immensely grateful to Asst. Prof. (Dr.) Lupta Ratna Patro, Faculty of
Law, Berhampur University, Bhanja Bihar, my guide and supervising
teacher for his active encouragement and inspiring influence. In
preparing this study, I have been greatly benefited by the wise
counsel and most effective suggestions from Asst. Prof. (Dr.) Lupta
Ratna Patro. Affectionate prodding in moments of complacence, and
encouragement and support in moments of trepidation, I received in
abundance from my Guide Asst. Prof. (Dr.) Lupta Ratna Patro.
Also, I am indebted to all those scholars and writers, the writings of
whom I have read and quoted in this work.
Anurodha Kumar Rana
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Contents:
Introduction
Background
Limitations of the Prisons Act, 1894:
Changing View about Prisons
Objectives of New Model Prison Act
Salient Features of the new Model Prisons Act,
2023
Judicial Reform
Suggestion
Conclusion
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Introduction:
Prisons are an essential part of the criminal justice system,
serving as institutions for the confinement of individuals awaiting
trial, those convicted of crimes, and those undergoing rehabilitation.
The Indian prison system faces numerous challenges, but also has
opportunities for reform and modernization. The prison system in
India is undergoing a transformation aimed at addressing long-
standing challenges and aligning with contemporary standards of
human rights and rehabilitation. The introduction of the Model
Prisons Act, 2023, and various other reforms signify a shift towards a
more humane and efficient prison system. While significant
challenges remain, these efforts mark a crucial step forward in
ensuring that prisons contribute positively to the criminal justice
system and society at large.1
Background:
A need was felt to revise and upgrade the Act in tune with
modern day needs and requirements of prison management. A
decision was taken to by the Central government to review and revise
colonial-era outdated Prison Act, in tune with contemporary modern-
day needs and correctional ideology.
1
‘(PDF) A STUDY ON CONCEPT OF PRISONS AND THEIR IMPORTANCE IN MODERN SOCIETY: WITH REFERENCE
TO PRISON REFORM SYSTEM’
<https://www.researchgate.net/publication/365824312_A_STUDY_ON_CONCEPT_OF_PRISONS_AND_THEIR_I
MPORTANCE_IN_MODERN_SOCIETY_WITH_REFERENCE_TO_PRISON_REFORM_SYSTEM> accessed 5 May
2025.
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The Ministry of Home Affairs assigned the task of revision of the
Prisons Act, 1894 to the Bureau of Police Research and Development.
The Bureau, after holding wide ranging discussions with State Prison
authorities, correctional experts etc. prepared a draft. State
Governments and Union Territory Administrations can benefit from
the Model Prisons Act, 2023 by adopting it in their jurisdictions, with
such modifications which they may consider necessary, and repeal
the existing three Acts in their jurisdictions.2
Limitations of the Prisons Act, 1894:
Outdated Provisions: Over time, many of the provisions of the Act
became outdated and failed to address contemporary issues in
prison management and inmate rights.
o Lack of Focus on Rehabilitation: The Act was more focused on
the punitive aspects of imprisonment rather than rehabilitation
and reintegration of prisoners into society.
o Inadequate Human Rights Protections: The Act did not
adequately protect the human rights of prisoners, especially in
light of modern human rights standards and norms.3
The Prisons Act of 1894 served as the foundational legal framework
for prison administration in India for over a century. However, its
limitations and outdated provisions necessitated the introduction of
the Model Prisons Act, 2023, which aims to modernize the prison
system, emphasize rehabilitation and human rights, and address
contemporary challenges in prison management.
2
‘Centre Finalises “Model Prisons Act, 2023”, New Law to Allow Reform, Rehabilitation’ (Hindustan Times, 12
May 2023) <https://www.hindustantimes.com/india-news/indian-government-introduces-model-prisons-act-
2023-focusing-on-reform-and-rehabilitation-of-prisoners-and-use-of-technology-101683899025948.html>
accessed 5 May 2025.
3
IJLLR Journal, ‘The Prisons Act, 1894: Detailed Analysis And Comparative Study’ (IJLLR Journal, 9 November
2023) <https://www.ijllr.com/post/the-prisons-act-1894-detailed-analysis-and-comparative-study> accessed 5
May 2025.
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Changing View about Prisons:
In the last few decades, an altogether new perspective has
evolved about prisons and prison inmates, globally. Prisons today are
not looked as places of retributive deterrence but are considered as
reformative and correctional institutions where the prisoners are
transformed and rehabilitated back into society as law abiding
citizens.
‘Prisons’ is a State subject under State List of the Seventh
Schedule to the Constitution of India. 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.4
The responsibility of prison management and prisoners’
administration solely vests with State Governments who alone are
competent to make appropriate legislative provisions in this regard.
However, given the critical role that efficient prison management
plays in the criminal justice system, the Government of India attaches
high degree of importance to supporting the States/UTs in this
regard.
