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RNI No. MAHBIL /2009/40123
महाारााष्ट्रट शाासन रााजपत्र
असाधााराण भााग पाच–अ
वर्षष ११, अंक २२ ] शानिनवारा, नि�संबरा १३, २०२५/अग्रहाायण २२, शाके १९४७ [ पष्ृठे े३३, निकमं त : रुपय े३६.००
असाधााराण क्रमांक ५१
प्राानिधाकृत प्राकाशान
महाारााष्ट्र निवधाानसभाेत व महाारााष्ट्र निवधाानपरिरार्षदेेत सादेरा केलेेलेी निवधाेयके (इंंग्रजी अनुवादे).
MAHARASHTRA LEGISLATURE SECRETARIAT
The following Bill was introduced in the Maharashtra Legislative Assembly on the
13th December, 2025 is published under Rule 117 of the Maharashtra Legislative Assembly Rules.
L. A. BILL No. CIX OF 2025.
A BILL
to consolidate laws relating to prisons, prisoners and correctional services
in the State of Maharashtra and to provide for regulation thereof
and matters connected therewith or incidental thereto.
WHEREAS it is expedient to consolidate laws relating to prisons,
prisoners and correctional services in the State of Maharashtra and to provide
for regulation thereof and matters connected therewith or incidental thereto;
it is hereby enacted in the Seventy-sixth Year of the Republic of India, as
follows :—
)१(
भााग पााच-अ–५१-१.
एचबीी-२५०६-१.2 महाारााष्ट्रट शाासन रााजपत्र असाधााराण भााग पाच–अ, नि�संबरा १३, २०२५/अग्रहाायण २२, शाके १९४७
CHAPTER I
PRELIMINARY.
Short title 1. (1) This Act may be called the Maharashtra Prisons and Correctional
and Services Act, 2025.
commencement.
(2) It shall come into force on such date as the State Government may,
by notification in the Official Gazette, appoint.
Definitions. 2. (1) In this Act, unless the context otherwise requires,—
(a) “after-care service” means a service or activity aimed at the
rehabilitation of the released prisoner for enabling him to lead a
productive life as a dutiful citizen;
(b) “civil prisoner” means any prisoner who is not a criminal prisoner;
(c) “communication device” means a communication device defined 21 of
2000.
under clause (ha) of sub-section (1) of section 2 of the Information
Technology Act, 2000;
(d) “convicted prisoner” means a person who has been found guilty
of an offence and is serving a sentence in prison;
(e) “condemned prisoner” means a prisoner sentenced to death by a
competent court and whose petition for mercy is rejected;
(f) “correctional service” means any service or program aimed at the
reformation and rehabilitation of a prisoner, and includes services related
to supervision, training, control and custody of a prisoner;
(g) “court” includes any officer lawfully exercising civil, criminal or
revenue jurisdiction;
(h) “criminal prisoner” means any prisoner who is under the sentence
of a court or court-martial, and includes a person detained in prison,
under the provisions of Chapter IX of the Bharatiya Nagarik Suraksha 46 of
Sanhita, 2023; 2023.
(i) “detenue” means any person detained in prison on the orders of
a competent authority under any law providing for preventive
detention;
(j) (1) “Director General” means the Director General of Prisons and
Correctional Services;
(2) “Special Inspector General” means the Special Inspector General
of Prisons and Correctional Services;
(3) “Deputy Inspector General” means the Deputy Inspector General
of Prisons and Correctional Services;
(4) “Superintendent” means the Superintendent of Central Prison
and Correctional Services;
(5) “Additional Superintendent” means the Additional Superintendent
of Central Prison and Correctional Services;
(6) “Deputy Superintendent” means the Deputy Superintendent of
Central Prison and Correctional Services;
(7) “Jailor” means the Jailor of Prison and Correctional Services;
(8) “Deputy Jailor” means the Deputy Jailor of Prison and
Correctional Services;महाारााष्ट्रट शाासन रााजपत्र असाधााराण भााग पाच–अ, नि�संबरा १३, २०२५/अग्रहाायण २२, शाके १९४७ 3
(9) “Assistant Jailor” means the Assistant Jailor of Prison and
Correctional Services;
(k) “foreign prisoner” means any prisoner who is not a citizen of
India;
(l) “furlough” means a short leave granted to a convicted prisoner,
after undergoing a prescribed period of sentence, as an incentive for
maintaining good conduct in prison;
(m) “habitual offender” means habitual offender defined under clause
LXI of (e) of section 2 of the Maharashtra Habitual Offenders Act;
1959.
(n) “high-risk prisoner” means a prisoner with high propensity
towards violence, escape, self-harm, disorderly behavior, likely to create
unrest in the prison and a threat to public order and includes those
engaged in organized crime, drugs, human trafficking and terrorist
activities and includes dangerous prisoners, hardened criminals, habitual
offenders, negatively influencing other prisoners, etc.;
(o) “high-security prison” means an independent self-sufficient prison
complex with dynamic and strengthened security systems with provision
for an independent court complex, etc., to house high-risk prisoner;
(p) “history-ticket” means the record, either in physical or electronic
format, containing all relevant information, in respect of a prisoner;
(q) “Medical Officer” in relation to prisons, means a qualified
Government Medical Practitioner deputed as a Medical Officer of a
prison;
(r) “medical subordinate staff” means a qualified medical assistant,
such as pharmacist, nurse, lab technician, etc., deputed in a prison;
(s) “officer-in-charge of a prison” means an officer appointed by the
competent authority as in-charge of a prison;
(t) “parole” means temporary release of a convicted prisoner from
prison, for a short period of time, for attending exigencies as may be
prescribed;
(u) “prescribed” means prescribed by rules made under this Act;
(v) “prison” means any place or building used permanently or
temporarily under the general or special orders of the Government for
the detention of prisoners and for providing correctional services to them
and includes all lands and buildings appurtenant thereto, but does not
include,–
(i) any place for the confinement of prisoners who are exclusively
in the custody of the police;
46 of (ii) any place specially designated by the State Government under
2023. section 457 of the Bharatiya Nagarik Suraksha Sanhita, 2023; or
(iii) any place which has been declared by the State Government,
as a subsidiary jail, by a general or special order;4 महाारााष्ट्रट शाासन रााजपत्र असाधााराण भााग पाच–अ, नि�संबरा १३, २०२५/अग्रहाायण २२, शाके १९४७
(w) “Prisons Force” means the Prisons and Correctional Services
Force specified in section 5 of the Act;
(x) “prisoner” means a person committed to custody in a prison, under
the writ, warrant or order of any court or a competent authority and
includes criminal prisoner, civil prisoner, undertrial prisoner, prisoner
remanded by a court or by order of a court-martial, to prison custody
under the orders of a competent authority and a detenue ;
(y) “prohibited article” means an article, the introduction or removal
of which into or out of a prison is prohibited by any rule made under this
Act;
(z) “punishment-book” means a register that contains the record, in
respect of every punishment levied, the prisoner’s name, prisoner
identification number and the class (whether habitual or not) to which
he belongs, the prison-offence of which he is guilty, the date on which the
prison-offence was committed, the number of previous prison-offences
committed by the prisoner and the date of commission of such previous
prison-offences, and the date, period and type of punishment levied;
(aa) “recidivist” means any prisoner who is convicted for a crime
more than once;
(ab) “remission” means a concession as may be prescribed granted
to an eligible convicted prisoner by the competent authority, the
consequence of which may be shortening of sentence of the prisoner;
(ac) “rules” means rules made under this Act;
(ad) “State Government” or “Government” means the Government
of Maharashtra ;
(ae) “undertrial prisoner” means a person who is not a convict
and has been committed to judicial custody pending investigation by
the police or trial by a court of competent jurisdiction;
(af) “young offender” means a prisoner who has attained the age
of eighteen years and has not completed the age of twenty-one
years.
(2) Words and expressions used herein and not defined in this Act, but 21 of
defined in the Information Technology Act, 2000, the Bharatiya Nyaya Sanhita, 2000.
2023, and the Bharatiya Nagarik Suraksha Sanhita, 2023 shall have the 45 of
2023.
meanings, respectively, assigned to them in the said Act and Sanhitas.
46 of
2023.
CHAPTER II
PRISON AND CATEGORIES THEREOF.
Prison. 3. (1) The State Government shall provide sufficient number of prisons
for accommodating prisoners.
(2) In the prison, a prisoner shall be kept in safe custody.
(3) In the prison, suitable measures for the safety and security of prisoners
shall be undertaken.महाारााष्ट्रट शाासन रााजपत्र असाधााराण भााग पाच–अ, नि�संबरा १३, २०२५/अग्रहाायण २२, शाके १९४७ 5
(4) In the prison, the discipline and daily routine shall be maintained in
accordance with the provisions of this Act and the rules made thereunder.
(5) In the prison, the prisoners shall be provided with food, clothing,
accommodation, other necessities and medical treatment and other facilities
as may be prescribed.
(6) The correctional services and after-care services may be provided to
the prisoners with the objective of rehabilitating them in the society as law
abiding citizens.
4. (1) The Government shall establish the following categories of prisons, Categories of
namely :— prisons.
