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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. Among the salient features of the Act are 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, and provisions for protecting the society from the criminal activities of hardened criminals and habitual offenders. It also contains provisions for providing legal aid to prisoners, parole, furlough and premature release to incentivise good conduct. Prisons in the country and ‘persons detained therein’ are a State subject and the existing law in this context, 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 Model Prisons Act might serve as a “guiding document” for the States, and for adoption in their jurisdiction.
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