Model Prisons Act, 2003 Notes
Model Prisons Act, 2003 Notes
The Goals of the Model Prisons Act, 2003
Model Prisons Act, 2003 Notes
Model Prisons Act, 2003 Notes
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Model Prisons Act, 2003 Notes
Model Prisons Act, 2003 Notes
Model Prisons Act, 2003
Model Prisons Act, 2003
Crime is the outcome of a diseased mind and jail must have an environment of hospital for treatment and care. – – Mahatma Gandhi
INTRODUCTION
Since its independence, prison management in the country has faced criticism at many public events. The Supreme Court of India has recently pointed out serious issues with inhumane conditions in prisons. Many states struggle with overcrowding, a high number of undertrial prisoners, insufficient staff, and inadequate care. These problems have drawn attention from the media and activists, making the situation of prisoners an important public policy issue.
Model Prisons Act, 2003
Imprisonment has been a common way to handle offenders for a long time. The current prison system in India began during the British rule, but it has changed a lot, especially since Independence. The Constitution of India, which includes Fundamental Rights and Directive Principles of State Policy, shows our unique approach. Additionally, ideas and practices from other countries have significantly influenced prison reform in India over the years.
SCOPE OF THE MODEL PRISON MANUAL
The draft Model Prison Manual aims to improve India’s prison system for better reform and rehabilitation of offenders. Its main goals are:
- Consistency: Create uniform laws and rules for all prisons.
- Care Structure: Ensure safe and respectful treatment of prisoners.
- Improved Practices: Simplify practices to meet the needs of different prisoners.
- Basic Standards: Set minimum service standards for care, education, and reintegration.
- Rights Protection: Safeguard the human rights of prisoners during incarceration.
- Personalized Treatment: Tailoring care based on individual needs and behaviors.
- Scientific Methods: Using research-based approaches for special groups like women and young offenders.
- Clear Structure: Defining roles and responsibilities within the Department of Prisons.
- Collaboration: Enhancing cooperation with the criminal justice system.
- Service Availability: Ensuring essential public services are accessible for effective prison operation.
PRISON [Section –1(24)]
Any goal or place used permanently or temporarily under the general or special orders of a State government for the detention of prisoners, under Section 417 of Cr. P.C, 1973 and includes all land and buildings thereto, but does not include:
- any place for the confinement of prisoners who are exclusively in the custody of the police,
- any place specially appointed by the State government under Section 541 of the Code of Criminal Procedure, 1882 (10 of 1882).
PRISONER [Section- 1(25)]
Any person confined in prison under the order of a competent authority.
Different types of prisoners
ADOLESCENT PRISONER [Section –1(02)]
Any person
- a) as who have been convicted of any offense punishable with imprisonment, or who having been ordered to give security under section 117, Code of Criminal Procedure, 1973 (Central Act 2 of 1974) has failed to do so and who at the time of such conviction or failure to give security, is not less than 18 years, but not more than 21 years of age.
- b) who has been committed to prison custody during the pendency of his trial and who at the time of commitment, is not less than 18 years, but not more than 21 years of age.
ADULT PRISONER [Section –1(03)]
Any prisoner who is more than 21 years of age.
CASUAL PRISONER [Section –1(04)]
A convicted criminal prisoner other than a habitual offender.
CIVIL PRISONER [Section –1(05)]
Any prisoner who is not committed to custody under a writ, warrant or order of any court or authority exercising criminal jurisdiction, or by order of a court martial and who is not a detenue.
CONVICT [Section –1(07)]
Any prisoner under sentence of a court exercising criminal jurisdiction or court-martial and includes a person detained in prison under the provisions of chapter VIII of the Code of Criminal Procedure of 1973 and the Prisoners Act of 1900.
HABITUAL OFFENDER [Section –1(13)]
A prisoner classified as such in accordance with the provisions of the law or rules.
MILITARY PRISONER [Section –1(21)]
A prisoner convicted by court-martial.
REMAND PRISONER [Section –1(28)]
A person who has been remanded by the court to prison custody, pending investigation by the police.
UNDER-TRIAL PRISONERS [Section –1(31)]
A person who has been committed to prison custody with pending investigation or trial by a competent authority.
YOUNG OFFENDER [Section –1(32)]
A person who has attained the age of 18 years and has not attained the age of 21 years.
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