The Prisons Act, 1894: Detailed Analysis And Comparative Study

Ojasi Paresh Bhade, NMIMS Kirit P. Mehta School of Law, Mumbai-400056, Maharashtra

ABSTRACT

The prisons act of 1894, stands to be a component of Indian legislation that deals with the country's prison rules. One of the characteristics of a strong democratic, independent country is how well it is able to stand on the pillars, that bind the country together. For India as a country, the four pillars of its democracy are Judiciary, Executive, Legislature and Media. These pillars work to provide justice to its citizens, to ensure the protection of their rights and safeguard their interests. Any breach of duty by the government officials leading to the suppression of rights of an individual, negates the entire purpose of the justice system and creates a trust deficit between the civilians and the institution of justice. This will lead to aberrations in a generally effective criminal justice system, and the repercussions for exonerees can be enormous. When an innocent person is wrongfully convicted of an offence they did not commit, the genuine offender gets away with it. This study seeks to find out how the condition of prisoners in India is, through the landmark case of Shri. Nambi Narayana, the ISRO scientist. This case is compared to the country Norway, through the case of Anders Behring Breivik1. This comparative study will help understand the difference between the two justice systems and the improvements needed. The Article also provide a brief insight on the various aspects of the prisons act, 1894. Thorough analysis of the act is carried out and constructive changes in the present act are suggested.

Keywords: The prisons act, 1894, Indian legislation, Comparative analysis, Fundamental Rights, Prisoners in India