Objectives of New Model Prison Act:
The Model Prisons Act, 2023, introduced by the Government of
India, aims to modernize and reform the prison system in the
country. It replaces the outdated Prisons Act of 1894 and addresses
4
‘Prison Reform in India’ <https://vajiramandravi.com/upsc-daily-current-affairs/mains-articles/prison-reform-
in-india/> accessed 5 May 2025.
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contemporary issues in prison management and the rights of
inmates.5
Here are the key objectives of the Model Prisons Act, 2023:
o Human Rights Protection: Ensure the protection of the human
rights of prisoners, in line with national and international
standards, focusing on their dignity and humane treatment.
o Modernization of Prisons: Facilitate the modernization of
prison infrastructure and management practices to improve
living conditions, security, and overall administration within
prisons.
o Rehabilitation and Reintegration: Emphasize the rehabilitation
and reintegration of prisoners into society by providing
educational, vocational, and psychological support, thus
reducing recidivism rates.
o Women and Vulnerable Groups: Address the specific needs of
women prisoners and other vulnerable groups, ensuring
gender-sensitive and inclusive approaches within the prison
system.
o Transparency and Accountability: Enhance transparency and
accountability in prison administration through improved
oversight mechanisms and regular inspections.
o Alternative Dispute Resolution: Promote the use of alternative
dispute resolution mechanisms and restorative justice practices
within the prison system to address conflicts and grievances
effectively.
o Training and Capacity Building: Strengthen the training and
capacity-building programs for prison staff to ensure
professional and ethical management practices.
5
‘Model Prisons Act 2023’ (Vajiram & Ravi) <https://vajiramandravi.com/> accessed 5 May 2025.
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o Health and Hygiene: Ensure adequate healthcare, sanitation,
and nutritional standards for prisoners to maintain their
physical and mental well-being.
o Legal Aid and Access to Justice: Improve access to legal aid and
ensure timely justice for prisoners, particularly for under trial
inmates, to prevent prolonged and unnecessary detention.
o Technological Integration: Integrate technology in prison
management systems for better record-keeping,
communication, and monitoring to enhance efficiency and
security.
o Coordination with Other Agencies: Foster better coordination
between prisons and other criminal justice agencies, including
the police, judiciary, and social welfare departments, for holistic
prison reform.
The Model Prisons Act, 2023, thus aims to create a more humane,
efficient, and rehabilitative prison system in India, aligning with
contemporary standards and addressing the deficiencies of the
previous legal framework.6
Salient Features of the new Model Prisons
Act, 2023:
The Model Prisons Act, 2023, introduced by the Government of
India, incorporates several salient features aimed at overhauling and
modernizing the prison system in the country. Here are the key
features of the Act:
6
‘What Is the Model Prisons Act Announced by the MHA? | Explained News - The Indian Express’
<https://indianexpress.com/article/explained/explained-law/model-prisons-act-mha-8630225/> accessed 5
May 2025.
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o Human Rights Focus: Ensures the protection of the human
rights of prisoners, emphasizing dignity and humane treatment.
Aligns with national and international human rights standards.
o Inmate Classification and Management: Introduces a
comprehensive classification system for prisoners to improve
management and tailor rehabilitation programs. Separates
inmates based on the nature of their offenses, gender, age, and
security risks.
o Rehabilitation and Reintegration: Emphasizes rehabilitation
through educational, vocational, and skill development
programs. Provides psychological support and counselling
services to aid in the reintegration of inmates into society.
o Special Provisions for Women and Vulnerable
Groups: Addresses the unique needs of women prisoners,
including provisions for pregnant women and mothers with
children. Ensures the protection and care of vulnerable groups
such as juveniles, elderly inmates, and those with mental
illnesses.7
o Healthcare and Hygiene: Mandates adequate healthcare
facilities and regular health check-ups for prisoners. Ensures
proper sanitation, hygiene, and nutritional standards within
prisons.
o Legal Aid and Access to Justice: Improves access to legal aid
services for prisoners, particularly for under trials, to expedite
their cases. Introduces measures to prevent prolonged and
unnecessary detention.
o Transparency and Accountability: Enhances transparency in
prison administration through regular inspections and oversight
7
‘The Model Prisons Act, 2023: Objectives and Salient Features’
<https://thelegalquotient.com/criminal-laws/penology/model-prisons-act-2023/3735/> accessed 5 May 2025.
9|Page
mechanisms. Establishes grievance redressal systems for
inmates.
o Training and Capacity Building: Focuses on the professional
development of prison staff through regular training and
capacity-building programs. Promotes ethical and humane
treatment of prisoners by staff. There is a provision of
punishment for prisoners and jail staff for use of prohibited
items like mobile phones etc. in jails.
o Use of Technology: Integrates technology for efficient prison
management, including record-keeping, communication, and
monitoring. Introduces electronic surveillance systems to
enhance security and reduce incidents of violence and escapes.