(a) Central Prison: A prison with a capacity of 800 and more
prisoners;
(b) District Prison Class-I: A prison with a capacity ranging from
300 to 799 prisoners;
(c) District Prison Class-II: A prison with a capacity ranging from
151 to 299 prisoners;
(d) District Prison Class-III: A prison with a capacity ranging from
51 to 150 prisoners;
(e) Special Prison: A District Prison designated as a Special Prison
by order of the State Government, where the prisoners are
transferred on disciplinary grounds and they become ineligible
for certain privileges like remission and furlough;
(f) Open Prison: A prison for confinement of eligible prisoners on
such conditions, as may be prescribed, for giving them more
liberty outside the regular prison for facilitating their rehabilitation
after release;
(g) Prison for women: A prison designated exlusively for confinement
of women prisoners;
(h) Temporary Prison: Any place or building declared as a prison by
the Government or by any authority as may be authorized by the
Government, for detention of prisoners for a specified period of
time, in case of an emergency or epidemic or overcrowding in
prison;
(i) Open Colony: A place for confinement of eligible prisoners where
they have the option of living with their families on such
conditions as may be prescribed, for giving them more liberty;
(j) Borstal Institution: A place for confinement of young offenders.
(2) The Government may determine the number of prisons of any category
mentioned in sub-section (1) and the place at which it may be established.
(3) Each Central Prison and District Prison shall have provision for
separate wards or cells for lodging high-risk prisoners, habitual offenders and
recidivists, to ensure segregation and protection of other prisoners.
(4) Appropriate and advanced security infrastructure and procedures shall
be made for high-risk prisoner ward in all Central or District Prisons. Such
prisons may also have appropriate provisions for an independent court complex
for holding court hearings or trials.6 महाारााष्ट्रट शाासन रााजपत्र असाधााराण भााग पाच–अ, नि�संबरा १३, २०२५/अग्रहाायण २२, शाके १९४७
CHAPTER III
ORGANISATIONAL STRUCTURE OF PRISONS AND
CORRECTIONAL SERVICES.
Constitution 5. (1) There shall be a Prisons Force for the State of Maharashtra
of Prisons
consisting of the following:—
Force.
(a) Director General of Prisons and Correctional Services;
(b) Special Inspector General of Prisons and Correctional Services;
(c) Deputy Inspector General of Prisons and Correctional Services;
(d) Superintendent of Central Prison and Correctional Services;
(e) Additional Superintendent of Central Prison and Correctional
Services or Superintendent of District Prison and Correctional
Services Class I;
(f) Deputy Superintendent of Central Prison and Correctional
Services or Superintendent of District Prison and Correctional
Services Class II;
(e) Jailor or Superintendent District Prison Class III;
(f) Deputy Jailor, Assistant Jailor;
(g) Subhedar, Head Constable, Constable;
(h) any other officer as may be prescribed.
(2) The Prisons Force shall have such powers, perform such functions and
discharge such duties as may be specified in this Act and the rules.
(3) Every member of the Prisons Force shall have power to use allotted
weapons as may be required for the discharge of his duties.
(4) The recruitment, pay, allowances and all other conditions of service
of the Prisons Force shall be such as may be prescribed.
Superintendence 6. (1) The Superintendence of the Prisons and Correctional Services
of Prisons and shall be vested in the Home Department of the State Government.
Correctional
Services. (2) The Director General shall exercise, subject to the orders of the State
Government, the general control and superintendence of the prisons and
correctional services.
(3) The Government may appoint one or more Special Inspector General
and Deputy Inspector General.
(4) The Government may direct that, any of the powers, functions, duties
and responsibilities of the Director General under this Act or under any law
for the time being in force, may be exercised, performed or discharged, as the
case may be, by the Special Inspector General in respect of all prisons situated
in the State.
(5) The Director General may direct that any of its powers, functions,
duties and responsibilities and the authority under this Act or under any law
for the time being in force, may be exercised, performed or discharged, as the
case may be, by the Deputy Inspector General in respect of all prisons situated
in territories under their jurisdiction.महाारााष्ट्रट शाासन रााजपत्र असाधााराण भााग पाच–अ, नि�संबरा १३, २०२५/अग्रहाायण २२, शाके १९४७ 7
(6) For every Central Prison, there shall be a Superintendent, Additional
Superintendent and Deputy Superintendent.
(7) The Superintendent shall be the officer-in-charge of the prison and
all other officers and staff shall be subordinate to him and shall obey his
orders, instructions and directions.
(8) The Additional Superintendents and Deputy Superintendents shall
carry out and discharge all or any of the powers, duties and functions of
Superintendent provided under this Act, if delegated to them, subject to the
general or special orders of the Deputy Inspector General.
(9) (a) For Central Prison, there shall be an officer-in-charge of the rank
of Superintendent.
(b) For District Prison (Class I), there shall be an officer-in-charge of
the rank of Additional Superintendent.
(c) For District Prison (Class II), there shall be an officer-in-charge
of the rank of Deputy Superintendent.
(d) For District Prison (Class III), there shall be an officer-in-charge
of the rank of Jailor.
(10) Every prison shall also have ministerial, technical and teaching
staff.
7. The Government may appoint such other personnel on regular basis Other
or deputation or contract, as it may deem necessary, for the proper personnel.
administration of prisons.
8. The prisoners who have been appointed as convict overseer shall be Convict
deemed to be public servant within the meaning of clause (28) of section 2 of overseer.
45 of the Bharatiya Nyaya Sanhita, 2023.
2023.
CHAPTER IV
FUNCTIONS, DUTIES AND POWERS OF OFFICERS AND
STAFF OF PRISONS.
9. (1) Subject to the provisions of this Act and the rules, orders and Functions
directions of the Director General the officer-in-charge of a prison shall manage and duties
of officer-
the prison in all matters including admission of prisoners, security of the
in-charge of
prison, correctional programs, allowing visitors inside the prison, expenditure,
prison.
discipline, punishment and control and release of prisoners, with the aid and
assistance of other subordinate officers and staff.
(2) The officer-in-charge of a prison shall be responsible for all aspects
of management of the prison, all matters related to discipline, labour,
expenditure, proper upkeep of the prison and all equipment and machinery,
punishment and control, and function in accordance with the orders of higher
authorities.
(3) The officer-in-charge of a prison shall be responsible for the safe
custody of all documents or records, including records in electronic format, in
his care, and for the money and other articles taken from prisoners, and
perform such other duties and discharge such other functions as may be
prescribed.8 महाारााष्ट्रट शाासन रााजपत्र असाधााराण भााग पाच–अ, नि�संबरा १३, २०२५/अग्रहाायण २२, शाके १९४७
(4) The officer-in-charge of a prison shall exercise such disciplinary
powers as assigned to him under the Act or as may be prescribed for regulation
of prisoners, maintaining prison discipline and proper management of the
prison, including high security wards.
(5) The officer-in-charge of a prison may utilize the services of prisoners
in accordance with the rules, for the day-to-day maintenance of premises and
house-keeping of the prisons.
(6) The officer-in-charge of a prison shall maintain or cause to be
maintained the following records :—
(a) a register of prisoners admitted;
(b) a book mentioning when each prisoner is to be released;
(c) a punishment-book for the entry of the punishments inflicted on
prisoners for prison offences;
(d) a visitors’ book for the entry of any observations made by the
visitors related to any matters connected with the administration
of the prison;
(e) a record of the money and other articles taken from prisoners at
the time of admission into the prison;
(f) any other records as may be prescribed.
Medical 10. (1) There shall be a Medical Officer for every prison.
Officer of
(2) The Medical Officer shall take necessary measures for treatment of
prison and his
duties. prisoners and shall be responsible for sanitary administration of the prison
and shall perform such other duties as may be prescribed, subject to the control
of the Superintendent.
(3) If the post of the Medical Officer is vacant, then the Resident Medical
Officer or any other Medical Officer designated by the doctor-in-charge of the
Government Hospital shall act as the Medical Officer of the prison, who shall
visit the Central or District Prison, as the case may be, at least once a
fortnight. Such Medical Officer shall take necessary measures for the treatment
of prisoners, as and when he is informed by any officer or staff of the prison,
of any ailment of a prisoner.
Medical 11. (1) Whenever the Medical Officer has a reason to believe that the
Officer to mind of a prisoner is, or is likely to be, adversely affected by the discipline or
report in treatment to which he is subjected, the Medical Officer shall report the case
certain cases.
in writing, to the Superintendent, together with such observations, as he may
deem proper.
(2) The report, with the orders of the Superintendent thereon, shall
forthwith be sent to the Deputy Inspector General, for information.
Report on 12. (1) On the death of any prisoner, the Medical Officer shall forthwith
death of a record all relevant details and particulars of the case as specified below, and
prisoner.
send the report to the officer-in-charge of a prison:—
(a) the day on which the deceased first complained of illness or was
observed to be ill;
(b) the labour, if any, in which he was engaged on that day;महाारााष्ट्रट शाासन रााजपत्र असाधााराण भााग पाच–अ, नि�संबरा १३, २०२५/अग्रहाायण २२, शाके १९४७ 9
(c) the scale of his diet on that day;
(d) the day on which he was admitted to the hospital;
(e) the day on which the Medical Officer was first informed of the
illness;
(f) the nature of the disease;
(g) when the deceased was last seen before his death, by the Medical
Officer or Medical Subordinate;
(h) the date and time of death of the prisoner, and
(i) in cases where a post-mortem examination is made, an account
of the appearance after death, together with any other details
noticed by the Medical Officer.
