Chapter I PRELIMINARY

Short title, extent and commencement -

1. (1) This Act may be called the Meghalaya Prisons and Correctional Services Act, 2026.
2. (2) It extends to the whole State of Meghalaya.
3. (3) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.

Definitions - In this Act, unless the context otherwise requires-

i) "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.

ii) "Civil Prisoner" means any prisoner who is not committed to custody under a writ, warrant or order of

any court or authority exercising criminal jurisdiction, or by the order of a court martial and who is not a detenue.

iii) "Convict" means any prisoner under sentence of a Court exercising criminal jurisdiction or Court

Martial.

and custody of an inmate. v) "Court" includes any officer lawfully exercising civil, criminal or revenue jurisdiction.

vi) "Detenue" means any person detained in prison on the orders of a competent authority, under any law

providing for preventive detention.

of transgender inmates, people related through the socio-religious family system.

as an incentive for maintaining good conduct in prison.

convicted and sentenced to imprisonment on more than two occasions on account of any one or more of the offences committed on different occasions and not constituting parts of the same transaction; such sentence not having been reversed in appeal or review: Provided that, in computing the continuous period of five years referred to above, any period spent in prison either under sentence of imprisonment or under detention shall not be taken into account. xiii) "Head of the Directorate of Prisons and Correctional Services" means an officer appointed by the Government to head the Directorate of Prisons and Correctional Services.

xiv) "High-Risk Prisoner" means a prisoner with high propensity towards violence, escape, self-harm,

disorderly behaviour, likely to create unrest in the prison and a threat to public order and includes those engaged in organised crime and terrorist activities.

xv) "High Security Prison" means an independent self-sufficient prison complex with dynamic and

strengthened security systems including provision for an independent Court complex, etc., to house convicted and under-trial inmates who need to be kept in a high security custody area, such as persons involved in terrorist activities, gangsters, dangerous prisoners, hardened criminals, habitual offenders, high-risk prisoners, etc.

xvi) "History Ticket" means the ticket, either in physical or electronic form, exhibiting all relevant

information in respect of a prisoner.

care, welfare, rehabilitation and to provide an environment for education and training, conducive to their reformation.

xx) "Medical Officer" in relation to prisons means a qualified Government medical practitioner deputed

as Medical Officer of a prison.

xxi) "Medical Subordinate Staff” means a qualified Medical Assistant, such as Pharmacist, Nurse,

Laboratory Technician, etc., deputed to a prison.

xxii) "Officer-in-charge of a prison" means an officer appointed by the competent authority to be in

charge of the prison i.e., the Superintendent, Deputy Superintendent, etc.

xxiii) "Open Correctional Institution" means a place for confinement of eligible prisoners on such

conditions as may be prescribed under the rules, to provide them greater liberty outside a regular prison, for facilitating their rehabilitation after release.

xxiv) "Parole" means temporary release of a convict for a short period of time to attend to familial and

social obligations.

xxv) "Prison" means any place used permanently or temporarily under general or special orders of the

Government for the detention of prisoners and includes all lands and buildings appurtenant thereto, but does not include -

1. (a) any place for the confinement of prisoners who are exclusively in the custody of the police;
2. (b) any place specially appointed by the Government under the relevant sections of the Bharatiya Nagarik Suraksha Sanhita;
3. (c) any place which has been declared by the Government by a general or special order to be a subsidiary prison.

xxvi) "Prison Officer" means an officer belonging to the Directorate and includes officers of other security

forces or services deployed in the prison to assist the prison administration in providing safe custody and correctional services to the prisoners.

xxvii) "Prison Staff” means an employee appointed by the Directorate, other than a prison officer, who

exercises powers or performs duties or functions related to the administration of this Act or as may be assigned by the Government.

xxviii) "Prisoner" means a person committed to custody in a prison under the writ, warrant, order or

sentence of a Court or a competent authority and includes a convicted prisoner, civil prisoner, under-trial prisoner and a detenue.

xxix) "Prohibited article (contraband)" means any item that presents a threat to the safety or security of

the prisoners, prison staff, prison institution or any object, substance or material forbidden by Prisons and Correctional Institutions or the Government from being in a prisoner's possession, like a cell phone/ communication device, drugs, anything that can be used as a weapon or to aid in escape such as a fire arm or any of its parts, explosives, knives, wire, tools, chemicals, razor blades, alcohol, matches, lighters or any article, the introduction or removal of which into or out of a prison is prohibited by this Act or by the rules framed under the Act or by any other law or by any notification of the Government.

eligible for early release from prison, by reducing the sentence as may be prescribed under the rules.

custody pending investigation by the police or trial by a court of competent jurisdiction.

xxxiv) "Wireless Communication Device" includes a mobile phone, computer, tablet, lap-top, palm-top or

any other electronic device for communication or any other device notified by the competent authority.

xxxv) "Young Offender" means a prisoner who has attained the age of 18 years but has not attained the

age of 21 years.