Model Prison Act, 2023

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Contents

• What is being changed?
• New Provisions being proposed
• Is the Model Prisons Act, 2023, binding on states?

Background: What is being changed?

• Prisons Act, 1894, The Prisoners Act, 1900, and the Transfer of Prisoners Act, 1950 have been reviewed by the MHA, and their relevant provisions have been assimilated into the Model Prisons Act, 2023.
• Prisons Act, 1894:
  • This is the first legislation that governed the management and administration of prisons in India.
  • It defined a “prison” as “any jail or place used permanently or temporarily under the general or special order of a state government for the detention of prisoners”.
  • It demarcated prisoners into three different categories as per the nature of crime – “Criminal Prisoners”, “Convicted Criminal Prisoners” and “Civil Prisoners”.
• The Prisoners Act 1900 was introduced with the objective of consolidating the “several acts relating to prisoners” and replacing the “separate enactments by a single act”.
• Besides these there were other legislations, like the Transfer of Prisoners Act, 1950, which also provided for the removal of prisoners from one state prison to another.
• Currently, the Jail Manuals of each state also deal with the administration and management of its prisons.

Details of Change:

• It is an attempt to shift focus of incarceration from “retributive deterrence” to “reform and rehabilitation”. It intends to provide guidance and address gaps in the existing prison laws.

­ New Provisions being proposed:

• Create provisions for the grant of parole, furlough, and remission to prisoners to encourage good conduct.
• Separate accommodation for women and transgender inmates.
• Ensure physical and mental well being of prisoners.
• Focus on reforms and rehabilitation of prisoners.
• Bring about attitudinal change towards prisoners and initiate vocational training and skill development for prisoners for their integration into society.
• Transparency in Prison Management:
  • Provisions for security assessment and segregation of prisoners;
  • Individual sentence planning
  • Grievance redressal
  • Prison development board
  • Use of technology in prison administration
• Different types of jails:
  • High Security
  • Semi-open jail
  • Open Jails
• Measures for video-conferencing with courts.

Is the Model Prisons Act, 2023, binding on states?

• ‘Prisons’ and ‘persons detained therein’ fall under the state list. This means that the responsibility of prison management and administration solely vests with the state government, which alone is competent to make appropriate legislative provisions in this regard.
• So why the Model Prisons Act?
  • MHA states that owing to the critical role played by “efficient prison management” in
    the criminal justice system, the centre finds it crucial to support the states and Uts in this regard.
  • There were several lacunas in existing prisons act, which regulates the prison
    administration in most states and Uts, the government thought it fit to revise the law to align it with “modern day needs and requirements of prison management”