Model Prisons Act 2023

May 13, 2023

Context:

The Ministry of Home Affairs has prepared the Model Prisons Act 2023 that will replace a British era law to overhaul the prison administration, which will focus on the reformation and rehabilitation of inmates.

Salient Features of the Act:

Provisions of punishment for prisoners and jail staff for use of prohibited items such as mobile phones in jails.
Establishment and management of high security jails, open jail.
Provisions for protecting the society from the criminal activities of hardened criminals and habitual offenders.
Provisions for providing legal aid to prisoners, parole, furlough and premature release to incentivise good conduct.

Need of the Model Act:

The MHA said it found that there were several lacunae in the existing Prisons Act and there was conspicuous omission of the correctional focus in the existing Act.
The existing law- the Prisons Act of 1894 is a pre independence era Act and is almost 130 years old. Two other related laws — The Prisoners Act, 1900 and The Transfer of Prisoners Act, 1950 are also decades old.
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.
The Model Prisons Act might serve as a guiding document for the States, and for adoption in their jurisdiction as prisons in the country and persons detained therein are a State subject.