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CHAPTER I
PRELIMINARY

1.Title, extent and commencement. — (1) This Act may be called the Prisons Act 1894

(2) It extends to the whole of India except the territories which, immediately before the 1st November, 1956, were comprised in Part B States; and

(3) It shall come into force on the first day of July, 1894.

(4) Nothing in this Act shall apply to civil jails in the State of Bombay as it existed immediately before the 1st November, 1956 outside the city of Bombay, and those jails shall continue to be administered under the provisions of Sections 9 to 16 (both inclusive) of Bombay Act 2 of 1874, as amended by subsequent enactments.

STATE AMENDMENTS

 Andhra Pradesh

In sub-section (2) of Section 1 after the words and letter “comprised in Part B States” words and figures “other than the territories specified in sub-section (1) of Section 3 of the State Reorganistion Act, 1956”.

[A.P. Act 23 of 1958].

Gujarat

Same as those of Maharasthra, except in sub- section (4). The words “State of Gujarat” are to be substituted for the words “State of Bombay outside Greater Bombay”.

[Act 11 of 1960].

Madhya Pradesh

In Section 1, —

(a)  in sub-section (2) after the words “Part B States”, insert the words “other than the Madhya Bharat and Sironja regions of the State of Madhya Pradesh”; and

(b)  omit sub-section (4).                                                                                          [M.P. Act 40 of 1961].

Maharashtra

In Section 1:

(a)  in sub-section (2), after the words and letter “comprised in Part B States” insert the words and figures “other than any such territories forming part of the State of Maharasthra by Section 8 of the States Reorganisation Act, 1956”;

(b)  delete sub-section (3);

(c)  in sub-section (4) for the words and figures “as it existed immediately before the 1st November, 1956 outside the City of Bombay, and those jails shall continue to be administered”; and

(d)  in the marginal note for the word “commencement” substitute the word “application”.

[Bom. Act 23 of 1959].

  1. [Repeal.] Rep. by the Repealing Act, 1938 (1 of 1938).
  2. Definitions. —In this Act, —

(1) “prison” means any jail or place used permanently or temporarily under the general or special orders of a State Government for the detention of 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 State Government under [1][Section 541 of the Code of Criminal Procedure, 1882 (10 of 1882);] or

(c) any place which has been declared by the State Government by general or special order, to be a subsidiary jail;

(2) “criminal prisoner” means any prisoner duly committed to custody under the writ, warrant or order of any Court or authority exercising criminal jurisdiction, or by order of a Court-martial;

(3) “convicted criminal prisoner” means any criminal prisoner under sentence of a Court or Court-martial, and includes a person detained in prison under the [2][provisions of Chapter VIII of the Code of Criminal Procedure, 1882 (10 of 1882)] or under the [3][Prisoners Act, 1871 (5 of 1871)];

(4) “Civil prisoner” means any prisoner who is not a criminal prisoner;

(5) “remission system” means the rules for the time being in force regulating the award of marks to, and the consequent shortening of sentence of prisoners in jail;

(6) “history ticket” means the ticket exhibiting such information as is required in respect of each prisoner by this Act or the rules thereunder;

(7) “Inspector General” means the Inspector General of Prisons;

(8) “Medical Subordinate” means an Assistant Surgeon, Apothecary or qualified Hospital Assistant; and

(9) “prohibited article” means an article the introduction or removal of which into or out of a prison is prohibited by any rule under this Act.

STATE AMENDMENTS

Andhra Pradesh

In its application to the State to the State of Andhra Pradesh in Section 3 after Clause (4) insert the following clause, namely: —

“(4-A) furlough system” means the system of releasing prisoners in jails on furlough in accordance with the rules for the time being in force”.

[A.P. 23 of 1958].

Gujarat:

Same as in Maharashtra.

[Guj. Act 11 of 1960].

Maharasthra

(i)  in Section 3, for Clause 5, substitute the following clauses, namely —

“(5) `remission system‘ means the system of regulating the award of marks to, and the consequent shortening of sentences of, prisoners in jail in accordance with the rules for the time being in force;

(5-A) `Furlough system’ means the systems of releasing prisoners in jail on furlough in accordance with the rules for the time being in force”.

(5-B) `parole system’ means the system of releasing prisoners in jail on parole, by suspension of their sentences in accordance with the rules for the time being in force.”

(ii)  In Section 3, delete Clause (8).                                                   [Bom. Act 27 of 1951 and 45 of 1959].

Orissa

In Section 3, Clauses (5) and (5-A) substituted for Clause (5), as those of Maharashtra.

[Orissa Act 29 of 1958].

Uttar Pradesh

(i)  In Section 3, for Clause (7), substitute the following, namely: —

“(7) `Inspector-General’ means the Inspector- General of Prisons, and in relation to the performance of such functions of the Inspector-General as are entrusted by or under the rules made under this Act to Deputy Inspector-General of Prisons, includes such Deputy Inspector-General”.

[U.P. Act 19 of 1966, Section 2].

CHAPTER II
MAINTENANCE AND OFFICERS OF PRISONS

  1. Accommodation for prisoners. —The State Government shall provide, for the prisoners in the territories under such Government, accommodations in prisons constructed and regulated in such manner as to comply with the requisitions of this Act in respect of the separation of prisoners.
  2. Inspector General. —An Inspector General shall be appointed for the territories subject to each State Government, and shall exercise, subject to the orders of the State Government, the general control and superintendence of all prisons situated in the territories under such Government.

STATE AMENDMENTS

Gujarat

Same as that of Maharashtra.

[Act 11 of 1960].

