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 :—

भााग पााच-अ–५१-१.

एचबीी-२५०६-१.

)१(

RNI No. MAHBIL /2009/40123

महाारााष्ट्रट शाासन रााजपत्र

असाधाारण भााग पाच–अ

वर्षष ११, अंक २२ ]

शनि�वार, डिि’सेंबर १३, २०२५/अग्रहाायण २२, शकेे १९४७[ पृष्ठेे ३३, किं�ंमत : रुपये ३६.००

असाधाारण क्रमांं�क ५१

प्रााधि�कृृत प्रकााशन

महाारााष्ट्र वि�धाानसभेत व महाारााष्ट्र वि�धाानपरि�षषदेेत सादर केलेेली वि�धेेयके (इंंग्रजी अनुवाद).

MAHARASHTRA LEGISLATURE SECRETARIAT

The following Bill was introduced in the Maharashtra Legislative Assembly on the

13^th December, 2025 is published under Rule 117 of the Maharashtra Legislative Assembly Rules.

2

महाराष्ट्रõ शासन रा

असाधारण भाग पाच–अ, डिसेंबर १३, २०२५/अग्रहायण २२, शके १

CHAPTER I

PRELIMINARY.

1.  (1) This Act may be called the Maharashtra Prisons and Correctional

Services Act, 2025.

(2) It shall come into force on such date as the State Government may,

by notification in the Official Gazette, appoint.

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

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

Sanhita, 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;

Short title

and

commencement.

Definitions.

46 of

2023.

21 of

2000.

महाराष्ट्रõ शासन रा

असाधारण भाग पाच–अ, डिसेंबर १३, २०२५/अग्रहायण २२, शके १

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

(e) of section 2 of the Maharashtra Habitual Offenders Act;

(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;

(ii) any place specially designated by the State Government under

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;

LXI of

1959.

46 of

2023.

4

महाराष्ट्रõ शासन रा

असाधारण भाग पाच–अ, डिसेंबर १३, २०२५/अग्रहायण २२, शके १

(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

defined in the Information Technology Act, 2000, the Bharatiya Nyaya Sanhita,

2023, and the Bharatiya Nagarik Suraksha Sanhita, 2023 shall have the

meanings, respectively, assigned to them in the said Act and Sanhitas.

CHAPTER II

PRISON AND CATEGORIES THEREOF.

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.

21 of

2000.

45 of

2023.

46 of

2023.

Prison.

महाराष्ट्रõ शासन रा

असाधारण भाग पाच–अ, डिसेंबर १३, २०२५/अग्रहायण २२, शके १

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,

namely :—

(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.

Categories of

prisons.

6

महाराष्ट्रõ शासन रा

असाधारण भाग पाच–अ, डिसेंबर १३, २०२५/अग्रहायण २२, शके १

CHAPTER III

ORGANISATIONAL STRUCTURE OF PRISONS AND

CORRECTIONAL SERVICES.

5.  (1) There shall be a Prisons Force for the State of Maharashtra

consisting of the following:—

(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.

6.  (1) The Superintendence of the Prisons and Correctional Services

shall be vested in the Home Department of the State Government.

(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.

Superintendence

of Prisons and

Correctional

Services.

Constitution

of Prisons

Force.

महाराष्ट्रõ शासन रा

असाधारण भाग पाच–अ, डिसेंबर १३, २०२५/अग्रहायण २२, शके १

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

or deputation or contract, as it may deem necessary, for the proper

administration of prisons.

8.  The prisoners who have been appointed as convict overseer shall be

deemed to be public servant within the meaning of clause (28) of section 2 of

the Bharatiya Nyaya Sanhita, 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

directions of the Director General the officer-in-charge of a prison shall manage

the prison in all matters including admission of prisoners, security of the

prison, correctional programs, allowing visitors inside the prison, expenditure,

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.

45 of

2023.

Convict

overseer.

Functions

and duties

of officer-

in-charge of

prison.

Other

personnel.

