Q. 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?
(a) Both Statement- I and Statement- II are correct, and Statement- II is the correct explanation for Statement- I
(b) Both Statement- I and Statement- II are correct, and Statement- II is not the correct explanation for Statement- I
(c) Statement- I is correct, but Statement- II is incorrect
(d) Statement- I is incorrect, but Statement- II is correct
Answer: a
Explanation:
Prison is a State subject under List II of the Seventh Schedule in the Constitution. The management and administration of Prisons fall 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.
Hence, statement 1 is correct.
THE PRISONS ACT, 1894 – — In this Act— (1) “prison” means any jail or place used permanently or temporarily under the general or special orders of a State Government for the detention of prisoners and includes all lands and buildings appurtenant thereto, but does not include—
(a) any place for the confinement of prisoners who are exclusively in the custody of the police;
(b) any place specially appointed by the State Government under section 541 of the Code of Criminal Procedure, 1882; or
(c) any place which has been declared by the State Government, by general or special order, to be a subsidiary jail:
Hence, statement 2 is correct & statement 2 correctly explains statement 1.
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