PROPORTIONATE SENTENCING: A SOLUTION TO PRISON OVERCROWDING UNDER THE CNSA
Date.28 Jan, 2025
Pakistan’s prison system faces a critical challenge, with 21.46% of its total prison population incarcerated under the Control of Narcotic Substances Act (CNSA), contributing to an overcrowding rate of 152.2%. The 2022 Amendment to the CNSA exacerbated this crisis by introducing mandatory minimum sentences, removing parole, probation, and remission for most offenders, and imposing rigid, quantity-based penalties. These measures led to an increasing surge in incarceration rates for drug offences, with an 18.98% increase between 2024 and 2025. Within months of the Amendment, a 12,000-person increase in Punjab’s prison population was observed.
Despite rising incarceration rates, conviction rates have plummeted—from 16% in 2022 to 2% in 2023 in Punjab. Prolonged pre-trial detention has resulted in under-trial prisoners constituting 73.41% of the prison population. The current framework disproportionately penalises low-level offenders while failing to deter large-scale trafficking effectively. These systemic inefficiencies highlight the urgent need for reforms to ensure proportionate sentencing, promote rehabilitation, and align with international human rights standards.
International best practices from jurisdictions like Portugal and Malaysia demonstrate the benefits of health-centered and rehabilitative approaches. To reduce recidivism, ease the burden on the criminal justice system, and uphold international legal obligations, Pakistan must implement comprehensive reforms to the CNSA and adopt evidence-based alternatives to incarceration.
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