There is a provision for video conferencing with courts,
scientific and technological interventions in prisons, etc.
o Alternative Dispute Resolution and Restorative
Justice: Encourages the use of mediation and restorative justice
practices to resolve conflicts and grievances within the prison
system. Promotes community involvement in the rehabilitation
process.
o Coordination with Criminal Justice Agencies: Facilitates better
coordination between prisons, the police, judiciary, and social
welfare departments. Ensures a holistic approach to prison
reform and inmate rehabilitation.
o Prison Management Reforms: Introduces modern
management practices to improve the efficiency and
effectiveness of prison administration. Focuses on reducing
overcrowding and improving the overall conditions within
prisons.
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o Special Courts and Fast-Track Mechanisms: Establishes special
courts and fast-track mechanisms for expediting the trial of
under trials and reducing case backlogs.
o Victim Support and Restitution: Includes provisions for victim
support and restitution as part of the restorative justice
process.
The Model Prisons Act, 2023, aims to create a more humane,
transparent, and rehabilitative prison system in India, addressing the
shortcomings of the previous legal framework and aligning with
contemporary standards and best practices.
Judicial Reform:
The Supreme Court of India has significantly influenced the reform of
the Model Prisons and Correctional Services Act, 2023, through its
judgment in the case of Sukanya Shantha v. Union of India on
October 3, 2024. This landmark decision addressed caste-based
discrimination within the prison system and mandated
comprehensive reforms to align with constitutional principles.8
Supreme Court's Directions on the Model Prisons and Correctional
Services Act, 2023
In its judgment, the Court identified several provisions in the Model
Prisons and Correctional Services Act, 2023, that perpetuated caste-
based discrimination and ordered the following reforms.
8
‘The Supreme Court of India Has Significantly Influenced the Reform of the Model Prisons and Correctional
Services Act, 2023, through Its Judgment in the Case of Sukanya Shantha v. Union of India on October 3, 2024.
This Landmark Decision Addressed Caste-Based Discrimination within the Prison System and Mandated
Comprehensive Reforms to Align with Constitutional Principles. - Yahoo India Search Results’
<https://in.search.yahoo.com/search?
fr=mcafee&type=E211IN826G0&p=The+Supreme+Court+of+India+has+significantly+influenced+the+reform+o
f+the+Model+Prisons+and+Correctional+Services+Act
%2C+2023%2C+through+its+judgment+in+the+case+of+Sukanya+Shantha+v.
+Union+of+India+on+October+3%2C+2024.+This+landmark+decision+addressed+caste-
based+discrimination+within+the+prison+system+and+mandated+comprehensive+reforms+to+align+with+co
nstitutional+principles.> accessed 5 May 2025.
11 | P a g e
1. Revised Definition of "Habitual Offender": The Court struck
down the broad classification of "habitual offenders" in the Act,
which was previously used to label individuals from denotified
or nomadic tribes as criminals. It directed that such
classifications must align with state-specific habitual offender
legislation, ensuring they are not based on caste or community
identity.
2. Elimination of Caste-Based Labor Assignments: The Court
mandated the removal of provisions that assigned prison labor
based on caste, such as tasks related to cleaning or cooking. It
emphasized that such practices violate the constitutional
guarantee of equality and dignity.
3. Removal of Caste References in Prison Registers: The Court
ordered the deletion of the "caste" column in registers of
undertrials and convicts, as its inclusion perpetuates caste-
based discrimination and undermines the principle of equality
before the law.
4. Regular Inspections and Compliance Reporting: The Court
directed that District Legal Services Authorities (DLSAs) and
Boards of Visitors conduct regular inspections to ensure
compliance with the revised standards. It also required the
submission of compliance reports by all states and Union
Territories, along with a joint status report from the National
Legal Services Authority (NALSA).
Suggestion:
Central Oversight Mechanism: Establish a national body to
monitor and ensure uniform implementation of the Act's
provisions across states.
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Capacity Building: Invest in training programs for prison staff to
handle diverse inmate needs and manage technological tools
effectively.
Community Involvement: Encourage partnerships with NGOs
and civil society organizations to provide support services and
facilitate reintegration programs.
Regular Audits: Implement periodic audits and inspections to
assess compliance with the Act's standards and identify areas
for improvement.
Public Awareness Campaigns: Educate the public on the
rehabilitative role of prisons to foster support for reformative
measures and reduce stigma against released inmates.
Conclusion:
The Model Prisons Act, 2023, marks a significant step forward in
the reform of India’s prison system. By replacing the outdated Prisons
Act of 1894, this new legislation addresses contemporary issues and
aligns with both national and international human rights standards.
The Model Prisons Act, 2023, represents a comprehensive and
progressive approach to prison reform. It addresses the multifaceted
needs of the prison system, from infrastructure and management to
the rights and rehabilitation of inmates. The Act aims to create a
prison environment that not only ensures security and order but also
prioritizes the well-being and reformation of prisoners, ultimately
contributing to a more just and humane society.
The prison system in India has undergone significant reforms since
ancient times, but it still requires further improvement in modern
times.
Despite the various prison reforms implemented in India, the
situation has not improved significantly. It is important to recognize
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that while prisoners have committed crimes, they still possess certain
rights that cannot be taken away from them.
However, its effectiveness will depend on consistent
implementation, adequate resource allocation, and continuous
evaluation to adapt to evolving challenges.
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