Madhya Pradesh

Section 5 shall be numbered, as sub-section (1) thereof and after sub-section (1) as so renumbered the following sub-section shall be inserted namely: —

“(2) The State Government may also appoint an Additional Inspector General of Prisons and one or more Deputy Inspector General of Prisons for the whole of the State or any part thereof, and they shall exercise, carry out or discharge all or any of the powers, duties and functions of the Inspector General under this Act, or under any law for the time being in force, as the Inspector General may delegate to them, with prior approval of the State Government.”

[M.P. Act 2 of 1986].

Maharashtra

Section 5 shall be renumbered as sub-section (1) thereof and after the sub-section so renumbered add the following, namely: —

“(2) The State Government may also appoint one or more Deputy Inspector-General of Prisons for the whole of such territories of any part thereof, and they shall exercise, carry out or discharge all or any of the powers, duties and functions of the Inspector- General under this Act, or under any law for the time being in force, as the Inspector-General may delegate to them, with the prior approval of the same Government”.

[Bom. Act 23 of 1959].

Uttar Pradesh

Section 5 renumbered as sub-section (1) thereof and after the renumbered sub-section (1), insert the following as sub-section (2): —

“(2) The State Government may also appoint one or more Deputy Inspector-General of Prisons, and they shall perform such of the functions.

[U.P. Act 19 of 1966]

  1. Officers of prisons. —For every prison there shall be a Superintendent, a Medical Officer (who may also be the Superintendent), a Medical Subordinate, a Jailer and such other officers as the State Government thinks necessary:

Provided that the State Government of Bombay may declared by order in writing that in any prison specified in the order the officer of Jailer shall be held by the person appointed  to be Superintendent.

STATE AMENDMENTS

 Delhi

Same as in Punjab.

[Delhi Laws Act, 1912].

Gujarat:

Same as the Maharashtra except in Proviso to sub- section (1) of Section 6, for “State Government of Bombay” the words “State Government of Gujarat” are to be substituted.

[Act 11 of 1960].

Madhya Pradesh

In the proviso the Section 6, for the words “the State Government of Bombay”, substitute the words “the State Government of Madhya Pradesh”.

[M.P. Act 40 of 1961].

Maharashtra

In Section 6 —

(a)  renumber the section as sub-section (1) thereof;

(b)  in sub-section (1) so renumbered, after the words “as Superintendent” insert the brackets and words “who may be a Deputy Inspector-General of Prisons”;

(c)  delete the words “a Medical Subordinate”;

(d)  in the proviso for “State Government of Bombay” substitute “State Government of Maharashtra”;

(e)  insert the following as sub-section (2), namely: —   “(2) Where one or more Deputy Superintendent are appointed for a prison, they shall, subject to the general or special orders of the Inspector-General, exercise, carry out of discharge all or any of the powers, duties and functions of a Superintendent under this Act, or any law for the being in force, as the Superintendent may delegate to them”.

[Bom. Act 45 of 1959].

Punjab, Haryana, Chandigarh

In Section 6, at the end, the following Proviso added namely: —

“Provided further that in the Punjab the State Government may appoint for any prison a Deputy Superintendent instead of a Jailer, and these officers when so appointed shall exercise the same powers, shall discharge the same duties and shall be subject to the same disabilities as Jailes and Deputy or Assistant Jailers respectively”.

[Punjab Act 9 of 1926, Punjab Act 5 of 1957 and Central Act 31 of 1966].

  1. Temporary accommodation of prisoners. —Whenever it appears to the Inspector- General that the number of prisoners in any prison is greater than can conveniently or safely be kept therein, and it is not convenient to transfer the excess number to some other prison,

or whenever from the outbreak of epidemic disease within any prison, or for any other reason, it is desirable to provide for the temporary shelter and safe custody of any prisoners,

provision shall be made, by such officer and in such manner as the State Government may direct, for the shelter and safe custody in temporary prisons of so many of the prisoners as cannot be conveniently or safely kept in the prison.

CHAPTER III
DUTIES OF OFFICERS

Generally

  1. Control and duties of officers of prisons. —All officer of a prison shall obey the directions of the Superintendent; all officers subordinate to the Jailer shall perform such duties as may be imposed on them by the Jailer with the sanction of the Superintendent or be prescribed by rules under Section 59.
  2. Officers not to have business dealings with prisoners. —No officer of a prison shall sell or let, nor shall any person in trust for or employed by him sell or let, or derive any benefit from selling or letting, any article to any prisoner or have any money or other business dealings, directly or indirectly, with any prisoner.
  3. Officers not to interested in prison contracts. —No officer of a prison shall, nor shall any person in trust for or employed by him, have any interest, direct or indirect, in any contract for the supply of the prison; nor shall he derive any benefit, directly or indirectly, from the sale or purchase of any article on behalf of the prison or belonging to a prisoner.

Superintendent

  1. Superintendent. —(1) Subject to the orders of the Inspector-General, the Superintendent shall manage the prison in all matters relating to discipline, labour, expenditure, punishment and control.

(2) Subject to such general or special directions as may be given by the State Government, the Superintendent of a prison, other than a Central prison or a prison situated in Presidency-town shall obey all orders not inconsistent with this Act or any rule thereunder which may be given respecting the prison by the District Magistrate, and shall report to the Inspector-General all such orders and the action taken thereon.

STATE AMENDMENTS

 Andhra Pradesh

In sub-section (2) of Section 11, for the words “the District Magistrate” substitute the words “the District Collector”.

[A.P. Act 23 of 1958].

