Examining Prison Overcrowding In India: A Legal Analysis Of Section 4 Of The Prison Act, 1894, And The Role Of Section 436A, CRPC

Priyanshu Kumar, B. A. LL.B., Pursuing LL.M., Gujarat National Law University, Gandhinagar, Gujarat

ABSTRACT

Prison overcrowding is a critical issue not only for India, but also for other jurisdictions. The issue has emerged, ever since the population of offenders has increased who are still in police custody due to inability to furnish bail, being held under trial prisoners. The congestion of jails have raised several mental as well as physical health issue for the prisoners. The most affected from this chronic issue are women and children. Therefore, the Supreme Court in 2020, suo motu has ordered for the release of the under trial prisoners, in the light of COVID-19 contamination. Most of the literature available only discussed the issue of prison overcrowding and impact of it on the lives of the prisoners, but not with respect to violation of the provisions of the Prison Act, 1894. Though at multiple occasion the Supreme Court have accepted the inhumane condition of the prisoners, and recognized the right to life and live with human dignity of the prisoners under Article 21 of the Constitution. However, the incapacity of the Prison Administrator to provide proper accommodation, food, clothes, and health facilities to prisoners, which are ensured under Section 4, 27, and 30 of the Act, 1894 has not been discussed. This paper will deal with issue of prison overcrowding in the context of Indian jurisdiction. The paper attempts to answer the question whether the issue of prison overcrowding is violating Section 4 of the Act, 1894, as it ensure the duty on Prison Administration to provide basic amenities. This paper will further aim to discuss the responsibility of the Prison Administrator and challenges the Prison Administration and State Government faces to resolve the issue of prison overcrowding. While discussing it, the paper will also try to answer the question whether Section 436A, CrPC help in reducing this issue of prison overcrowding, as suggested by the Supreme Court.

Keywords: Prison overcrowding, Under-trial Prisoners, Inhumane living condition, Right to life, Section 436A, CrPC