UPSC Prelims 2023 Question:

Consider the following statements

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?

Explanation:

• 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. So, statement I is correct.
  
  
• 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. So, statement II is correct.
    
    

Therefore, option (1) is the correct answer. 

Subject: Polity | Miscellaneous(pol)