Gujarat

Same as that of Maharashtra.

[Act 11 of 1960].

Maharashtra

In Section 11 in sub-section (2), delete the words “a central prison or”.

[Bom. Act 45 of 1959].

  1. Records to be kept by Superintendent. —The Superintendent shall keep, or cause to be kept, the following records: —

(1) a register of prisoners admitted;

(2) a book showing when each prisoner is to be released;

(3) a punishment-book for the entry of the punishment inflicted on prisoners for prison-offences;

(4) a visitors’ book for the entry of any observations made by the visitors touching any matters connected with the administration of the prison;

(5) a record of the money and other article taken from prisoners;

and all such other records as may be prescribed by rules under Section 59.

Medical Officer

  1. Duties of Medical Officer. —Subject to the control of the Superintendent, the Medical Officer shall have charge of the sanitary administration of the prison, and shall perform such duties as may be prescribed by rules made by the State Government under Section 59.
  2. Medical Officer to report in certain cases. —Whenever the Medical Officer has reason to believe that the mind of a prisoner is, or is likely to be injuriously 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 think proper.

This report, with the orders of the Superintendent thereon, shall forthwith be sent to the Inspector-General for information.

  1. Report of death on prisoner. —On the death of any prisoner, the Medical Officer shall forthwith record in a register the following particulars so far as they can be ascertained, namely: —

(1) the day on which the deceased first complained of illness or was observed to be ill,

(2) the labour, if any on which he was engaged on that day,

(3) the scale of his diet on that day,

(4) the day on which he was admitted to hospital,

(5) the day on which the Medical Officer was first informed of the illness,

(6) the nature of the disease,

(7) when the deceased was last seen before his death by the Medical Officer or Medical Subordinate,

(8) when the prisoner died, and

(9) (in cases where a post-mortem examination is made) an account of the appearances after death,

together with any special remarks that appear to the Medical Officer to be required.

STATE AMENDMENTS

 Gujarat

Same as that of Maharashtra:

[Act 11 of 1960].

Maharasthra

In Section 15 in Clause (7) delete the words “or Medical Subordinate”.

[Bom. Act 45 of 1959].

Jailer

  1. Jailer. —(1) The Jailer shall reside in the prison, unless the Superintendent permits him in writing to reside elsewhere.

(2) The Jailer shall not, without the Inspector-General’s sanction in writing be concerned in any other employment.

  1. Jailer to give notice of death of prisoner. —Upon the death of a prisoner, the Jailer shall give immediate notice thereof to the Superintendent and the Medical Subordinate.
  2. Responsibility of Jailer. —The Jailer shall be responsible for the safe custody of the records to be kept under Section 12, for the commitment warrants and all other documents confined to his care, and for the money and other articles taken from prisoners.
  3. Jailer to be present at night. —The Jailer shall not be absent from the prison for a night without permission in writing from the Superintendent; but, if absent without leave for a night from unavoidable necessity, he shall immediately report the fact and the cause of it to the Superintendent.
  4. Powers of Deputy and Assistant Jailers. —Where a Deputy Jailer or Assistant Jailer is appointed to a prison, he shall, subject to the orders of the Superintendent, be competent to perform any of the duties, and be subject to all the responsibilities, of a Jailer under this Act or any rule thereunder.

Subordinate Officers

  1. Duties of gate-keeper. —The officer acting as gate-keeper, or any other officer of the prison, may examine anything carried in or out of the prison, and may stop and search or cause to be searched any person suspected of bringing any prohibited article into or out of the prison, or of carrying out any property belonging to the prison, and, if any such article or property be found, shall give immediate notice thereof to the Jailer.
  2. Subordinate officers not to be absent without leave. —Officers subordinate to the Jailer shall not be absent from the prison without leave from the Superintendent or from the Jailer.
  3. Convict Officers. —Prisoners who have been appointed as officers of prisons shall be deemed to be public servants within the meaning of the Indian Penal Code. (45 of 1860).

CHAPTER IV
ADMISSION, REMOVAL AND DISCHARGE OF PRISONERS

  1. Prisoners to be examined on admission. —(1) Whenever a prisoner is admitted into prison, he shall be searched, and all weapons and prohibited articles shall be taken from him.

(2) Every criminal prisoner shall also, as soon as possible after admission,  be examined under the general or special orders of the Medical Officer, who shall enter or cause to be entered in a book, to be kept by the Jailer, a record of the state of the prisoner’s health, and of any wounds or marks on his person, the class of labour he is fit for if sentenced to rigorous imprisonment, and any observations which the Medical Officer thinks fit to add.

(3) In the case of female prisoners the search and examination shall be carried out by the matron under the general or special orders of the Medical Officer.

  1. Effect of prisoners. —All money or other articles in respect whereof no order of a competent Court has been made, and which may with proper authority be brought into the prison by any criminal prisoner or sent to the prison for his use, shall be placed in the custody of the Jailer.
  2. Removal and discharge of prisoners. —(1) All prisoners, previously to being removed to any other prison, shall be examined by the Medical Officer.

(2) No prisoner shall be removed from one prison to another unless the Medical Officer certifies that the prisoner is free from any illness rendering him unfit for removal.

(3) No prisoner shall be discharged against his will from prison, if labouring under any act or dangerous distemper, nor until, in the opinion of Medical Officer, such discharge is safe.

