Definitions

Definitions.– In this Act, unless the context otherwise requires,–

1. (1) "After care service" means a service or activity aimed at the rehabilitation of the released prisoner for enabling him to lead Life as a dutiful citizen;
2. (2) "civil prisoner" means any prisoner who is not a criminal prisoner;
3. (3) "Competent Authority" means the Competent Authority as declared by the Government;
4. (4) "Convict" means any prisoner under sentence of a Court exercising criminal jurisdiction or Court martial;
5. (5) "Correctional Services" means any service or programme aimed at the reformation and rehabilitation of an inmate and includes services related to the execution of sentence awarded, assessment, supervision, treatment, training, control and custody of an inmate;
6. (6) "Correctional Services Official" means an employee appointed by the Government or the Directorate to exercise powers or perform duties or functions related to the administration of this Act or as may be assigned by the Government;
7. (7) "Court" includes any officer lawfully exercising civil, criminal or revenue jurisdiction;
8. (8) "Criminal Prisoner" means any prisoner duly committed to custody under the writ, warrant, order of any Court or authority exercising criminal jurisdiction, or by order of a Court martial and who is not a detenue;
9. (9) "Detenue" means any person detained in prison and correctional institution on the orders of a Competent Authority under any law providing for preventive detention;
10. (10) "Directorate" means the Directorate of Prisons and Correctional Services of the State;
11. (11) "Family" means spouse, children, siblings, parents, grandparents, grandchildren and in the context of transgender inmates, people related through socio-religious family system;
12. (12) "Foreign Prisoner" means any prisoner who is not a citizen of India;
13. (13) "Furlough" means short leave granted to a convict, after undergoing a prescribed period of sentence, as an incentive for maintaining good conduct in prison and correctional institution;
14. (14) "Government" means the Government of Madhya Pradesh;
15. (15) "Habitual Offender" means prisoners who are sent to prison and correctional institution repeatedly for crimes;
16. (16) "Head of Directorate" means an officer appointed by the Government as Head of the Directorate;
17. (17) "High Risk Prisoner" means a prisoner with high propensity towards violence, escape, self-harm, disorderly behavior, likely to create unrest in the prison and correctional institution and a threat to public order and includes those engaged in organized crime and terrorist activities;
18. (18) "High Security Prison" means an independent self-sufficient prison complex with dynamic and strengthened security systems with provision for an independent Court complex to house high risk prisoner, which may be part of any prison and correctional institution;
19. (19) "History Ticket" means the ticket either in physical or electronic form, exhibiting all relevant information in respect of a prisoner;
20. (20) "Inmate" means any person lawfully confined in a prison and correctional institution;
21. (21) "Institution for Young Offenders" means a prison and correctional institution for young prisoners established to ensure their care, welfare and rehabilitation, to provide an environment of education and training conducive to their reformation;
22. (22) "Medical Officer" in relation to prison and correctional institution means a qualified Government medical practitioner deputed as a medical officer of prison and correctional institution;
23. (23) "Medical Subordinate Staff" means a qualified Medical Assistant deputed as such in prison and correctional institution;
24. (24) "Open Correctional Institution" means a place for confinement of eligible prisoners on such conditions, as may be prescribed under the rules;
25. (25) "Parole" means temporary release of a convict for a short period of time for attending to familial and social obligations;
26. (26) "Prison and Correctional Institution" means any place used permanently or temporarily under general or special orders of the Government for providing correctional services to prisoners and includes all lands and buildings appurtenant thereto, but does not include.–
    • (a) any place for the confinement of prisoners who are exclusively in the custody of the police;
    • (b) any place specially appointed by the Government under section 457 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (46 of 2023);
    • (c) any place which has been declared by the Government by a general or special order to be a subsidiary jail;
27. (27) "Prisoner" means a person committed to custody in a prison and correctional institution under the writ, warrant, order or sentence of a Court or a Competent Authority and includes convicted prisoner, civil prisoner, criminal prisoner, under-trial prisoner, prisoner to be kept in prison and correctional institution custody under the orders of a Competent Authority and a detenue;
28. (28) "Prohibited Article" means any item that presents a threat to the safety or security of the prisoners, prison and correctional services official, prison and correctional institution or any object, substance or material forbidden by the prison and correctional institution or the Government from being in a prisoner's possession that can be used as a weapon or any article, the introduction or removal of which into or out of a prison and correctional institution is prohibited by this Act or by the rules framed thereunder or by any other law or by any notification of the Government;
29. (29) "Recidivist" means any prisoner who is convicted for a crime more than once;
30. (30) "Remission" means a concession granted to an eligible convicted prisoner by the competent Authority with the prospect of early release from prison and correctional institution by shortening of sentence, as may be prescribed under the rules;
31. (31) "Rules" means the rules made under this Act;
32. (32) "State" means the State of Madhya pradesh;
33. (33) "Superintendent" means a correctional services official appointed by the Government to perform the functions provided in the Act, as may be prescribed under the rules;
34. (34) "Under Trial Prisoner" means a person who is not serving any sentence as a convict and has been committed to judicial custody, pending investigation or trial;
35. (35) "Wireless Communication Device" means a device used for wireless communication or any other device notified by the Competent Authority;
36. (36) "Young Offender" means a prisoner who has attained the age of 18 years and has not attained the age of 21 years.