(2) The officer-in-charge of a prison shall immediately inform about the
death of the prisoner to the Deputy Inspector General and the Director
General. He shall also inform the National Human Rights Commission and
other authorities as may be specified in general or special orders of the
Government.
13. The Jailor, Deputy Jailor or Assistant Jailor shall, subject to the Duties
control and supervision of the Superintendent,— of Jailor,
Deputy Jailor,
(a) be in-charge and shall be the custodian of prisoners and custody Assistant
of properties of prisoners; Jailor.
(b) give, on the death of a prisoner in prison, immediate report of
such death to the Superintendent and the Medical Officer,
narrating in brief the circumstances under which the prisoner
died;
(c) be responsible for the safe custody of the money and other articles
deposited by the prisoners at the time of admission;
(d) perform such other duties and discharge such other functions,
as may be prescribed.
14. The prison staff or officer, designated by the Superintendent as Duties of
Gate-Officer, shall examine everything carried in or out of the prison, and Gate-Officer.
may stop and search or cause to be searched any person, suspected of bringing
any prohibited articles in or out of the prison, or of taking away any property
belonging to the prison, and if any such article or property is found, shall give
immediate intimation thereof to the officer-in-charge of a prison.
15. (1) The Director General, the Special Inspector General or the Disciplinary
Deputy Inspector General, may take disciplinary action against any officer or action
staff of prisons, who are subordinate in rank to them, for any misconduct, as against any
subordinate
may be prescribed.
officer or staff.
(2) The punishments provided under the rules made under this Act shall
be in addition to those prescribed in the Maharashtra Civil Services (Discipline
and Appeal) Rules, 1979.
16. All officers and staff of prison are always deemed to be on duty and Officers
shall be available for deployment in any part of the prison or at any other and staff
are always
place, within the State.
deemed to be
on duty.
भााग पााच-अ–५१-२.
एचबीी-२५०६-२.10 महाारााष्ट्रट शाासन रााजपत्र असाधााराण भााग पाच–अ, नि�संबरा १३, २०२५/अग्रहाायण २२, शाके १९४७
CHAPTER V
GENERAL CONDUCT OF OFFICERS AND STAFF OF PRISONS.
Conduct 17. All officers and staff of the prisons shall be governed by the
rules. Maharashtra Civil Service (Conduct) Rules, 1979 and the Maharashtra Civil
Services (Discipline and Appeal) Rules, 1979 and any other rules as may be
prescribed.
Prohibition 18. The officers and staff of prisons and their relatives shall not have
of business any business dealings with prisoners and interest in prison contracts, directly
dealings.
or indirectly.
Prohibition of 19. The officers and staff of prisons and their relatives shall not accept
acceptance of any gift from a prisoner or prisoner’s relatives or friends or a person having
gift.
any dealings with the prisons.
Prohibition to 20. The officers and staff of prisons shall not join any union, or
form union. organization or undertake any activity, which is detrimental to security,
discipline and smooth functioning of the prisons.
Reside 21. The officers and staff of prisons shall reside in the prison quarters,
in prison
if available, unless the Superintendent permits him in writing to reside
quarters.
elsewhere.
No 22. No prison employee shall be absent from the prison quarters during
unauthorised night, without obtaining permission from the Superintendent and if the prison
absence.
employee remains absent from the prison quarters without obtaining
permission, for some unavoidable necessity, he shall immediately report the
reasons to the Superintendent.
Obedience of 23. All officers and staff of a prison shall obey the lawful orders and
lawful orders. directions of their superior authorities.
CHAPTER VI
WELFARE FUND.
Welfare fund. 24. (1) The Government shall constitute a welfare fund for the welfare
of all officers and staff of prisons and correctional services in the State and
the same may be utilized for such purposes as may be prescribed.
(2) The following moneys shall be deposited in the welfare fund,
namely :—
(a) any grant made by the State Government;
(b) monthly subscription from all officers and staff of the prison;
(c) any bequest, donation, endowments or other grants made by any
person or organization;
(d) interest accruing from investment of the balance of the fund;
(e) any other amount as may be prescribed.महाारााष्ट्रट शाासन रााजपत्र असाधााराण भााग पाच–अ, नि�संबरा १३, २०२५/अग्रहाायण २२, शाके १९४७ 11
CHAPTER VII
INSPECTION OF PRISONS.
25. The Director General shall ensure that all prisons are inspected by Inspection of
an officer of appropriate rank at periodic intervals as may be prescribed. prisons.
26. (1) Every prison shall have a Board of visitors consisting of the Board of
Collector and District Magistrate as Chairperson and such number of members visitors.
as may be prescribed.
(2) The Board shall conduct inspection of prison once in every three
months to ensure the compliance of the provisions of this Act and rules made
thereunder.
(3) After every inspection, a report alongwith the directions and
suggestions of the Board shall be forwarded to the concerned Deputy Inspector
General and the Director General.
CHAPTER VIII
PRISON ARCHITECTURE AND ACCOMMODATION.
27. (1) The architecture and design of a prison, ground space, air space, Prison
ventilation of cells, barracks, toilets, bathing places, kitchen, work-sheds, architecture.
hospitals, etc., shall conform to such standards and requirements, as may be
prescribed.
(2) The standards of security for each prison shall be such as may be
prescribed.
(3) The prisons may be designed to facilitate segregation and separate
lodging for various categories of prisoners and to provide for special needs of
prisoners, such as women, transgenders, persons with disabilities or persons
suffering from contagious disease or mental illness or substance abuse, old
and infirm prisoners, undertrial prisoners, convicted prisoners, high-security
prisoners, habitual offenders, recidivist prisoners, young offenders, civil
prisoners, prisoners who are members of gangs, detenues, etc., as may be
prescribed.
(4) The design of prisons may include accommodation and other facilities
for the officers and staff of prisons as per functional requirement.
(5) The Government shall make rules for regulating construction and for
creating a buffer zone within such distance as may be prescribed therein from
the perimeter walls of different categories of prisons.
28. (1) The Government may allow such facilities or concessions as may Open Prisons
be prescribed in Open Prison and Open Colony which may be helpful to the and Open
Colony.
prisoners in their rehabilitation into the society.
(2) The rules for management of Open Prisons and Open Colony, the
procedure and eligibility for transferring the prisoners to such prisons and
condition of transfer of such prisoners to Open Prison or Open Colony, shall
be such as may be prescribed.12 महाारााष्ट्रट शाासन रााजपत्र असाधााराण भााग पाच–अ, नि�संबरा १३, २०२५/अग्रहाायण २२, शाके १९४७
CHAPTER IX
CLASSIFICATION OF PRISONERS.
Classification 29. (1) Every prison shall have a Classification and Security Assessment
and Security Committee consisting of the Superintendent who shall be the Chairperson
Assessment
and Jailor (Administration), Jailor (Internal Security) and Medical Officer as
Committee.
members, for classification and security assessment of the prisoners.
(2) The Committee shall first ascertain the types of the prisoners
amongst the following :—
(a) civil prisoners;
(b) convicted prisoners;
(c) undertrial prisoners;
(d) detenues;
(e) recidivists or habitual offenders;
(f) prisoners sentenced to death;
(g) condemned prisoners;
(h) any other type of prisoners as may be prescribed.
(3) The Committee shall classify the prisoners admitted into a prison in
following categories according to their age, gender, sentence, safety and
security requirements, physical and mental health needs, correctional needs,
etc., namely :—
(a) gender-wise: men, women and transgender;
(b) women prisoners with child;
(c) young offenders;
(d) old and infirm prisoners;
(e) prisoners suffering from mental illnesses;
(f) first-time offenders;
(g) drug addicts and alcoholic offenders;
(h) foreign prisoners;
(i) prisoners suffering from contagious or chronic diseases;
(j) high-risk prisoners;
(k) any other categories as may be prescribed.
(4) A prisoner after ascertaining his type and category under sub-sections
(2) and (3) may be lodged separately in such manner as may be prescribed to
prevent any kind of interaction with each other.
(5) The officer-in-charge of a prison shall take special care and caution
for ensuring safe and secure custody of high-risk prisoners, as may be specified
by the Government in this regard.महाारााष्ट्रट शाासन रााजपत्र असाधााराण भााग पाच–अ, नि�संबरा १३, २०२५/अग्रहाायण २२, शाके १९४७ 13
CHAPTER X
ADMISSION, TRANSFER AND DISCHARGE OF PRISONERS.
30. (1) The officer-in-charge of a prison shall receive and detain a person Admission of
duly committed to his custody, under this Act, by any court or any competent prisoners.
authority, according to the exigency of any writ, warrant or order by which
such person has been committed to the prison until such person is discharged
or removed in due course of law.
(2) The officer-in-charge of a prison shall, after execution of such writ,
warrant or order or after discharge of the person committed thereby, return
the same to the court by which it was issued, with a duly signed certificate,
showing how the same has been executed or why the person committed thereby
has been discharged from custody before execution thereof.