CHAPTER V
DISCIPLINE OF PRISONERS

  1. Separation of prisoners. —The requisitions of this Act with respect to the separation of prisoner are as follows: —

(1) in a prison containing female as well as male prisoners, the females shall be imprisoned in separate buildings, or separate parts of the same building, in such manner as to prevent their seeing, or conversing or holding any inter-course with the male prisoners;

(2) in a prison where male prisoners under the age of twenty-one are confined, means shall be providend for separating them altogether from the other prisoners and for separating those of them who have arrived at the age of puberty from those who have not:

(3) unconvicted criminal prisoners shall be kept apart from convicted criminal prisoners; and

(4) civil prisoners shall be kept apart from criminal prisoners.

Gangwise  classification —  Found to be perfectly just and legal. State of Maharashtra v. Sayyed Noor Hasan Gulam Hussain alias Bawa. 1995 Cri.L.J. 765 (Bom.)

  1. Association and segregation of prisoners. —Subject to the requirements of the last foregoing section, convicted criminal prisoners may be confined either in association or individually in cells or partly in one way and partly in the other.
  2. Solitary confinement. —No cell shall be used for solitary confinement unless it is furnished with the means of enabling the prisoner to communicate at any time with an officer of the prison, and every prisoner so confined in a cell for more than twenty- four hours, whether as a punishment or otherwise, shall be visited at least once a day by the Medical Officer or Medical Subordinate.

STATE AMENDMENTS

 Gujarat

Same as that of Maharashtra:

[Act 11 of 1960].

Maharashtra

In Section 29 for the words “or Medical Subordinate” substitute the words “or any officer authorised by the Medical Officer in this behalf”.

[Bomb. Act 45 of 1959].

  1. Prisoners under sentence of death. —(1) Every prisoner under sentence of death shall, immediately on his arrival in the prison after sentence, be searched by, or by order of, the Jailer and all articles shall be taken from him which the Jailer deems it dangerous or inexpedient to leave in his possession.

(2) Every such prisoner shall  be confined in a cell apart from all other prisoners, and shall be placed by day and by night under the charge of a guard.

CHAPTER VI
FOOD, CLOTHING AND BEDDING OF CIVIL AND UNCONVICTED CRIMINAL PRISONERS

  1. Maintenance of certain prisoners from private sources. —A civil prisoner or an unconvicted criminal prisoner shall be permitted to maintain himself, and to purchase, or receive from private sources at proper hours, food, clothing, bedding or other necessaries, but subject to examination and to such rules as may be approved by the Inspector-General.

STATE AMENDMENT

Madhya Pradesh:

After Part VI add the following:

“PART VI-A

Leave and Emergency Leave to Prisoners

   31-A. Grant of leave to Prisoners. — (1) Subject to the provisions to this part and to such conditions as may be prescribed, the State Government or any authority to which the State Government may delegate its powers in this behalf may grant leave to any prisoner who has been sentenced to term of imprisonment of not less than three yeas, for a period no exceeding twenty one days in a year, excluding the time required for journeys to the first place of this visit immediately after departure from the prison and from the place of last visit to the prison back.

(2) The provision of sub-section (1) shall not apply to a prisoner who has been classified as a habitual criminal for the purpose of the rules for the time being in force made under the Prisons Act, 1894 (IX of 1894) and who has more than three previous convictions.

(3) Leave shall not be admissible to a prisoner during a year under sub-section (1) —

(i)  for more than two occasions;

(ii)  for a period of less than ten days; and

(iii)  unless a period of three months has elapsed since the expiration of leave last availed of during the year and the commencement of the leave applied for.

(4) No prisoner shall be granted leave under sub- section (1), unless, —

(a)  he has at the time of the grant of leave served one-half of his sentence including remission, or a period of not less than two years of his sentence, including remission whichever is less;

(b)  he has not been punished for a prison offence under Section 46 of the Prisons Act, 1894 (IX of 1894) during twelve months preceding the date of commencement of the leave applied for.

(5) The period of leave of the prisoner under sub- section (1) shall count towards the total period of his sentence.

(6) The authority directing the grant of leave to any prisoner under sub-section (1) may require him to enter into a bond with or without sureties for due observance of conditions specified in the direction.

(7) If any prisoner granted leave under sub- section (1) fails to fulfil any of the conditions imposed upon him under the said sub- section or in the bond entered into by him, the bond shall be declared to be forfeited and person bound thereby shall be liable to penalty thereof.

(8) If a prisoner has violated the conditions of leave or bond, he shall not be entitled to leave under sub-section (1) during the remaining period of his sentence.

31-B. Power to grant leave to prisoners on grounds of emergency. — (1) Notwithstanding anything to the contrary contained in Section 31-A or in any other law for the time being in force, the State Government or any authority to which the State Government may delegate its powers in this behalf, may sanction emergency leave to a prisoner who is entitled to grant of leave under Section 31-A for a period not exceeding fifteen days, excluding the time required for journey to the first place of his visit immediately after departure from the prison and from the place of last visit to the prison back, subject to such conditions as may be prescribed and may, at any time cancel the leave.

(2) Emergency leave under sub-section (1) may be granted to a prisoner in case of death of his or her spouse, son, daughter, father, mother, brother, sister, paternal or maternal grand father or grand mother or in case of his or her own marriage or the marriage of his or her son, daughter, brother and sister.

(3) The authority directing the grant of emergency leave to any prisoner under sub-section (1) may require him to enter into a bond with or without sureties for due observance of conditions specified in the direction.

(4) If any prisoner granted emergency leave under sub-section (1) fails to fulfil any of the conditions imposed upon him under the said sub-section or in the bond entered into by him, the bond shall be declared to be forfeited and any person bound thereby shall be liable to penalty thereof”.

[M.P. Act 10 of 1985].

