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Prison Reforms In India Vis-A-Vis The Bharatiya Nagarik Suraksha Sanhita




Dr Mridula Devi, Associate Professor, University of Science & Technology, Meghalaya

P. Lalremruati, Research Scholar, University School of Law & Research, University of Science & Technology, Meghalaya


ABSTRACT


India witnesses a revolutionary shift in the Indian Criminal justice system through the enactment of the new criminal laws. The new laws, known as Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam superseded the colonial era criminal law i.e Indian Penal Code (IPC) of 1860, the Code of Criminal Procedure (CrPC) of 1973, and the Indian Evidence Act (IEA) of 1872. The need for reforms and changes in the new laws is realization of the outdated existing laws. The new laws seek to achieve timely and effective response to the changing circumstances and challenges of crime. It seeks to modernize the criminal justice system with the integration of modern technologies in justice delivery. Key reforms in the Bharatiya Nagarik Suraksha Sanhita includes speedy disposal of cases, E-FIR, use of audio electronic records in arrest, search, seizure and disposal of seized article, the use of forensic technology and data analytics in criminal investigations, specific timeline for legal proceeding, introduction of preliminary inquiry in some cases, enlargement of bail provisions etc. One of the main hurdles in prison reforms is the problems of overcrowding. As per Prison Statistics 2022, the number of Prison in India is 1,330 and the actual sanction capacity is 4,36,266 prisoners. At the end of the year 5,73,220 prisoners were lodged in different Prison. This clearly indicate that over-crowding exist in the Indian Prison. To achieve Prison reforms would be a difficult task with problem of over- crowing. Therefore, this paper attempts to analyze that through the enactment of the Bharatiya Nagarik Suraksha Sanhita how Prison reforms can be achieved by reducing the problem of over-crowding


Keywords: Prison reform, over-crowding, criminal justice system, Bharatiya Nagarik Suraksha Sanhita



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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