(3) The officer-in-charge of a prison shall give effect to any sentence or
order or warrant for the detention of any person, passed or issued by any court
or competent authority under the provisions of any law for the time being in
force.
(4) In case of any doubt or ambiguity, the officer-in-charge of a prison
may refer a warrant or order sent to him for execution, for clarification, to its
issuing authority. Pending such reference, the prisoner shall be detained in
such manner as specified in the warrant or order.
(5) Every prisoner shall, as soon as possible, after admission, be examined
by the Medical Officer, who shall enter or cause to be entered the details in
prescribed book or form, to be maintained by him. This record shall contain
the details of the prisoner’s health status, including any illness, present or
past, of any wounds or marks on his person, the class of labour he is fit for,
if sentenced to rigorous imprisonment and any other observations which the
Medical Officer deems fit to add.
(6) No person shall be admitted into a prison for detention otherwise than
under the production of a lawful warrant or under any order of commitment
addressed to the officer-in-charge of a prison by a court or any other competent
authority.
31. (1) Whenever, a prisoner is admitted into prison, he shall be Search of
thoroughly searched, and all cash, jewellery or other valuables which may prisoners.
with proper authority be brought in the prison shall be taken from him by
the officer-in-charge of a prison or an officer authorized by him and shall be
dealt with in such manner as may be prescribed.
(2) If any prohibited articles are found with the prisoner, the same shall
be confiscated.
(3) In case of women or transgender prisoners, the search and examination
shall be carried out in an appropriate manner as may be prescribed.
(4) Every prisoner admitted in a prison shall undergo such physical and
biometric identification measurements in accordance with the provisions of
11 of the Criminal Procedure (Identification) Act, 2022 and any other law for the
2022. time being in force.
(5) Every prisoner who leaves a prison or re-enters a prison shall also
undergo thorough search and physical and biometric identification upon each
such exit from or entry into prison.14 महाारााष्ट्रट शाासन रााजपत्र असाधााराण भााग पाच–अ, नि�संबरा १३, २०२५/अग्रहाायण २२, शाके १९४७
(6) The prisoner shall be liable to be thoroughly searched at any time for
detection of any prohibited article.
Transfer of 32. (1) All prisoners shall be examined by the Medical Officer, before
prisoner. they are transferred to any other prison.
(2) Where any person confined in a prison in the State, under a sentence
of imprisonment or under sentence of death or in default of payment of a fine
or in default of giving security for keeping peace or for maintaining good
behaviour, the Government may, with the mutual consent of the Government
of other State, by order, provide for the transfer of the prisoner from that
prison to any prison in the other State.
(3) The transfer of any undertrial prisoner from one State to another
State, shall be done with the consent of the remanding court.
(4) The Director General or the Special Inspector General shall be the
competent authorities to transfer any prisoner, from one prison to another
prison within the State.
(5) The Deputy Inspector General shall be the competent authority to
transfer any prisoner, from one prison to another prison within their respective
jurisdiction.
(6) The undertrial prisoner shall be transferred under intimation to the
trial court.
Admission 33. (1) The information of admission of a foreign prisoner in a prison,
and shall be sent forthwith to the Director General, who shall forward the same
repatriation
to the Ministry of External Affairs, Government of India, or any other agency
of foreign
as may be specified by the Central Government or the State Government.
prisoners.
(2) The transfer of certain prisoners, from India to other country or place
outside India, and reception in India of certain prisoners from other country
or place outside India, shall be done in accordance with the provisions of the
Repatriation of Prisoners Act, 2003. 49 of
2003.
Discharge of 34. No prisoner shall be discharged from prison, if labouring under any
prisoners. acute or dangerous distemper, unless the Medical Officer certifies that such
discharge is safe.
CHAPTER XI
DISCIPLINE OF PRISONERS.
Prison 35. The following acts shall be the prison offences when committed by
offences.
a prisoner :
(a) willful disobedience of any rule or regulation of the prison, as
prescribed under this Act or the rules framed thereunder;
(b) any assault or use of force on any person;
(c) deliberate and persistent use of insulting or threatening language;
(d) immoral or indecent or disorderly behavior;
(e) willfully disabling himself from labour;
(f) continuously refusing to work, where the prisoner is punished
with rigorous imprisonment;महाारााष्ट्रट शाासन रााजपत्र असाधााराण भााग पाच–अ, नि�संबरा १३, २०२५/अग्रहाायण २२, शाके १९४७ 15
(g) willful idleness or negligence at work by any convict prisoner
sentenced to rigorous imprisonment;
(h) willful mismanagement of work by any convict prisoner
sentenced to rigorous imprisonment;
(i) willful damage to prison property;
(j) tampering with or defacing history tickets, records or documents,
maintained in physical or electronic form;
(k) receiving, possessing or transferring any prohibited article;
(l) willfully making a false accusation against any prison official
or staff;
(m) omitting or refusing to report, as soon as it comes to his
knowledge, the occurrence of any fire, plot or conspiracy, use of
contraband items like mobile, drugs, weapons, currency, or any
attempt to escape or preparation to escape or attack on any
prisoner or any other person or prison official;
(n) escape or attempt to escape, conspiring to escape, or to assist in
escaping;
(o) unauthorized use or possession of wireless communication
devices, mobile phones, electronic devices and their ancillary
components;
(p) trespassing or attempt to trespass or loitering around in the
prison premises, where entry is not permitted;
(q) unauthorized communication with any person outside prison;
(r) retending to be a prison official or employee or impersonation
of any kind;
(s) smuggling or attempt to smuggle of any prohibited article;
(t) intimidating fellow prisoners into making false representation
against the prison officials or staff;
(u) participating in, or inciting mass hunger strike, agitation o0r any
other act of defiance or indiscipline;
(v) sexual-harassment or sodomy;
(w) participating in, or organizing anti-social activities like gambling,
betting, etc.;
(x) aiding or abetting the commission of any of the aforesaid offences;
(y) feigning illness;
(z) any other act as may be prescribed.
36. (1) The officer-in-charge of a prison shall be responsible for Disciplinary
maintaining discipline in the prison, amongst the prisoners, in accordance authority for
prisoners.
with the provisions of this Act and rules made thereunder.
(2) The manner of enforcing discipline in the prison shall be as prescribed
by rules.16 महाारााष्ट्रट शाासन रााजपत्र असाधााराण भााग पाच–अ, नि�संबरा १३, २०२५/अग्रहाायण २२, शाके १९४७
Duty of 37. It shall be the duty of every prisoner to obey the orders and
prisoners. instructions of the officers or staff of the prison and abide by the provisions
of this Act and to comply with such other directions as may be prescribed.
Punishment 38. The officer-in-charge of a prison may, after conducting an inquiry,
for prison
as specified under this Act and the rules impose any of the following
offences.
punishments with respect to the prison offences specified in section 35,
namely:—
(a) a formal warning, which is a warning personally addressed to a
prisoner by the Superintendent and recorded in the punishment
book and in the prisoner’s history ticket;
(b) stoppage of recreational facilities, including canteen facility, upto
a period of one month;
(c) change of labour;
(d) forfeiture of remission period upto three months;
(e) permanent removal from responsibilities such as convict overseer,
night watchman, etc.;
(f) segregation from other prisoners (not solitary confinement);
(g) stopping visits of all visitors for a period of not more than one
month (does not include the visit of an advocate);
(h) transfer to another prison;
(i) such other punishments as may be prescribed.
Publication 39. The Superintendent shall cause to be affixed, in a conspicuous place
of prohibited outside the prison, a notice in English and the vernacular language, setting
actions and
forth the acts prohibited under section 41 and the penalties incurred by their
penalties.
commission.
Entries in 40. (1) A punishment book shall be maintained in every prison.
punishment
book. (2) In case of every serious prison offence, the names of the prisoners
deposing as witnesses, shall be recorded.
(3)The officer-in-charge of a prison shall record the substance of the
evidence of the witnesses, the defence of the prisoner and the findings, with
the reasons therefor.
(4) The Superintendent and the Jailor shall affix their initials against
the entries relating to each punishment, to certify the correctness of the
entries.
CHAPTER XII
OFFENCES IN RELATION TO PRISONS.
Offences in 41. Whoever, contrary to the provisions of the Act or rules made
relation to thereunder,—
prison.
(a) removes or attempts to remove any prisoner from any prison;
(b) supplies or attempts to supply to any prisoner any prohibited
article;महाारााष्ट्रट शाासन रााजपत्र असाधााराण भााग पाच–अ, नि�संबरा १३, २०२५/अग्रहाायण २२, शाके १९४७ 17
(c) communicates or attempts to communicate with any prisoner; or
(d) abets to any offence made punishable by this section,
shall, on conviction, be punished with imprisonment which may extend
to six months, or fine upto twenty-five thousand rupees, or with both.
42. (1) No prisoner shall possess or use mobile phone and other electronic Punishment
communication devices in prisons. for possessing
or using
(2) Whoever, being a prisoner or visitor or officer or staff of prison, in mobile phones
and other
contravention of any provisions of the Act or rules made thereunder,–
contraband.