  1. Restriction on transfer of food and clothing between certain prisoners. —No part of any food, clothing, bedding or other necessaries belonging to any civil or unconvicted criminal prisoner shall be given, hired or sold to any other prisoner; and any prisoner transgressing the provisions of this section shall lose the privilege of purchasing food or receiving it from private sources, for such time as the Superintendent thinks proper.
  2. Supply of clothing and bedding to civil and unconvicted criminal prisoners. —(1) Every civil prisoner and unconvicted criminal prisoner unable to provide himself with sufficient clothing and bedding shall be supplied by the Superintendent with such clothing and bedding as may be necessary.

(2) When any civil prisoner has been committed to prison in execution of a decree in favour of a private person, such person, or his representative, shall, within forty-eight hours after the receipt by him of a demand in writing, pay to the superintendent the cost of the clothing and bedding so supplied to the prisoner and in default of such payment the prisoner may be released.

STATE AMENDMENTS

 Andhra Pradesh:

Same as in Tamil Nadu.

[A.P. Act 23 of 1958].

Tamil Nadu:

In Section 33 for sub-section (2) substitute the following namely: —

“(2) When a civil prisoner has been committed to prison by a Court in execution of any decree or order in favour of a private person,such person shall immediately deposit or cause to be deposited in Court, meet the cost of the prisoner’s clothing and bedding such amount as may be fixed by the Court in accordance with the rules, if any, made by the State Government in that behalf; and, in default of such deposit, the prisoner may be released.”

[T.N. Act 19 of 1947].

CHAPTER VII
EMPLOYMENT OF PRISONERS

  1. Employment of civil prisoners. —(1) Civil prisoners may, with the Superintendent’s permission, works and follow any trade or profession.

(2) Civil prisoners finding their own implements, and not maintained at the expense of the prison, shall be allowed to receive the whole of their earnings; but the earnings of such as are furnished with implements or are maintained at the expense of the prison shall be subject to a deduction to be determined by the Superintendent, for the use of implements and the cost of maintenance.

  1. Employment of criminal prisoners. —(1) No criminal prisoner sentenced to labour or employed on labour at his own desire shall, except on an emergency with the sanction in writing of the Superintendent, be kept to labour for more than nine hours in any one day.

(2) The Medical Officer shall from time to time examine the labouring prisoners while they are employed, and shall at least once in every fortnight cause to be recorded upon the history-ticket of each prisoner employed on labour the weight of such prisoner at the time.

(3) When the Medical Officer is of opinion that the health of any prisoner suffers from employment on any kind or class of labour, such prisoner shall not be employed on that labour but shall be placed on such other kind or class of labour as the Medical Officer may consider suited for him.

STATE AMENDMENT

 Andhra Pradesh

In sub-section (1) of Section 35, for the words “nine hours” substitute the words “eight hours”.

[A.P. Act 23 of 1958].

  1. Employment of criminal prisoners sentenced to simple imprisonment. —Provision shall be made by the Superintendent for the employment (as long as they so desire) of all criminal prisoners sentenced to simple imprisonment; but no prisoner not sentenced to rigorous imprisonment shall be punished for neglect of work excepting by such alteration in the scale of diet as may be established by the rules of the prison in the case of neglect of work by such a prisoner.

CHAPTER VIII

HEALTH OF PRISONERS

  1. Sick prisoners. —(1) The names of prisoners desiring to see the Medical Subordinate or appearing out of health in mind or body shall, without delay, be reported by the officer-in-immediate-charge of such prisoners to the Jailer.

(2) The Jailer shall, without delay, call the attention of the Medical Subordinate to any prisoner desiring to see him, or who is ill, or whose state of mind or body appears to require attention, and shall carry into effect all written directions given by the Medical Officer or Medical Subordinate respecting alterations of the discipline or treatment of any such prisoner.

STATE AMENDMENTS

 Gujarat

Same as Maharashtra.

[Act 11 of 1960].

Maharashtra

In Section 37, —

(1) In sub-section (1), for the words “Medical Subordinate” substitute the words “Medical Officer”;

(2) In sub-section (2) —

(a)  for the words “Medical Subordinate”, where they occur for the first time, substitute the words “Medical Officer”;

(b)  delete the words “or Medical Subordinate”;                                                      [Bom. Act 45 of 1959].

  1. Record of directions of Medical Officer. —All directions given by the Medical Officer or Medical Subordinate in relation to any prisoner, with the exception of orders for the supply of medicines or directions relating to such matters as are carried into effect by the Medical Officer himself or under his superintendence, shall be entered day by day in the prisoner’s history-ticket or in such other record as the State Government may by rule direct, and the Jailer shall make an entry in its proper place stating in respect of each direction the fact of its having been or not having been complied with, accompanied by such observations, if any, as the Jailer thinks fit to make, and the date of the entry.

STATE AMENDMENTS

 Gujarat

Same as in Maharashtra.

[Act 11 of 1960].

Maharashtra

In Section 38 —

(1) Delete the words “or Medical Subordinate”;

(2) In the marginal note, for the word `Officers’ substitute the word `Officer.

[Bom. Act 45 of 1959].

  1. Hospital. —In every prison a hospital or proper place for the reception of sick prisoners shall be provided.

STATE AMENDMENTS

 Andhra Pradesh

Same as Tamil Nadu.

[A.P. Act 23 of 1958].

Madhya Pradesh

After Section 39 insert the following sections namely: —

   39-A. Power of superintendent to send a prisoner to hospital or asylum for special treatment. — (1) (Same as first sentence in Section 39-A of Tamilnadu).