8

महाराष्ट्रõ शासन रा

असाधारण भाग पाच–अ, डिसेंबर १३, २०२५/अग्रहायण २२, शके १

(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.

10.  (1) There shall be a Medical Officer for every prison.

(2) The Medical Officer shall take necessary measures for treatment of

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.

11.  (1) Whenever the Medical Officer has a reason to believe that the

mind of a prisoner is, or is likely to be, adversely affected by the discipline or

treatment to which he is subjected, the Medical Officer shall report the case

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.

12.  (1) On the death of any prisoner, the Medical Officer shall forthwith

record all relevant details and particulars of the case as specified below, and

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;

Medical

Officer of

prison and his

duties.

Medical

Officer to

report in

certain cases.

Report on

death of a

prisoner.

महाराष्ट्रõ शासन रा

असाधारण भाग पाच–अ, डिसेंबर १३, २०२५/अग्रहायण २२, शके १

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

control and supervision of the Superintendent,—

(a) be in-charge and shall be the custodian of prisoners and custody

of properties of prisoners;

(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

Gate-Officer, shall examine everything carried in or out of the prison, and

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

Deputy Inspector General, may take disciplinary action against any officer or

staff of prisons, who are subordinate in rank to them, for any misconduct, as

may be prescribed.

(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

shall be available for deployment in any part of the prison or at any other

place, within the State.

Duties

of Jailor,

Deputy Jailor,

Assistant

Jailor.

Duties of

Gate-Officer.

Disciplinary

action

against any

subordinate

officer or staff.

Officers

and staff

are always

deemed to be

on duty.

भााग पााच-अ–५१-२.

एचबीी-२५०६-२.

10

महाराष्ट्रõ शासन रा

असाधारण भाग पाच–अ, डिसेंबर १३, २०२५/अग्रहायण २२, शके १

CHAPTER V

GENERAL CONDUCT OF OFFICERS AND STAFF OF PRISONS.

17.  All officers and staff of the prisons shall be governed by the

Maharashtra Civil Service (Conduct) Rules, 1979 and the Maharashtra Civil

Services (Discipline and Appeal) Rules, 1979 and any other rules as may be

prescribed.

18.  The officers and staff of prisons and their relatives shall not have

any business dealings with prisoners and interest in prison contracts, directly

or indirectly.

19.  The officers and staff of prisons and their relatives shall not accept

any gift from a prisoner or prisoner’s relatives or friends or a person having

any dealings with the prisons.

20.  The officers and staff of prisons shall not join any union, or

organization or undertake any activity, which is detrimental to security,

discipline and smooth functioning of the prisons.

21.  The officers and staff of prisons shall reside in the prison quarters,

if available, unless the Superintendent permits him in writing to reside

elsewhere.

22.  No prison employee shall be absent from the prison quarters during

night, without obtaining permission from the Superintendent and if the prison

employee remains absent from the prison quarters without obtaining

permission, for some unavoidable necessity, he shall immediately report the

reasons to the Superintendent.

23.  All officers and staff of a prison shall obey the lawful orders and

directions of their superior authorities.

CHAPTER VI

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.

Conduct

rules.

Prohibition

of business

dealings.

Prohibition of

acceptance of

gift.

Prohibition to

form union.

No

unauthorised

absence.

Obedience of

lawful orders.

Welfare fund.

Reside

in prison

quarters.

महाराष्ट्रõ शासन रा

असाधारण भाग पाच–अ, डिसेंबर १३, २०२५/अग्रहायण २२, शके १

11

CHAPTER VII

INSPECTION OF PRISONS.

25.  The Director General shall ensure that all prisons are inspected by

an officer of appropriate rank at periodic intervals as may be prescribed.

26.  (1) Every prison shall have a Board of visitors consisting of the

Collector and District Magistrate as Chairperson and such number of members

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,

ventilation of cells, barracks, toilets, bathing places, kitchen, work-sheds,

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

be prescribed in Open Prison and Open Colony which may be helpful to the

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.

Inspection of

prisons.

Board of

visitors.

