Chapter I PRELIMINARY

Short Title, extent and commencement.-

1. (1) This Act may be called the Mizoram Prisons and Correctional Services Act, 2024.
2. (2) It extends to the whole of the State of Mizoram.
3. (3) It shall come into force on the date of publication in the Official Gazette.

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

1. (a) “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. (b) “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.
3. (c) “convict” means any prisoner under sentence of a court exercising criminal jurisdiction or court martial.
4. (d) “correctional service” means any service or program aimed at the reformation and rehabilitation of an inmate, and includes services related to the assessment, supervision, treatment, training, control, custody of an inmate.
5. (e) “court” includes any officer lawfully exercising civil, criminal or revenue jurisdiction. (f ) “Directorate” means the Directorate of Prisons and Correctional Services of the State or Union Territory.
6. (g) “detenue” means any person detained in prison on the orders of a competent authority under any law providing for preventive detention.
7. (h) “family” means Spouse, children, siblings, parents, grand-parents, grandchildren, and, in the context of transgender inmates, people related through socio-religious family system.
   • (i) “foreign prisoner” means any prisoner who is not a citizen of India.
8. (j) “furlough” means short leave granted to a convict, after undergoing a prescribed period of sentence, as an incentive for maintaining good conduct in prison.
9. (k) “Government” means the Government of Mizoram.
10. (l) “habitual offender” means a prisoner who is committed to prison repeatedly for a crime.
11. (m) “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.
12. (n) “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 organized crime and terrorist activities.
13. (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 convicted and undertrial 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, prisoners with high propensity of escape, have the potential of rioting and negatively influencing other inmates, etc.
14. (p) “history ticket” means the ticket, either in physical or electronic form, exhibiting all relevant information in respect of a prisoner.
15. (q) “inmate means” any person lawfully confined in a prison and correctional institution.
16. (r) “Institution means” a place where prisoners are lawfully confined. “Medical Officer in relation to prisons” means a qualified Government medical practitioner deputed as a medical officer of a prison.
17. (t) “Medical Subordinate Staff ” means a qualified Medical Assistant, such as Pharmacist, Nurse, Lab Technician, etc. deputed in a Prison.
18. (u) “Open Correctional Institution” means a place for confinement of eligible prisoners on such conditions, as may be prescribed under the rules, for giving them more liberty outside a regular prison for facilitating their rehabilitation after release.
    • (v) “parole” means temporary release of a convict for a short period of time for attending to familial and social obligations.
19. (w) “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 —
    • (i) any place for the confinement of prisoners who are exclusively in the custody of the police;
    • (ii) any place specially appointed by the Government under Section 417 of the Code of Criminal Procedure, 1973 (2 of 1974);
    • (iii) any place which has been declared by the Government by a general or special order to be a subsidiary jail.
    • (x) “Prison Officer” means an officer belonging to the Directorate and includes officers of any other security force or any other service deployed in the prison for assisting the prison administration for the safe custody of/providing correctional services to the prisoners.
20. (y) “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.
21. (z) “Institution for Young Offenders” means a prison for young prisoners established to ensure their care, welfare and rehabilitation, to provide an environment of education and training conducive to their reformation.
22. (za) “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 convicted prisoner, civil prisoner, undertrial prisoner, prisoner remanded by a court to prison custody under the orders of a competent authority and a detenue.
23. (zb) “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 the Prisons and Correctional Institutions or the Government from being in a prisoner’s possession, like cell phone, a communication device, drugs or anything that can be used as a weapon or to aid in escape, such as fire arms or any of its part, 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.
24. (zc) “recidivist” means any prisoner who is convicted for a crime more than once.
25. (zd) “remission” means a concession granted to an eligible convicted prisoner by the competent authority with the prospect of early release from prison by shortening of sentence, as may ‘be prescribed under the rules.
26. (ze) “rule” means a rule made under this Act. (zf ) “Officer-in-charge of the prison” means an officer appointed by the competent authority as in-charge of a prison, namely Superintendent, Deputy Superintendent, etc.
27. (zg) “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.
28. (zh) “wireless communication device” means a mobile phone, computer, tablet, laptop, palmtop or any other electronic device used for unauthorized communication using any cellular or satellite network or any other device notified by the competent authority.
29. (zi) “young offender” means a prisoner who has attained the age of 18years and has not attained the age of 21 years.