(2) The period spent by the prisoner for such treatment in the hospital or asylum or in going thereto or return therefrom shall be deemed to be part of the period of his detention in the prison.

Explanation I. — Nothing contained in this section shall be deemed to affect the operation of Section 39 of the Prisoners Act, 1900, in cases to which that section applies.

Explanation II. — In this section “prisoner” means `a convicted criminal prisoner.

39-B. Punishment for escape or attempt to escape from hospital or asylum. —  (same as para 1 of Section 39-B in Tamil Nadu, except that after the words “send him”, the words “or cause him to be sent” are there in para 1.)

(2) Such punishment shall be in addition to the punishment for which the prisoners was liable for the offence of which he was already convicted.

“39-C. Provisions applicable to bonds referred to in Section 39A. — The provisions of Chapter XLII of Code of Criminal Procedure 1894 shall so far as may be, apply to bonds referred to in Section 39-A.

[M.P. Act 40 of 1961].

Tamil Nadu

After Section 39, the following Section shall be inserted, namely: —

“39-A. Power of Superintendent to send a prisoner to hospital or asylum for special treatment. — The Superintendent may, if in his opinion, a prisoner requires special treatment in a hospital outside the prison or in an asylum as defined in the Indian Lunacy Act, 1912′, send him to such hospital or asylum subject to the prisoner or any relative or friend of the prisoner executing such bond and abiding by such other conditions, if any, as the State Government may by rule or order prescribe. Any period during which the prisoner is undergoing treatment in such hospital or asylum or spent by him in going thereto or returning thereform shall be deemed to be part of the period of his atention in the prison.

Explanation I. — Nothing contained in this section shall be deemed to affect the operation of Section 30 of the Prisoners Act, 1900, in cases to which that section applies.

Explanation II. — In this section “prisoner” means `a convicted criminal prisoner’.

“39-B. Punishment for escape or attempt to escape from hospital or asylum. — If any prisoner dealt with under Section 39-A escapes or attempts to escape from the hospital or asylum to which he has been sent or when going thereto or returning therefrom he shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.

The punishment under this section shall be in addition to the punishment for which the prisoner was liable for the offence of which he was already convicted.

   “39-C. Provisions applicable to bonds referred to in Section 39A. — The provisions of Chapter XLII of the Code of Criminal Procedure, 1898, shall, so far as may be, apply to the bonds referred to in Section 39-A”.

[TN Act 14 of 1938 and 5 of 1940].

CHAPTER IX
VISITS TO PRISONERS

  1. Visits to civil and unconvicted criminal prisoners. —Due provision shall be made for the admission, at proper times and under proper restrictions, into every prison of persons with whom civil or unconvicted criminal prisoners any desire to communicate, care being taken that so far as may be consistent with the interests of justice, prisoners under trial may see their duly qualified legal advisers without the presence of any other person.

Discretion of authority  to allow under trial prisoners to meet with lawyer — Interference with discretion is not valid. Zoii Nath Sarmah and another v. State of Assam and others. 1992 Cri.L.J. 2072 = 1991 (2) Crimes 565 (Gau.)

  1. Search of visitors. —The jailer may demand the name and address on any visitor to a prisoner, and, when the Jailer has any ground for suspicion, may search any visitor, or cause him to be searched, but the search shall not be made in the presence of any prisoner or of another visitor.

CHAPTER X
OFFENCES IN RELATIONS TO PRISONS

  1. Penalty for introduction or removal of prohibited articles into or from prison and communication with prisoners. —Whoever, contrary to any rule under Section 59 introduces or removes or attempts by any means whatever to introduce or remove, into or from any prison, or supplies or attempts to supply to prisoner outside the limits of a prison, any prohibited article,

and every officer of a prison who, contrary to any such rule, knowingly suffers 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 outside the limits of a prison,

and whoever, contrary to any such rule, communicates or attempts to communicate with any prisoner,

and whoever abets any offence made punishable by this section,

shall, on conviction before a Magistrate, be liable to imprisonment for a term not exceeding six months, or to fine not exceeding two hundred rupees, or to both.

  1. Power to arrest for offence under Section 42. —When any person, in the presence of any officer of a prison, commits any offence specified in the last foregoing section, and refuses on demand of such officer to state his name and residence, or gives a name or residence which such officer knows or has reason to believe, to be false, such officer may arrest him, and shall without unnecessary delay make him over to a police officer, and thereupon such police-officer shall proceed as if the offence had been committed in his presence.
  2. Publication of penalties. —The Superintendent shall cause to be affixed, in a conspicuous place outside the prison, a notice in English and the Vernacular setting forth the acts prohibited under Section 42 and the penalties incurred by their commission.

STATE AMENDMENTS

Gujarat

Same as Maharashtra.

[Act 11 of 1960].

Madhya Pradesh

In Section 44, for the word “Vernacular”, substitute the words “Hindi in Devanagri script”.

[M.P. Act 40 of 1961].

Maharashtra

In Section 44 for the word “vernacular” substitute the words “regional language”.

[Bom. Act 23 of 1959].

