A new Model Prisons Act, 2023, that will replace the pre-Independence era law has been prepared by the Centre to address lacunae in the existing law and focus more on reformation and rehabilitation of inmates.

The ministry of home affairs assigned the task of revision of the Prisons Act, 1894 to the Bureau of Police Research and Development (BPRD). The Bureau, after holding wide ranging discussions with state prison authorities, correctional experts, etc, prepared a draft.

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’. 

What is the purpose of new model Act?

• The present ‘Prisons Act, 1894’ 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.

• In the last few decades, an altogether new perspective has evolved about prisons and prison inmates, globally. 

• Two other related laws — the Prisoners Act, 1900 and the Transfer of Prisoners Act, 1950 — are quite old.

• As per the provisions of Constitution of India, ‘prisons’/ ‘persons detained therein’ is a State Subject. However, given the critical role that efficient prison management plays in the criminal justice system, the government of India attaches high degree of importance to supporting the states/UTs in this regard.

• The model Act may serve as a guiding document for the states, and for adoption in their jurisdiction.

• State governments and Union Territory administrations can adopt the Model Prisons Act, 2023 in their jurisdictions, with such modifications which they may consider necessary, and repeal the existing three Acts.

Salient features of the new Model Prisons Act:

• Provision for security assessment and segregation of prisoners, individual sentence planning.

• Grievance redressal, prison development board, attitudinal change towards prisoners.

• Provision of separate accommodation for women prisoners, transgenders, etc.

• Provision for use of technology in prison administration with a view to bring transparency in prison administration.

• Provision for video conferencing with courts, scientific and technological interventions in prisons, etc.

• Provision of punishment for prisoners and jail staff for use of prohibited items like mobile phones etc. in jails.

• Provision regarding establishment and management of high security jail, open jail (open and semi open), etc.

• Provision for protecting the society from the criminal activities of hardened criminals and habitual offenders, etc.

• Provision for legal aid, parole, furlough and premature release, etc to incentivise good conduct.

• Focus on vocational training and skill development of prisoners and their reintegration into the society.

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