(i) is found possessing or using such devices or introduces or removes;
(ii) attempts by any means whatsoever, to introduce or remove into
or from any prison or supplies or attempts to supply to any prisoner, any
prohibited article;
(iii) knowingly allow any such article to be introduced into or removed
from any prison to be possessed by any prisoner or to be supplied to any
prisoner;
(iv) communicates or attempts to communicate with any prisoner;
or
(v) abets any offence punishable under this section,
shall, on conviction, be punished with imprisonment for a term which
may extend to three years or with fine upto twenty-five thousand rupees, or
with both.
(3) Whoever, being a prisoner or visitor or officer or staff of prison, is
found in possession of or operating or using an electronic device or wireless
communication device or any of its ancillaries or components or if any such
person is found to be assisting or abetting or instigating in the supply thereof
or if any such person is found to be manipulating, damaging or destroying
any equipment in the prison, electronic or otherwise, shall, on conviction, be
punished with imprisonment for a term which shall not be less than two years
but which may extend to three years or with fine upto twenty-five thousand
rupees, or with both.
(4) The prisoner shall undergo the sentence awarded under this section
on completion of any sentence if already undergoing.
43. (1) If any prisoner in the prison premises is guilty of an offence Procedure
against prison discipline, which by reason of his having frequently committed on repeated
committal
such offence or otherwise, in the opinion of the officer-in-charge, is not
of prison
adequately punishable by the infliction of any punishment which he has the
offences.
power to inflict under this Act, the officer-in-charge shall forward the case of
such prisoner to the Magistrate having jurisdiction, together with a statement
of the circumstances, and such Magistrate shall thereupon try the charge so
brought against the prisoner, and he shall, on conviction, be punished with
imprisonment for a term which may extend to three years.
(2) The prisoner shall undergo the sentence awarded under this section
on completion of any sentence if already undergoing.
भााग पााच-अ–५१-३.
एचबीी-२५०६-३.18 महाारााष्ट्रट शाासन रााजपत्र असाधााराण भााग पाच–अ, नि�संबरा १३, २०२५/अग्रहाायण २२, शाके १९४७
CHAPTER XIII
FACILITIES TO PRISONERS.
Food, clothing 44. (1) All the prisoners shall be provided food at Government expense
and bedding and the quantity of food served shall be prescribed by rules.
for prisoners.
(2) Every convicted prisoner shall be required to wear the uniform as may
be prescribed.
(3) All the prisoners shall be provided bedding at Government expense.
Undertrials and civil prisoners may use their own bedding, subject to checking
by the prison authorities.
(4) No part of any food, clothing, bedding or other necessaries belonging
to any prisoner shall be given, hired or sold to any other prisoner; and any
prisoner who violates the provisions of this section shall lose the privilege of
purchasing articles, for such time as the officer-in-charge thinks proper.
Canteen 45. The Government may make available a canteen facility in the prison
facilities.
premises from which the prisoners may purchase articles permitted in
accordance with rules.
Work and 46. (1) Every convicted prisoner shall be provided with work while in
wages. custody. Undertrial prisoners, civil prisoners and prisoners sentenced to simple
imprisonment, while in custody, may be provided the opportunity of work, if
willing and available, and be paid commensurate wages, as may be
prescribed.
(2) The record of wages earned and spent by any prisoner, particulars of
deferred wages and matters incidental thereto shall be maintained by an
officer-in-charge of a prison.
(3) The convicted prisoners may be awarded remission in sentence, as
prescribed under the rules, for the work assigned to them and their conduct
during incarceration.
Health care 47. (1) All prisoners shall have access to adequate health care facilities,
facilities for
as may be prescribed.
prisoners.
(2) Whenever a prisoner needs to be sent outside the prison for medical
treatment, the Police Department and the Public Health Department shall
immediately respond to the exigencies of the Prisons Force.
(3) The Government may, by a general or special order, direct the transfer
of any prisoner with mental illness from the place of detention to any mental
health establishment in the State with prior permission of the Board under 10 of
section 103 of the Mental Healthcare Act, 2017. 2017.
(4) The method, modalities and procedure by which transfer of a prisoner
under this section is to be effected shall be such as may be prescribed.
Contact with 48. (1) The prisoners may communicate with their relatives and friends
relatives, through physical or virtual mode, under proper supervision of prison
friends and
authorities. All these visitors to prisoners shall be verified or authenticated
legal advisors.
through biometric verification or identification.
(2) The identity of each visitor shall be verified and the record shall be
maintained in the manner as may be prescribed.महाारााष्ट्रट शाासन रााजपत्र असाधााराण भााग पाच–अ, नि�संबरा १३, २०२५/अग्रहाायण २२, शाके १९४७ 19
(3) Foreign prisoners may communicate with their relatives and consular
representatives in such manner as may be prescribed.
(4) Prisoners may communicate with their legal advisor in such manner
as may be prescribed.
49. The Government may provide free legal aid to the prisoners in Legal aid.
39 of accordance with the provisions of the Legal Services Authorities Act, 1987
1987. and rules and regulations made thereunder.
50. (1) Furlough and parole may be granted to the convicted prisoners, Furlough and
as per eligibility and on such conditions as may be prescribed. parole.
(2) Any breach of conditions of furlough or parole by the prisoner shall
attract cancellation of furlough or parole.
(3) The convicted high risk, hardened and habitual prisoners may be
granted furlough or parole, as per the provisions of the rules made therefor,
on the condition of their willingness to wear electronic tracking or GPS devices
for monitoring the movement and activities of such prisoners.
(4) Any violation by such prisoner shall attract cancellation of furlough
or parole, in addition to disqualification from any furlough or parole being
granted in future, as may be prescribed.
(5) With a view to protect the society and victims, the Government may
restrict high risk prisoners, hardened criminals and habitual offenders and
such other prisoners from being released on parole or furlough, after due
assessment by the competent authority.
51. (1) If any condition on or subject to which, a sentence has been Power to
suspended or remitted or release on furlough or parole is granted, is in the arrest person
committing
opinion of the authority exercising such power, not fulfilled, such authority
breach of
may cancel its order granting such suspension, remission or release on furlough conditions of
furlough or
or parole, and thereupon the person in whose favour such order was made
parole, etc.,
may, if at large, be arrested by any police officer without warrant and without
remanded to undergo the unexpired term of his sentence. warrant.
52. (1) If any prisoner fails without sufficient cause to observe any of Criminal
the conditions, on or subject to which his sentence was suspended or remitted, liability
for breach of
or release on furlough or parole was granted to him, he shall, on conviction,
conditions of
be punished (such punishment being in addition to any punishment which
suspensions of
such prisoner was undergoing when he committed such offence) with sentence, etc.
imprisonment for a term which may extend to two years or with fine which
may extend to twenty thousand rupees, or with both.
(2) No court shall take cognizance of an offence under this section except
with the previous sanction of the Government or the authority which granted
such suspension or remission of the sentence.
53. (1) Subject to overall good behaviour and conduct of a convicted Remission.
prisoner while serving the sentence, remission may be granted by the
competent authority to such prisoner.
(2) The period and criteria for granting remission shall be such as may
be prescribed.20 महाारााष्ट्रट शाासन रााजपत्र असाधााराण भााग पाच–अ, नि�संबरा १३, २०२५/अग्रहाायण २२, शाके १९४७
Education 54. (1) The prisoners may be provided opportunity for education in the
and skill prescribed manner.
development
for prisoners. (2) Every prison shall have library facilities for prisoners.
(3) Vocational training and skill development programs shall be provided
to prisoners as part of correctional programs. These programmes may be
diverse in nature to facilitate rehabilitation of the prisoners, as may be
prescribed.
Recreational 55. (1) The prison authorities shall organize spiritual, cultural and
facilities for recreational programs, etc., for the prisoners.
prisoners.
(2) The facilities for playing games, sports and yoga shall be provided in
prison.
Welfare fund 56. The Government shall constitute a welfare fund for the welfare of
for prisoners.
prisoners in the State and moneys to be deposited in the fund and its utilization
shall be such as may be prescribed.
Sales Outlets. 57. The Government may establish sales outlets for the sale of products
made by prisoner to the prisoners, prison staff and public.
Grievance 58. There shall be a grievance redressal mechanism for redressal of
redressal grievances of prisoners as may be prescribed.
mechanism.
After-care and 59. The State Government may endeavour to provide after-care services,
rehabilitation as may be prescribed, to all needy prisoners released from a prison with a
services.
view to ensure their rehabilitation and reintegration into society.
CHAPTER XIV
PROVISIONS RELATED TO WOMEN PRISONERS.
Separate 60. (1) The Government may establish prisons for women prisoners, as
accommodation it may consider necessary.
for women
prisoners. (2) In a prison housing both women and men prisoners, the women
prisoners shall be kept in a separate building or a separate part of the same
building, with a separate entrance, in such a manner that they do not come
into contact with men prisoners.
(3) All basic facilities as provided in the prison for men shall also be
provided to women prisoners, alongwith such other facilities that meet their
gender specific needs such as pre-natal and post natal care, crèches or balwadi
for children, etc.
Women wards 61. A separate women ward in the prison hospital may be created for
in hospitals. women prisoners.