CHAPTER XI
PRISON-OFFENCES

  1. Prison-offences. —The following acts are declared to be prison-offences when committed by a prisoner: —

(1) such wilful disobedience to any regulation of the prison as shall have been declared by rules made under Section 59 to be prison-offence;

(2) any assault or use of criminal force;

(3) the use or insulting or threatening language;

(4) immoral or indecent or disorderly behaviour;

(5) contumaciously refusing to work;

(6) contumacisously refusing to work;

(7) filing, cutting, altering or removing handcuffs, fetters or bars without due authority;

(8) wilful idleness or negligence at work by any prisoner sentenced to rigorous imprisonment;

(9) wilful mismanagement of work by any prisoner sentenced to rigorous imprisonment;

(10) wilful damage to prison-property;

(11) tampering with or defacing history-tickets, records or documents;

(12) receiving, possessing or transferring any prohibited article;

(13) feigning illness;

(14) wilfully bringing a false accusation against any officer or prisoner;

(15) omitting or refusing to report, as soon as it comes to his knowledge, the occurrence of any fire, any plot or conspiracy, any escape, attempt or preparation to escape, and any attack or preparation fro attack upon any prisoner or prison official; and

(16) conspiring to escape, or to assist in escaping, or to commit any other of the offences aforesaid.

  1. Punishment of such offences. —The Superintendent may examine any person touching any such offence, and determine thereupon, and punish such offence by —

(1) a formal warning;

Explanation. — A formal warning shall mean a warning personally addressed to a prisoner by the Superintendent and recorded in the punishment-book and on the prisoner’s history-ticket;

(2) change of labour to some more irksome or severe form for such period as may be prescribed by rules made by the State Government;

(3) hard labour for a period not exceeding seven days in the case of convicted criminal prisoners not sentenced to rigorous imprisonment;

(4) such loss of privileges admissible under the remission system for the time being in force as may be prescribed by rules made by the State Government;

(6) imposition of handcuffs of such pattern and weight, in such manner and for such period, as may be prescribed by rules made  by the State Government;

(7) imposition of fetters of such pattern and weight, in such manner and for such period, as may be prescribed by rules made by the State Government;

(8) separate confinement for any period not exceeding three months.

Explanation. — Separate confinement means such confinement with or without labour as secludes a prisoner from communication with, but not from sight of, other prisoners, and allows him not less than one hour’s exercise per diem and to have his meals in association with one or more other prisoners;

(9) penal diet, — that is, restriction of diet in such manner and subject to such conditions regarding labour as may be prescribed by the State Government.

Provided that such restriction of diet shall in no case be applied to a prisoner for more than ninety-six consecutive hours, and shall not be repeated except for a fresh offence nor until after an interval of one week;

(10) cellular confinement for any period not exceeding fourteen days;

Provided that after each period of cellular confinement an interval of not less duration than such period must elapse before the prisoner is again sentenced to cellular or solitary confinement.

Explanation. — Cellular confinement means such confinement with or without labour as entirely secludes a prisoner from communication with, but not from sight of, other prisoners;

(11) penal diet as defined in Clause (9) combined with cellular confinement.

(12) whipping, provided that the number of stripes shall not exceed thirty:

Provided that nothing in this section shall render any female or civil prisoner liable to the imposition of any form of handcuffs or fetters, or to whipping.

STATE AMENDMENTS

 Andhra Pradesh

In Section 46, —

(a)  in Clause (4) after the words “the remission system” insert the words “or furlough system”;

(b)  omit Clause (5);

(c)  in Clause (8), for the words “three months”, substitute the words “two months”;

(d)  omit Clause (12);

(e)  in the Proviso, omit the words “or to whipping or render any prisoner on hunger-strike liable to shipping”.                                                                                                   [A.P. Act 23 of 1958].

Assam

In Section 46 —

(1) omit Clause (12), and the words “or to whipping” appearing in the Proviso to the said section and substitute a full stop for the comma appearing after the word “fetter” in the said Proviso;

(2) add the following clauses after Clause (11), namely:

“(12) forfeiture of class, grade, or prison privileges for a period not exceeding three months;

(13) permanent or temproary reduction from a higher to a lower class or grade.

[Assam Act 12 of 1956].

Bihar

In Section 46 —

(i)  omit Clause (12);

(ii)  in the Proviso, omit the words “or to whipping”.                                   [Bihar Act 31 of 1956].

Gujarat

Same as in Maharashtra.                                                                                                       [Act 11 of 1960].

Himachal Pradesh

For Section 46 (4), substitute and deemed always to have been substituted as under: —

“(4) (a) temporary forfeiture of class, grade or prison privileges,

(b)  temporary or permanent reduction from a higher to lower class or grade,

(c)  such loss of privileges admissible under the remission system time being in force as may be prescribed by rules made by the State Government “.                                                        [H.P. 10 of 1974].

Madhya Pradesh

In Section 46, omit Clause (12), and the words “or to whipping” in the proviso thereto”.

[M.P. Act 40 of 1961].

Maharashtra

In Section 46 —

(a)  in Clause (4), for the words “the remission system”, substitute the words “the remission or furlough system”.

(b)  for Clause (5), substitute the following, namely: —

“(5) occlusion from the privilege of earning wages for a specified period;

(5-A) temporary or permanent reduction from a higher to lower grade or class, or forfeiture of the grade or class, or of all or specified prison privileges”.

(c)  omit Clauses (9) and (11);

(d)  omit Clause (12) and omit the words “or to whipping” from the proviso.

[Bomb. Act 27 of 1953 and 23 of 1959 and 39 of 1957].

Orissa

In Section 46, —

(a)  in clause (4) for the words “the remission system”, substitute the words “the remission or furlough system”.

(b)  after Clause (4) insert the following clause namely: —

“(4-a) temporary forfeiture of class, grade or prison privileges or temporary or permanent reduction from a higher to a lower class or grade.”

(c)  omit Clause (5).                                                             [Orissa Act 23 of 1956 and 29 of 1958].