Prison

architecture.

Open Prisons

and Open

Colony.

12

महाराष्ट्रõ शासन रा

असाधारण भाग पाच–अ, डिसेंबर १३, २०२५/अग्रहायण २२, शके १

CHAPTER IX

CLASSIFICATION OF PRISONERS.

29.  (1) Every prison shall have a Classification and Security Assessment

Committee consisting of the Superintendent who shall be the Chairperson

and Jailor (Administration), Jailor (Internal Security) and Medical Officer as

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.

Classification

and Security

Assessment

Committee.

महाराष्ट्रõ शासन रा

असाधारण भाग पाच–अ, डिसेंबर १३, २०२५/अग्रहायण २२, शके १

13

CHAPTER X

ADMISSION, TRANSFER AND DISCHARGE OF PRISONERS.

30.  (1) The officer-in-charge of a prison shall receive and detain a person

duly committed to his custody, under this Act, by any court or any competent

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

thoroughly searched, and all cash, jewellery or other valuables which may

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

the Criminal Procedure (Identification) Act, 2022 and any other law for the

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.

Admission of

prisoners.

Search of

prisoners.

11 of

2022.

14

महाराष्ट्रõ शासन रा

असाधारण भाग पाच–अ, डिसेंबर १३, २०२५/अग्रहायण २२, शके १

(6) The prisoner shall be liable to be thoroughly searched at any time for

detection of any prohibited article.

32.  (1) All prisoners shall be examined by the Medical Officer, before

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.

33.  (1) The information of admission of a foreign prisoner in a prison,

shall be sent forthwith to the Director General, who shall forward the same

to the Ministry of External Affairs, Government of India, or any other agency

as may be specified by the Central Government or the State Government.

(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.

34.  No prisoner shall be discharged from prison, if labouring under any

acute or dangerous distemper, unless the Medical Officer certifies that such

discharge is safe.

CHAPTER XI

DISCIPLINE OF PRISONERS.

35.  The following acts shall be the prison offences when committed by

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;

Transfer of

prisoner.

Admission

and

repatriation

of foreign

prisoners.

49 of

2003.

Discharge of

prisoners.

Prison

offences.

महाराष्ट्रõ शासन रा

असाधारण भाग पाच–अ, डिसेंबर १३, २०२५/अग्रहायण २२, शके १

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

maintaining discipline in the prison, amongst the prisoners, in accordance

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.

Disciplinary

authority for

prisoners.

16

महाराष्ट्रõ शासन रा

असाधारण भाग पाच–अ, डिसेंबर १३, २०२५/अग्रहायण २२, शके १

37.  It shall be the duty of every prisoner to obey the orders and

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.

38.  The officer-in-charge of a prison may, after conducting an inquiry,

as specified under this Act and the rules impose any of the following

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.

39.  The Superintendent shall cause to be affixed, in a conspicuous place

outside the prison, a notice in English and the vernacular language, setting

forth the acts prohibited under section 41 and the penalties incurred by their

commission.

40.  (1) A punishment book shall be maintained in every prison.

(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.

41.  Whoever, contrary to the provisions of the Act or rules made

thereunder,—

(a) removes or attempts to remove any prisoner from any prison;

(b) supplies or attempts to supply to any prisoner any prohibited

article;

Publication

of prohibited

actions and

penalties.

Offences in

relation to

prison.

Duty of

prisoners.

Punishment

for prison

offences.

Entries in

punishment

book.

महाराष्ट्रõ शासन रा

असाधारण भाग पाच–अ, डिसेंबर १३, २०२५/अग्रहायण २२, शके १

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

communication devices in prisons.

(2) Whoever, being a prisoner or visitor or officer or staff of prison, in

contravention of any provisions of the Act or rules made thereunder,–

(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

against prison discipline, which by reason of his having frequently committed

such offence or otherwise, in the opinion of the officer-in-charge, is not

adequately punishable by the infliction of any punishment which he has the

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.

Punishment

for possessing

or using

mobile phones

and other

contraband.