Women 62. (1) In women prisons and women enclosures or women wards, only
officials and
women prison officials and staff shall be deployed.
staff.
(2) Men prison officials and security staff can be deployed for duties
outside such prison or enclosure, and can be called inside by the officer-in-
charge or the officer on duty, only in case of emergency situation or commission
of prison offence.महाारााष्ट्रट शाासन रााजपत्र असाधााराण भााग पाच–अ, नि�संबरा १३, २०२५/अग्रहाायण २२, शाके १९४७ 21
63. Women prisoners may be provided access to correctional programs Access to
and activities which take into account their gender specific needs. various
programs.
64. When a women prisoner is found to be pregnant at the time of Pregnant
admission or later, the Medical Officer shall report the fact to the officer-in- women
charge. Necessary arrangements shall be made to provide her medical care prisoners.
and diet, as may be prescribed.
65. Women prisoners may keep their children with them inside the Women
prison until the child attains the age of six years. A child living with its mother prisoners with
children.
in prison shall be provided with healthc are and such other facilities as may
be prescribed.
66. Any complaint or information of sexual harassment of a woman Inquiry into
prisoner shall be acted upon without delay as per the provisions of law. complaints
of sexual
harassment.
CHAPTER XV
TRANSGENDER PRISONERS.
67. Separate enclosures or wards for transgender prisoners, both Separate
transmen and transwomen, may be provided, as prescribed under the rules. accommodation
for transgender
prisoners.
68. The transgender prisoners shall be provided access to health-care, Access to various
correctional programs and other activities. programs and
health-care.
CHAPTER XVI
CUSTODY AND SECURITY OF PRISONERS.
69. The officer-in-charge of a prison shall be responsible to undertake Safe custody
effective measures for ensuring safe custody and security of prisoners. These and security
of prisoners.
measures include secured walls, gates, good lighting system, central monitoring
systems, watch towers, power fencing, prevention of access to prohibited
articles, system for gathering intelligence information, closed circuit televisions
and other advanced gadgets and devices for surveillance, etc.
70. (1) On the request of the officer-in-charge of a prison, the local police Responsibility
authorities shall provide necessary assistance to the prison authorities for of police
authorities.
escorting a prisoner to a court or for visit to hospital or for parole, etc., and
for ensuring the safe custody of prisoners in case of rioting or arson in prison.
(2) In case a prisoner is admitted in a hospital outside the prison,
sufficient police guard shall be deployed for his safe custody by the local police
authorities.
71. The manner of use of restraint and force on prisoners in case of Use of force.
rioting, prison-break or when prisoners resort to violence endangering the life
of fellow prisoners or prison officers or staff or visitors, shall be such as may
be prescribed.
72. A prisoner, when being taken to or from any prison in which he may Extramural
be lawfully confined, or whenever he is working outside or is otherwise beyond custody,
the limits of any such prison or under the lawful custody or control of a prison control and
employment
officer belonging to such prison, shall be deemed to be in prison and shall be
of prisoners.
subject to all the same incidents as if he were actually in prison.22 महाारााष्ट्रट शाासन रााजपत्र असाधााराण भााग पाच–अ, नि�संबरा १३, २०२५/अग्रहाायण २२, शाके १९४७
CHAPTER-XVII
PROTECTION OF SOCIETY FROM CRIMINAL ACTIVITIES OF
HIGH-RISK, HABITUAL OFFENDERS AND HARDENED
CRIMINAL PRISONERS.
Taking 73. (1) It shall be the responsibility of Prisons Force and the State Police
appropriate to take all appropriate measures for protecting the society from the criminal
measures
activities of high-risk prisoners, habitual offenders and hardened criminals.
against
criminal
(2) Based on the details of the crime committed by the inmate, available
activities of
background record, history ticket, etc. inmates shall be suitably classified,
prisoners.
assessed for their propensity and potential to negatively influence other
inmates and be housed in separate barracks or cells, as may be appropriate.
Special 74. (1) The Government shall ensure special watch and surveillance on
provisions high risk prisoners, hardened criminals and habitual offenders for preventing
for security,
organized crime and continued criminal activities while imprisoned, including
intelligence
gang activity, intimidating witnesses, etc.
gathering and
surveillance. (2) For ensuring dynamic security, preventing escapes, instances of
disorder and criminal activity in prisons, appropriate provision for intelligence
gathering from prisoners, careful observation, monitoring of prisoners and
analysis of the relevant information may be done by the Prisons Force in
coordination with the Intelligence Wing of the State Police.
(3) The Government shall ensure strengthened and effective measures
for periodic search and detection of contrabands, cell phones, etc. in the cells
and barracks of high risk prisoners and hardened criminals and deploy
advanced jamming solutions in such areas, including conduct of frequent
surprise checks.
(4) The Government shall provide funds for intelligence gathering to
strengthen the dynamic security of prisons.
(5) The prison and other security staff deployed in sensitive barracks and
cells shall be rotated at periodic intervals to prevent any nexus and complacency
in security.
(6) The release of a high risk, hardened and habitual offender convict on
completion of sentence or an undertrial on bail or an inmate released
temporarily on parole or furlough, etc. shall be informed to the Superintendent
of Police of the concerned district, who shall keep a watch on the activities of
such prisoners.
(7) The police administration shall fully secure the movement of the
prisoner, in course of movement to court for judicial proceeding, to the hospital
for medical treatment or any other place, as per writ, warrant or order of the
authority, as the case may be.
CHAPTER XVIII
PROHIBITION OF CASTE-BASED DISCRIMINATION OF
PRISONERS.
No 75. (1) There shall be no discrimination in the classification, segregation
discrimination in prisons, on the basis of caste of prisoners.
on caste basis.महाारााष्ट्रट शाासन रााजपत्र असाधााराण भााग पाच–अ, नि�संबरा १३, २०२५/अग्रहाायण २२, शाके १९४७ 23
(2) It shall be strictly ensured that there shall be no discrimination in
the allotment of any duty or work in prisons on the basis of caste of prisoners.
25 of (3) The provisions of the Prohibition of Employment as Manual Scavengers
2013. and their Rehabilitation Act, 2013 shall be strictly followed in Prisons and
Correctional Institutions.
(4) Manual scavenging or hazardous cleaning of a sewer or a septic tank
inside a prison shall not be permitted.
CHAPTER XIX
PROHIBITION OF DISCRIMINATION OF
PRISONERS WITH DISABILITIES.
76. (1) No prisoner shall be discriminated against on the ground of Rights of
disability. All prisoners with disabilities shall be entitled to equality, dignity, prisoners with
disabilities.
and respect for their integrity on an equal basis with others.
(2) All prison infrastructure, including cells, toilets, medical units,
educational and vocational training centres and grievance redressal systems,
shall be made accessible in accordance with the standards specified under the
Accessibility Standards and Guidelines notified by the Ministry of Home
Affairs, Government of India.
(3) A Prisoner with disabilities shall be provided with appropriate
healthcare, including psychiatric and psychological services, as well as access
to rehabilitation programmes and therapies.
(4) All incoming prisoners shall be screened for disabilities at the time of
admission. Relevant prison records must reflect their specific needs to ensure
suitable accommodations and assistance.
(5) Prison staff shall undergo regular training to sensitize them to the
rights, needs, and appropriate handling of prisoners with disabilities.
CHAPTER XX
MISCELLANEOUS.
77. The Government shall produce and exhibit short films on the life Short films
stories of reformed prisoners to showcase rehabilitation and positive on reformed
transformation, inspire other inmates, raise public awareness, reduce stigma prisoners.
and support reintegration into society.
78. (1) All officers and staff of the prison shall be thoroughly searched, Mandatory
upon each entry into a prison and each exit from the prison. search of
every person
(2) Every person and visitor seeking to enter the prison shall be thoroughly
entering a
searched as prescribed by the rules. prison.
(3) Any person refusing to be searched shall be denied admission to the
prison or visitor room of the prison and such decision shall be entered in the
prison records.
79. (1) There shall be an Undertrial Review Committee for every district, Constitution
headed by the District and Sessions Judge, with the District Magistrate, of Undertrial
Review
Superintendent of Police, Secretary of District Legal-Aid Services Authority
Committees for
as members and the Superintendent of Prisons (the senior most in the district)
every district.24 महाारााष्ट्रट शाासन रााजपत्र असाधााराण भााग पाच–अ, नि�संबरा १३, २०२५/अग्रहाायण २२, शाके १९४७
as member-secretary, for conducting periodical review of all undertrials in all
the prisons in the district and taking measures for speedy disposal of cases.
(2) The Committee shall meet periodically and review the cases of eligible
prisoners in all prisons of the district and make appropriate recommendations
to the trial courts.
Prohibition 80. No prisoner, visitor or any person employed in the prison, shall have
of strike and any right to go on strike or start or continue any agitation inside the prison
agitation.
for achieving any request or demand.
Contingency 81. The officer-in-charge shall take all appropriate measures, as may
plan for
be prescribed, including the procurement of necessary equipment and
prisons.
preparation of a contingency plan, for preventing and controlling any
emergency situation in the prisons, ensuring availability of Quick Response
Team, etc., and any other provision in conformity with the Disaster 53 of
Management Act, 2005 or orders issued by the Government. 2005.
