Lok Sabha Question No. 2629 (UNSTARRED), answered on 2025-12-16
Subject: Model Prison Manual
Ministry: HOME AFFAIRS
Asked by: Dr. Sambit Patra

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 2629

TO BE ANSWERED ON THE 16 TH  DECEMBER, 2025/ AGRAHAYANA 25, 1947 (SAKA)

MODEL PRISON MANUAL

†2629. DR. SAMBIT PATRA:

Will the Minister of HOME AFFAIRS be pleased to state:

(a)  the  main features of the new criminal laws and the provisions made therein to ensure speedy and affordable justice;

(b)  whether  any  provision  has  been  made  in  the  said  laws  for  'trial  in absentia';

(c) whether the Model Prison Manual has been formulated in accordance with the new criminal laws;

(d)  the  manner  in  which  the  new  criminal  laws  and  the  Model  Prison Manual are likely to be helpful in reducing overcrowding in prisons; and

(e) the details of the outcomes  achieved  in  recent years by the implementation of the new criminal laws and the Model Prison Manual?

## ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI BANDI SANJAY KUMAR)

(a) : The details of provisions in the Bharatiya Nyaya Sanhita (BNS), 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and Bharatiya Sakshya Adhiniyam  (BSA),  2023  to  ensure  speedy  and  affordable  justice  are  as follows:

## L.S.US.Q.NO. 2629 FOR 16.12.2025

- i. Faster and Fair Resolution:  The new laws promise a faster and fair resolution of cases, instilling confidence in the legal system. Crucial stages  of  investigation  and  trial  like  -  preliminary  enquiry  (to  be completed in  14  days),  further  investigation  (to  be  completed  in  90 days), supply of document to the victim and accused (within 14 days), commitment of  a  case  for  trial  (within  90  days),  filing  of  discharge applications  (within  60  days),  framing  of  charges  (within  60  days), pronouncement  of  judgment  (within  45  days)  and  filing  of  mercy petitions  (30  days  before  Governor  and  60  days  before  President)  have  been  streamlined  and  to  be  completed  within  stipulated  time period.
- ii. Fast-Track Investigations: The new laws prioritize the investigations for offences against women and children, ensuring timely completion within two months of recording information.
- iii. Adjournments:  Provision of a maximum of two adjournments to avoid unnecessary delays in case hearings, ensuring timely justice delivery.
- iv. To significantly improve the speed, efficiency and transparency of the judicial process, applications like e-Sakshya, e-Summon, and Nyaya-

## L.S.US.Q.NO. 2629 FOR 16.12.2025

Shruti (VC) have been developed. While the e-Sakshya enables lawful, scientific  and  tamper-proof  collection,  preservation  and  electronic submission of digital evidence thus ensuring authenticity and reducing  delays,  e-Summon  allow  summons  to  be  delivered  through electronic means, making the process faster, time-bound and easily trackable. Nyaya-Shruti (VC) facilitates virtual appearance of accused persons,  witnesses,  police  officials,  prosecutors,  scientific  experts, prisoners etc. through video conferencing.

(b) : A new section 356 has been added in BNSS, 2023 which provides for trial  in  absentia  for  persons  declared  as  proclaimed  offenders  and  the Court to proceed with the trial and pronounce the verdict in the absence of the accused. This provision ensures that justice is neither delayed nor denied.

(c) : This Ministry had prepared the Model Prison Manual in the year 2016 whereas the  new  Criminal  Laws  have  come  into  force  with  effect  from 01.07.2024.

(d)&  (e):  In  order  to  reduce  overcrowding  of  jails,  following  provisions have been made in BNS, 2023 and BNSS, 2023 :

- (i) In  section  290  of  BNSS,  2023,  plea  bargaining  has  been  made  time bound and application for plea bargaining can be made within 30 days from date of framing of charge. In a plea bargaining case, in working out a mutually satisfactory disposition of case under section 293 of BNS, 2023, where the accused is first-time offender and has not been convicted  of  any  offence  in  the  past,  the  Court  may  sentence  such accused person to one-fourth/one-sixth of punishment prescribed for such offence.
- (ii) The  maximum  period  for  which  undertrial  prisoner  can  be  detained has  been  prescribed  in  the  section  479  of  BNSS,  2023.  It  has  been provided that where a person is a first-time offender (who has never been convicted of any offence in the past), he shall be released on bond  by  the  Court,  if  he  has  undergone  detention  for  the  period extending  up  to  one-third  of  the  maximum  period  of  imprisonment specified for such offence under that law. Further, it shall be the duty of the Superintendent of Jail to make an application to the Court in this regard.
- (iii) For the first time, Community Service has been introduced as one of the punishments.

- (iv) The  Model  Prison  Manual  2016  has  chapters  on  'Legal  Aid'  and 'Undertrial Prisoners' which provide the details of facilities provided to undertrial inmates, namely legal defence, interview with lawyers, application  to  Courts  for  legal  aid  at  Government  cost  etc.,  which help in reducing overcrowding in prisons.

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