Procedure

on repeated

committal

of prison

offences.

भााग पााच-अ–५१-३.

एचबीी-२५०६-३.

18

महाराष्ट्रõ शासन रा

असाधारण भाग पाच–अ, डिसेंबर १३, २०२५/अग्रहायण २२, शके १

CHAPTER XIII

FACILITIES TO PRISONERS.

44.  (1) All the prisoners shall be provided food at Government expense

and the quantity of food served shall be prescribed by rules.

(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.

45.  The Government may make available a canteen facility in the prison

premises from which the prisoners may purchase articles permitted in

accordance with rules.

46.  (1) Every convicted prisoner shall be provided with work while in

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.

47.  (1) All prisoners shall have access to adequate health care facilities,

as may be prescribed.

(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

section 103 of the Mental Healthcare Act, 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.

48.  (1) The prisoners may communicate with their relatives and friends

through physical or virtual mode, under proper supervision of prison

authorities. All these visitors to prisoners shall be verified or authenticated

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.

Food, clothing

and bedding

for prisoners.

Canteen

facilities.

Work and

wages.

Health care

facilities for

prisoners.

10 of

2017.

Contact with

relatives,

friends and

legal advisors.

महाराष्ट्रõ शासन रा

असाधारण भाग पाच–अ, डिसेंबर १३, २०२५/अग्रहायण २२, शके १

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

accordance with the provisions of the Legal Services Authorities Act, 1987

and rules and regulations made thereunder.

50.  (1) Furlough and parole may be granted to the convicted prisoners,

as per eligibility and on such conditions as may be prescribed.

(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

suspended or remitted or release on furlough or parole is granted, is in the

opinion of the authority exercising such power, not fulfilled, such authority

may cancel its order granting such suspension, remission or release on furlough

or parole, and thereupon the person in whose favour such order was made

may, if at large, be arrested by any police officer without warrant and

remanded to undergo the unexpired term of his sentence.

52.  (1) If any prisoner fails without sufficient cause to observe any of

the conditions, on or subject to which his sentence was suspended or remitted,

or release on furlough or parole was granted to him, he shall, on conviction,

be punished (such punishment being in addition to any punishment which

such prisoner was undergoing when he committed such offence) with

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

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.

Legal aid.

39 of

1987.

Furlough and

parole.

Power to

arrest person

committing

breach of

conditions of

furlough or

parole, etc.,

without

warrant.

Criminal

liability

for breach of

conditions of

suspensions of

sentence, etc.

Remission.

20

महाराष्ट्रõ शासन रा

असाधारण भाग पाच–अ, डिसेंबर १३, २०२५/अग्रहायण २२, शके १

54.  (1) The prisoners may be provided opportunity for education in the

prescribed manner.

(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.

55.  (1) The prison authorities shall organize spiritual, cultural and

recreational programs, etc., for the prisoners.

(2) The facilities for playing games, sports and yoga shall be provided in

prison.

56.  The Government shall constitute a welfare fund for the welfare of

prisoners in the State and moneys to be deposited in the fund and its utilization

shall be such as may be prescribed.

57.  The Government may establish sales outlets for the sale of products

made by prisoner to the prisoners, prison staff and public.

58.  There shall be a grievance redressal mechanism for redressal of

grievances of prisoners as may be prescribed.

59.  The State Government may endeavour to provide after-care services,

as may be prescribed, to all needy prisoners released from a prison with a

view to ensure their rehabilitation and reintegration into society.

CHAPTER XIV

PROVISIONS RELATED TO WOMEN PRISONERS.

60.  (1) The Government may establish prisons for women prisoners, as

it may consider necessary.

(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.

61.  A separate women ward in the prison hospital may be created for

women prisoners.

62.  (1) In women prisons and women enclosures or women wards, only

women prison officials and staff shall be deployed.

(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.

Education

and skill

development

for prisoners.

Recreational

facilities for

prisoners.

Welfare fund

for prisoners.

Sales Outlets.

Grievance

redressal

mechanism.