Use of 82. (1) The Government shall ensure integration and embedding of
technology appropriate technology for the effective management and superintendence of
in prison
prisons and for the safety and security of prisons and the prisoners, which
administration.
may include biometrics, closed circuit television (CCTV), scanning and
detection devices, radio frequency identification (RFID), video conference
facilities, etc., in every prison for prisoners to attend court hearings or trials
and to provide for seamless biometric access control system for movement of
prisoners.
(2) The Government shall computerize the entire prison administration
and integrate the database with the interoperable criminal justice system.
The Government shall also develop suitable interfaces for seamless sharing
of information and facilitate the prison and prisoner management system.
(3) The Government shall use advanced technological solutions to detect
and prohibit use of cell phones and other electronic devices in prisons by
prisoners.
(4) The Government may use electronic monitoring and tracking
technology on prisoners under temporary release or leave from prison or
attending court hearing, by making use of prisoner tracking devices.
(5) The confidentiality of the electronic or digitalised data of prisons shall
be maintained by all officers and staff of the prisons and the Director General
of Prisons shall be responsible for the same.
Powers to 83. (1) The Government may, by notification in the Official Gazette,
make rules. make rules to carry out the purposes of this Act.
(2) Every rule made under this Act shall be laid, as soon as may be, after
it is made, before each House of the State Legislature, while it is in session
for a total period of thirty days which may be comprised in one session or in
two or more successive sessions, and if, before the expiry of the session in
which it is so laid or the session immediately following, both Houses agree in
making any modification in the rule or both Houses agree that the rule should
not be made, and notify such decision in the Official Gazette, the rule shall,
from the date of such notification, have effect only in such modified form or
be of no effect as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously
done or omitted to be done under that rule.महाारााष्ट्रट शाासन रााजपत्र असाधााराण भााग पाच–अ, नि�संबरा १३, २०२५/अग्रहाायण २२, शाके १९४७ 25
84. The Government may, by notification in the Official Gazette, direct Delegation of
that any power, other than the power to make rules, exercisable by it under powers.
this Act or the rules made thereunder may be exercised also by any officer of
the Government subject to such terms and conditions, if any, as may be
specified therein.
85. The accounts of every prison shall be maintained and audited in Accounts and
such manner as may be prescribed by the Government. audit.
86. No suit, prosecution or other legal proceedings shall lie against the Protection of
Government, any officer or the authority of the Government or Prisons Force, action taken
in good faith.
any person for anything which is done, or intended to be done in good faith
under this Act or the rules or orders made thereunder.
87. The provisions of this Act shall be in addition to and not in derogation Act not in
of the provisions of any other law for the time being in force derogation of
any
other law.
9 of 88. (1) The Prisons Act, 1894 and the Prisoners Act, 1900, as applicable Repeal and
1894. to the State of Maharashtra, are hereby repealed. saving.
3 of
1900.
(2) Notwithstanding anything contained in this Act, all the rules,
regulations, orders, directions, notifications relating to prisons made or issued
under these Acts and in force immediately before the commencement of this
Act shall, except where and so far, as they are inconsistent with or repugnant
to the provisions of this Act, continue to be in force until altered, amended or
repealed by rules, orders, direction or notification made or issued under this
Act.
89. (1) If any difficulty arises in giving effect to the provisions of this Power to
Act, the State Government may, as occasion arises, by an order published in remove
the Official Gazette, do anything not inconsistent with the provisions of this difficulties.
Act, which appears to it to be necessary or expedient for the purposes of
removing the difficulty:
Provided that, no such order shall be made after the expiry of the period
of two years from the date of commencement of this Act.
(2) Every order made under sub-section (1) shall be laid, as soon as may
be, after it is made, before each House of the State Legislature.
भााग पााच-अ–५१-४.
एचबीी-२५०६-४.26 महाारााष्ट्रट शाासन रााजपत्र असाधााराण भााग पाच–अ, नि�संबरा १३, २०२५/अग्रहाायण २२, शाके १९४७
STATEMENT OF OBJECTS AND REASONS
Prisons are an important and integral part of the criminal justice
system. At present, regulation of prisons, officers of prisons, their powers and
duties, enforcement of discipline in prisons, provisions regarding admission,
removal or discharge of prisoners, facilities to be provided to prisoners, offence
regarding prisons and prisoners, are provided in the pre-constitution laws viz.
the Prisons Act, 1894 (9 of 1894) and the Prisoners Act, 1900 (3 of 1900).
2. With the passage of time and evolution of the ideology of reformation
and rehabilitation of prisoners and information technology, these pre-
independence archaic laws need to be repealed and replaced by a consolidated,
progressive and robust Act which is in tune with contemporary modern day
needs and correctional ideology. With the objective of holistically addressing
all relevant issues relating to prison administration, the Government of India
has forwarded a comprehensive Model Prisons Bill, 2023 to all States for
Consideration which is prepared after consultation with the Bureau of Police
Research and Development, State Prison Authority and Several Correctional
Experts for consideration of all State Governments.
3. In view of above, the Government considers it expedient to consolidate
laws relating to prisons, prisoners and correctional services in the State of
Maharashtra and to provide for regulation thereof.
4. The salient features of the law are as follows :—
(1) to provide for categories for prisons such as special prison, open
prison, prison for women, temporary prison, open colony, Borstal
Institution;
(2) to provide for open prisons and open colonies to assist prisoners
in their rehabilitation and reintegration into the society after release;
(3) to provide for constitution of Prisons Force;
(4) to provide for constitution of welfare fund for all officers and staff
of the prison as well as welfare fund for prisoners;
(5) to provide for prison segregation of various categories of prisoners
and for their special needs such as female, transgender, undertrial
prisoners, convicted prisoners, high-security prisoners, habitual offenders,
recidivist prisoners, young offenders, civil prisoners, etc;
(6) to provide for prison offences and offences committed by prisoners,
and punishment therefor;
(7) to provide for granting of furlough and parole as per eligibility
and conditions to prescribe;
(8) to provide for grievance redressal mechanism for prisoners;
(9) to provide for special provisions relating to women prisoners,
transgender prisoners including separate women ward in prison hospital;
(10) to provide for after care rehabilitation services to all needy
prisoners released from a prison with a view to ensure their rehabilitation
and reintegration into society;
(11) to provide for constitution of Undertrial Review Committees for
every district for conducting periodical review of all undertrials in all theमहाारााष्ट्रट शाासन रााजपत्र असाधााराण भााग पाच–अ, नि�संबरा १३, २०२५/अग्रहाायण २२, शाके १९४७ 27
prisons in the district and taking measures for speedy disposal of cases
and make appropriate recommendations to the trial courts;
(12) to provide a provision to ensure that there shall be no
discrimination in the classification, segregation and allotment of any duty
or work in prison on the basis of caste of prisoners;
(13) to provide a provision to ensure that there shall be no
discrimination on the ground of disability of prisoners and to provide
appropriate healthcare including psychiatric and psychological services
as well as access to rehabilitation program therapies;
(14) to provide a provision with a view to prevent and control any
emergency situation in the prisons including ensuring availability of
Quick Response Team, etc. and any other provision in conformity with
the Disaster Management Act, 2005;
(15) to provide for use of technology for the effective management
and superintendence of prisons and for the safety and security of prisons
and prisoners, which may include biometrics, closed circuit television
(CCTV), scanning and detection devices, radio frequency identification
(RFID), video conference facilities, etc.;
(16) to provide for computerisation of the entire prison administration
and integrate the database with the interoperable criminal justice system.
5. The Bill seeks to achieve the above objectives.
Mumbai, DEVENDRA FADNAVIS,
Dated the 12th December 2025. Chief Minister.28 महाारााष्ट्रट शाासन रााजपत्र असाधााराण भााग पाच–अ, नि�संबरा १३, २०२५/अग्रहाायण २२, शाके १९४७
MEMORANDUM REGARDING DELEGATED LEGISLATION
The Bill involves the following proposals for delegation of legislative
power, namely :—
Clause 1(2).- Under this clause, power is taken to the State
Government to appoint by notification in the Official Gazette, the date
on which the Act shall come into force.
Clause 2(ab).- Under this clause, power is taken to the State
Government to make rules, for grant of remission.
Clause 4(1).- Under this clause, power is taken to the State
Government,-
(i) under para (f), to prescribe by rules the conditions for eligibility
of prisoners to confine in open prison;
(ii) under para (i), to prescribe by rules the conditions for
eligibility of prisoners to confine in open colony.
Clause 5.- Under this clause, power is taken to the State
Government,-
(i) under sub-clause (1) (j), to prescribe by rules, the other officers
of Prisons Force;
(ii) under sub-clause (4), to prescribe by rules, recruitment, pay,
allowances and all other conditions of service for Prisons Force.
Clause 9.- Under this clause, power is taken to the State
Government,-
(i) under sub-clause (3), to prescribe by rules, other functions
and duties of officer-in-charge of a prison;
(ii) under sub-clause (4), to prescribe by rules, disciplinary powers
of the officer-in-charge of a prisons for regulation of prisoners,
maintaining prison discipline and proper management of the prison,
including high security wards;
(iii) under sub-clause (6)(f), to prescribe by rules, any other
records to be maintained by the officer-in-charge of a prison.
