To replace the 130-year-old pre-independence era law‘Prisons Act, 1894’, the Centre has finalised a comprehensive ‘Model Prisons Act, 2023’ that will focus more on the reformation and rehabilitation of inmates.
The existing prisons act is almost 130 years old. In India, prisons and the ‘persons detained therein’ are a State subject.
The home ministry found there were "several lacunae" in the existing Prisons Act and there was a "conspicuous omission" of the correctional focus in the existing Act. "The (existing) Act mainly focuses on keeping the criminals in custody and enforcement of discipline and order in prisons. There is no provision for reform and rehabilitation of prisoners in the existing Act," it said.
Model Act
The home ministry said a comprehensive 'Model Prisons Act, 2023' was finalised with the objective of holistically providing guidance and addressing the gaps in the existing Prisons Act including the use of technology in prison management, making provisions for grant of parole, furlough, remission to prisoners to encourage good conduct, special provision for women/transgender inmates, physical and mental well-being of prisoners and focus on the reformation and rehabilitation of inmates.
The model act has been forwarded to the States and UTs for guidance.
Under the new Act, prisons will be viewed as reformative and correctional institutions, with a focus on transforming and rehabilitating inmates back into society as law-abiding citizens.
Benifis of the Model Act
It also has a provision of establishing and managing high security jail, open and semi-open jails in states, protecting the society from criminal activities of hardened criminals and habitual offenders and legal aid to prisoners, provision of parole, furlough and premature release, to incentivize good conduct.
Additionally, the Act provides for the establishment and management of high-security jails, open jails (open and semi-open), and the protection of society from the criminal activities of hardened criminals and habitual offenders.
The Act also provides for legal aid to prisoners and provisions for parole, furlough, and premature release to incentivise good conduct
Salient features of the new Model Prisons Act
Some salient features of the new Model Prisons Act include a provision for security assessment and segregation of prisoners, individual sentence planning, grievance redressal, the establishment of a prison development board, and a focus on the physical and mental well-being of prisoners.
Another salient features of the model Act are provisions of punishment for prisoners and jail staff for use of prohibited items like mobile phones etc. in jails and providing for legal aid to prisoners, provision of parole, furlough and premature release etc. to incentivise good conduct.
The new comprehensive act, the ministry said, may serve as a guiding document for the states, and for adoption in their jurisdiction. Along with ‘The Prisons Act, 1894’, ‘The Prisoners Act, 1900’ and ‘The Transfer of Prisoners Act, 1950’ have also been reviewed by the MHA and relevant provisions of these acts have been assimilated in the ‘Model Prisons Act, 2023’, it added.