After-care and

rehabilitation

services.

Separate

accommodation

for women

prisoners.

Women wards

in hospitals.

Women

officials and

staff.

महाराष्ट्रõ शासन रा

असाधारण भाग पाच–अ, डिसेंबर १३, २०२५/अग्रहायण २२, शके १

21

63.  Women prisoners may be provided access to correctional programs

and activities which take into account their gender specific needs.

64.  When a women prisoner is found to be pregnant at the time of

admission or later, the Medical Officer shall report the fact to the officer-in-

charge. Necessary arrangements shall be made to provide her medical care

and diet, as may be prescribed.

65.  Women prisoners may keep their children with them inside the

prison until the child attains the age of six years. A child living with its mother

in prison shall be provided with health care and such other facilities as may

be prescribed.

66.  Any complaint or information of sexual harassment of a woman

prisoner shall be acted upon without delay as per the provisions of law.

CHAPTER XV

TRANSGENDER PRISONERS.

67.  Separate enclosures or wards for transgender prisoners, both

transmen and transwomen, may be provided, as prescribed under the rules.

68.  The transgender prisoners shall be provided access to health-care,

correctional programs and other activities.

CHAPTER XVI

CUSTODY AND SECURITY OF PRISONERS.

69.  The officer-in-charge of a prison shall be responsible to undertake

effective measures for ensuring safe custody and security of prisoners. These

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

authorities shall provide necessary assistance to the prison authorities for

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

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

be lawfully confined, or whenever he is working outside or is otherwise beyond

the limits of any such prison or under the lawful custody or control of a prison

officer belonging to such prison, shall be deemed to be in prison and shall be

subject to all the same incidents as if he were actually in prison.

Access to

various

programs.

Pregnant

women

prisoners.

Women

prisoners with

children.

Inquiry into

complaints

of sexual

harassment.

Separate

accommodation

for transgender

prisoners.

Safe custody

and security

of prisoners.

Responsibility

of police

authorities.

Use of force.

Extramural

custody,

control and

employment

of prisoners.

Access to various

programs and

health-care.

22

महाराष्ट्रõ शासन रा

असाधारण भाग पाच–अ, डिसेंबर १३, २०२५/अग्रहायण २२, शके १

CHAPTER-XVII

PROTECTION OF SOCIETY FROM CRIMINAL ACTIVITIES OF

HIGH-RISK, HABITUAL OFFENDERS AND HARDENED

CRIMINAL PRISONERS.

73.  (1) It shall be the responsibility of Prisons Force and the State Police

to take all appropriate measures for protecting the society from the criminal

activities of high-risk prisoners, habitual offenders and hardened criminals.

(2) Based on the details of the crime committed by the inmate, available

background record, history ticket, etc. inmates shall be suitably classified,

assessed for their propensity and potential to negatively influence other

inmates and be housed in separate barracks or cells, as may be appropriate.

74.  (1) The Government shall ensure special watch and surveillance on

high risk prisoners, hardened criminals and habitual offenders for preventing

organized crime and continued criminal activities while imprisoned, including

gang activity, intimidating witnesses, etc.

(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.

75.  (1) There shall be no discrimination in the classification, segregation

in prisons, on the basis of caste of prisoners.

Taking

appropriate

measures

against

criminal

activities of

prisoners.

Special

provisions

for security,

intelligence

gathering and

surveillance.

No

discrimination

on caste basis.

महाराष्ट्रõ शासन रा

असाधारण भाग पाच–अ, डिसेंबर १३, २०२५/अग्रहायण २२, शके १

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.

(3) The provisions of the Prohibition of Employment as Manual Scavengers

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

disability. All prisoners with disabilities shall be entitled to equality, dignity,

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

stories of reformed prisoners to showcase rehabilitation and positive

transformation, inspire other inmates, raise public awareness, reduce stigma

and support reintegration into society.

78.  (1) All officers and staff of the prison shall be thoroughly searched,

upon each entry into a prison and each exit from the prison.