Clause 10(2).- Under this clause, power is taken to the State
Government to prescribe by rules the duties of the Medical Officer .
Clause 13(d).- Under this clause, power is taken to the State
Government to prescribe by rules, duties and functions of Jailor, Deputy
Jailor and Assistant Jailor.
Clause 15(1).- Under this clause, power is taken to the State
Government to prescribe by rules the misconduct for taking disciplinary
action against officers and staff of prison;
Clause 17.- Under this clause, power is taken to the State
Government prescribe by rules , the rules by which the officers and staff
of the prison shall be governed.
Clause 24.- Under this clause, power is taken to the State
Government,-
(i) under sub-clause (1), to prescribe by rules the purposes for
utilization of the welfare fund;महाारााष्ट्रट शाासन रााजपत्र असाधााराण भााग पाच–अ, नि�संबरा १३, २०२५/अग्रहाायण २२, शाके १९४७ 29
(ii) under sub-clause (2)(e), to prescribe by rules other amount to
be deposited in the welfare fund.
Clause 25.- Under this clause, power is taken to the State Government
to prescribe by rules the periodic interval for inspection of prisons.
Clause 26(1).- Under this clause, power is taken to the State
Government to prescribe by rules the numbers of members of the Board
of Visitors.
Clause 27.- Under this clause, power is taken to the State
Government,-
(i) under sub-clause (1), to prescribe by rules standard and
requirment of architecture and design a prison;
(ii) under sub-clause (2), to prescribe by rules the standards of
security for prison;
(iii) under sub-clause (3), to prescribe by rules the designed of
prison to facilitate segregation and separate lodging for various
categories of prisoners.
(iv) under sub-clause (5), to prescribe by rules for regulation for
construction and for creating a buffer zone within such distance from
the perimeter wall of differant categories of prisons.
Clause 28.- Under this clause, power is taken to the State
Government,-
(i) under sub-clause (1), to prescribe by rules the facilities or
concessions for Open Prison and Open Colony;
(ii) under sub-clause (2), to prescribe by rules the procedure and
eligibility for transferring the prisoner to such prisons and condition
for transfer of such prisoners to Open Prison and Open Colony.
Clause 29.- Under this clause, power is taken to the State
Government,-
(i) under sub-clause (2)(h), to prescribe by rules the other types
of prisoners ascertain by the Classification and Security Assessment
Committee;
(ii) under sub-clause (3)(k), to prescribe by rules other category
of prisoners;
(iii) under sub-clause (4), to presctibe ty rules the manner to lodge
prisoner sepaetaly to prevent any kind of intraction with each other.
Clause 31.- Under this clause, power is taken to the State
Government,-
(i) under sub-clause (1), to prescribe by rules, the manner to deal
with prisoner while admiting in prison;
(ii) under sub-clause (3), to prescribe by rules, the manner of
search and examination for women and transgender Prisoner.
Clause 35(a).- Under this clause, power is taken to the State
Government to prescribe by rules, the prison offences.30 महाारााष्ट्रट शाासन रााजपत्र असाधााराण भााग पाच–अ, नि�संबरा १३, २०२५/अग्रहाायण २२, शाके १९४७
Clause 36(2).- Under this clause, power is taken to the State
Government to prescribe by rules, manner of enforcing discipline in
prison.
Clause 38(i).- Under this clause, power is taken to the State
Government to prescribe by rules, punishments for prison offences.
Clause 44.- Under this clause, power is taken to the State
Government,-
(i) under sub-clause (1), to prescribe by rules, food and quantity
of food to be served to prisoners;
(ii) under sub-clause (2), to prescribe by rules, the uniform of the
convicted prisoners.
Clause 46(1).- Under this clause, power is taken to the State
Government, to prescribe by rules, wages of the prisoners.
Clause 47.- Under this clause, power is taken to the State
Government,-
(i) under sub-clause (1), to prescribe by rules, healthcare facilities
to the prisoners;
(ii) under sub-clause (4), to prescribe by rules, the method,
modalities and procedure for transfer of prisoner.
Clause 48.- Under this clause, power is taken to the State
Government,-
(i) under sub-clause (2), to prescribe by rules, manner of
maintenance of record of visitors;
(ii) under sub-clauses (3) and (4), to prescribe by rules, the
manner of communication of foreign prisoner with their relatives,
consular representatives and legal counsel;
(iii) under sub-clauses (4) to prescribe by rules the manner of
communication of prisoners with their legal advisor.
Clause 50.- Under this clause, power is taken to the State
Government,-
(i) under sub-clause (1), to prescribe by rules, conditions for grant
of furlough and parole;
(ii) under sub-clauses (3) and (4), to prescribe by rules, for
monitoring the movement of prisoners released on furlough or parole
through Electronic Tracking Device and disqualification for furlough
and parole for violation of condition.
Clause 53 (2).- Under this clause, power is taken to the State
Government, to prescribe by rules, period and criteria for granting
remission.
Clause 54 (1) and (3).- Under this clause, power is taken to the State
Government, to prescribe by rules, the opportunity of education, vocational
training and skill development programmes for prisoners.
Clause 56.- Under this clause, power is taken to the State
Government, to prescribe by rules, constitution of welfare fund for
prisoners, moneys to be deposited in the said fund and its utilization.महाारााष्ट्रट शाासन रााजपत्र असाधााराण भााग पाच–अ, नि�संबरा १३, २०२५/अग्रहाायण २२, शाके १९४७ 31
Clause 58.- Under this clause, power is taken to the State
Government, to prescribe by rules, grievance redressal mechanism for
prisoners.
Clause 59.- Under this clause, power is taken to the State
Government, to prescribe by rules, provison for aftercare service to
released prisoners to ensure their rehabilitation and reintegration into
society.
Clause 64.- Under this clause, power is taken to the State
Government, to prescribe by rules, provison for medical care and diet to
pregnant woman.
Clause 65.- Under this clause, power is taken to the State
Government, to prescribe by rules, provison of health care and other
facilities provided to a child living with his mother in prison.
Clause 67.- Under this clause, power is taken to the State
Government, to prescribe by rules, provison of separate enclosures or
wards for transgender prisoners.
Clause 71.- Under this clause, power is taken to the State
Government, to prescribe by rules the manner for use of restraint and
force.
Clause 78(2).- Under this clause, power is taken to the State
Government, to prescribe by rules, procedure for search of person and
visitor entering into the prison.
Clause 81.- Under this clause, power is taken to the State
Government, to prescribe by rules, appropriate measures, for controlling
and preventing any emergency situation in prison.
Clause 83(1).- Under this clause, power is taken to the State
Government, to make rules, to carry out the purposes of this Act by
issuing notification in the Official Gazette.
Clause 84.- Under this clause, power is taken to the State
Government, to specify such terms and condition for delegation of any
power, other than the power to make rules, exercisable by it under this
Act or the rules made thereunder to any officer of the State Government
subject to such terms and conditions by issuing notification in the Official
Gazette.
Clause 85.- Under this clause, power is taken to the State
Government, to prescribe by rules, the manner to maintain and audit the
accounts of prison.
Clause 89.- Under this clause, power is taken to the State Government
to issue an order in the Official Gazette, for removing any difficulty which
may arise in giving effect to the provisions of this Act.
2. The above-mentioned proposals for delegation of legislative power are
of normal character.32 महाारााष्ट्रट शाासन रााजपत्र असाधााराण भााग पाच–अ, नि�संबरा १३, २०२५/अग्रहाायण २२, शाके १९४७
FINANCIAL MEMORANDUM
Clause 24 of the Bill provides for constitution of the Welfare Fund for
the welfare of all officers and staff of the prison and correctional services and
grants made by the State Government shall be deposited in the said fund.
Clause 56 of the Bill provides for constitution of the Welfare Fund for
the welfare of prisoners.
The Bill on its enactment as an Act of the State Legislature would involve
recurring expenditure from the Consolidated Fund of the State towards the
grants made by the State Government in the welfare fund. However, it is not
possible at this stage to give an estimate of actual recurring expenditure that
may have to be incurred in this behalf.महाारााष्ट्रट शाासन रााजपत्र असाधााराण भााग पाच–अ, नि�संबरा १३, २०२५/अग्रहाायण २२, शाके १९४७ 33
GOVERNOR’S RECOMMENDATION UNDER ARTICLE 207 OF
THE CONSTITUTION OF INDIA
(Copy of Government of Maharashtra Order, Law and Judiciary Department)
In exercise of the powers conferred upon him by clause (3) of Article 207
of the Constitution of India, the Governor of Maharashtra is pleased to
recommend to both Houses of the State Legislature, the Consideration of the
Maharashtra Prisons and Correctional Services Bill, 2025.
Vidhan Bhavan, JITENDRA BHOLE,
Nagpur, Secretary-1
Dated : 13th December, 2025 Maharashtra Legislative Assembly
भााग पााच-अ–५१-५.
एचबीी-२५०६-५.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR, RUPENDRA DINESH MORE,
PRINTED AT GOVERNMENT PRESS AND BOOK DEPOT, CIVIL LINES, NAGPUR-440 001 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING,
STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI-400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.