(2) Every person and visitor seeking to enter the prison shall be thoroughly

searched as prescribed by the rules.

(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,

headed by the District and Sessions Judge, with the District Magistrate,

Superintendent of Police, Secretary of District Legal-Aid Services Authority

as members and the Superintendent of Prisons (the senior most in the district)

25 of

2013.

Rights of

prisoners with

disabilities.

Short films

on reformed

prisoners.

Mandatory

search of

every person

entering a

prison.

Constitution

of Undertrial

Review

Committees for

every district.

24

महाराष्ट्रõ शासन रा

असाधारण भाग पाच–अ, डिसेंबर १३, २०२५/अग्रहायण २२, शके १

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.

80.  No prisoner, visitor or any person employed in the prison, shall have

any right to go on strike or start or continue any agitation inside the prison

for achieving any request or demand.

81.  The officer-in-charge shall take all appropriate measures, as may

be prescribed, including the procurement of necessary equipment and

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

Management Act, 2005 or orders issued by the Government.

82.  (1) The Government shall ensure integration and embedding of

appropriate technology for the effective management and superintendence of

prisons and for the safety and security of prisons and the prisoners, which

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.

83.  (1) The Government may, by notification in the Official Gazette,

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.

Prohibition

of strike and

agitation.

Contingency

plan for

prisons.

Use of

technology

in prison

administration.

Powers to

make rules.

53 of

2005.

महाराष्ट्रõ शासन रा

असाधारण भाग पाच–अ, डिसेंबर १३, २०२५/अग्रहायण २२, शके १

25

84. The Government may, by notification in the Official Gazette, direct

that any power, other than the power to make rules, exercisable by it under

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

such manner as may be prescribed by the Government.

86.  No suit, prosecution or other legal proceedings shall lie against the

Government, any officer or the authority of the Government or Prisons Force,

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

of the provisions of any other law for the time being in force

88.  (1) The Prisons Act, 1894 and the Prisoners Act, 1900, as applicable

to the State of Maharashtra, are hereby repealed.

(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

Act, the State Government may, as occasion arises, by an order published in

the Official Gazette, do anything not inconsistent with the provisions of this

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.

Delegation of

powers.

Accounts and

audit.

Protection of

action taken

in good faith.

Act not in

derogation of

any

other law.

9 of

1894.

3 of

1900.

Repeal and

saving.

Power to

remove

difficulties.

भााग पााच-अ–५१-४.

एचबीी-२५०६-४.

26

महाराष्ट्रõ शासन रा

असाधारण भाग पाच–अ, डिसेंबर १३, २०२५/अग्रहायण २२, शके १

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 the

महाराष्ट्रõ शासन रा

असाधारण भाग पाच–अ, डिसेंबर १३, २०२५/अग्रहायण २२, शके १

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 12^th December 2025.

Chief Minister.

28

महाराष्ट्रõ शासन रा

असाधारण भाग पाच–अ, डिसेंबर १३, २०२५/अग्रहायण २२, शके १

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;

महाराष्ट्रõ शासन रा

असाधारण भाग पाच–अ, डिसेंबर १३, २०२५/अग्रहायण २२, शके १

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

महाराष्ट्रõ शासन रा

असाधारण भाग पाच–अ, डिसेंबर १३, २०२५/अग्रहायण २२, शके १

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.

महाराष्ट्रõ शासन रा

असाधारण भाग पाच–अ, डिसेंबर १३, २०२५/अग्रहायण २२, शके १

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

महाराष्ट्रõ शासन रा

असाधारण भाग पाच–अ, डिसेंबर १३, २०२५/अग्रहायण २२, शके १

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.

महाराष्ट्रõ शासन रा

असाधारण भाग पाच–अ, डिसेंबर १३, २०२५/अग्रहायण २२, शके १

33

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.

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,

Nagpur,

Dated : 13^th December, 2025

JITENDRA BHOLE,

Secretary-1

Maharashtra Legislative Assembly

भााग पााच-अ–५१-५.

एचबीी-२५०६-५.