Punjab, Haryana, Chandigarh

In Section 46, for Clause (4), the following shall be, and shall be deemed always to have been substituted, namely: —

“(4) (a) temporary forfeiture of class, grade or prison privileges,

(b)  temporary or permanent reduction from a higher to a lower class or grade.

(c)  such loss of privileges admissible under the remission system for the time being in force as may be prescribed by rules made by the State Government”.

[Punjab Act 37 of 1957, and Central 31 of 1966].

Tamil Nadu:

In Section 46, add at the end of the Proviso the words “or render any prisoner on hunger-strike liable to whipping”.

[T.N. Act 18 of 1947].

Uttar Pradesh

In Section 46 after Clause (4), insert the following clause, namely: —

“(4-A) forfeiture or reduction of grade, either temporarily or permanently, and temporary forfeiture of prison privileges”.

[U.P. Act 9 of 1958].

West Bengal

In Section 46 —

(a)  Clauses (5), (9) (11) and (12) shall be omitted;

(b)  at the end of the Proviso, the words “or to whipping” shall be omitted.

[West Bengal Act 22 of 1957].

Prison offence — Approving of by Sessions Judge — Opportunity to be given to prisoner — Order not proper where no opportunity was given. Keemet Singh v. Inspector General of Prisons, Chandigarh and others, 1994 Cri.L.J. 1884 = 1994(1) Crimes 425 (P & H)

  1. Plurality of punishment, under Section 46. —(1) Any two of the punishments enumerated in the last foregoing section may be awarded for any such offence in combination, subject to the following exceptions, namely: —

(1) formal warning shall not be combined with any other punishment except loss of privileges under Clause (4) of that section;

(2) penal diet shall not be combined with change of labour under Clause (2) of that section, nor shall any additional period of penal diet awarded singly be combined with any period of penal diet awarded in combination with cellular confinement;

(3) cellular confinement shall not be combined with separate confinement, so as to prolong the total period of seclusion to which the prisoner shall be liable;

(4) whipping shall not be combined with any other form of punishment except cellular or separate confinement and loss of privileges admissible under the remission system;

(5) no punishment will be combined with any other punishment in contravention of rules made by the State Government.

STATE AMENDMENTS

 Andhra Pradesh

In sub-section (1), omit Clause (4).

[A.P. Act 23 of 1958].

Assam

Same as in Andhra Pradesh.

[Assam Act 12 of 1956].

Bihar

Same as in Andhra Pradesh.

[Bihar Act 31 of 196].

Gujarat

Same as in Maharashtra.

[Act 11 of 1950].

Madhya Pradesh

In Section 47 (1) Clause(1) omit the words “Clause (4)”.

[M.P. Act 40 of 1961].

Maharashtra:

In Section 47 in sub-section (1) —

omit Clauses (2) and (4)                                                           [Bom. Act 23 of 1959 and 39 of 1957].

Orissa

In Clause (4) of Section 47 (1), for the words “the remission system”, substitute the words “the remission or furlough system”.

[Orissa Act 29 of 1958].

West Bengal

In sub-section (1) of Section 47, omit Clauses (2) and (4).

[West Bengal Act 22 of 1957].

  1. Award of punishments under Section 46 and 47. —(1) The Superintendent shall have power to award any of the punishments enumerated in the two last foregoing sections, subject, in the case of separate confinement for a period exceeding one month, to the previous confirmation of the Inspector General.

(2) No officer subordinate to the Superintendent shall have power to award any punishment whatever.

STATE AMENDMENTS

 Andhra Pradesh

After Section 48, insert the following section, namely: —

 “48-A. Punishment for breach of conditions of suspension or remission of sentence or of grant of furlough. — If any prisoner fails without sufficient cause to observe any of the conditions on which his sentence was suspended or remitted or furlough was granted to him, he shall be deemed to have committed a prison offence and the Superintendent may, after obtaining his explanation, punish such offence by —

(1) a formal warning as provided in Clause (1) of Section 46;

(2) reduction in grade if such prisoner has been appointed an officer of prison;

(3) loss of privileges admissible under the remission or furlough system; or

(4) loss of such other privileges as the State Government may by general or special order, direct”.

[A.P. Act 23 of 1958].

Gujarat

Same as in maharashtra.

[Guj. A.L. (8th Am.) O., 1961].

Maharashtra

Section 48-A Added same as that of Andhra Pradesh, except: —

(i)  after the word “furlough” where it occurs for the first time, insert the words “or release on parole”;

(ii)  after the word “furlough” where it occurs for the second time, insert the words “or parole”.                    Bom. Act 27 of 1953, and 23 of 1959].

Orissa

Section 48-A added same as that of Andhra pradesh except that the marginal note which is as follows: —

“Punishment for breach of conditions of suspension of sentence.”

[Orissa Act 29 of 1958].

  1. Punishments to be in accordance with foregoing sections. —Except by order of a Court of Justice, no punishment other than the punishments specified in the foregoing sections shall be inflicted on any prisoner, and no punishment shall be inflicted on any prisoner otherwise than in accordance with the provisions of those sections.
  2. Medical Officer to certify to fitness of prisoner for punishment. —(1) No punishment of penal diet, either singly or in combination, or of whipping, or of change of labour under Section 46, Clause (2), shall be executed until the prisoner to whom such punishment has been awarded has been examined by the Medical Officer, who, if he considers the prisoner fit to undergo the punishment, shall certify accordingly in the appropriate column of the punishment-book prescribed in Section 12.

(2) If  he considers the prisoner unfit to undergo the punishment, he shall in like manner record his opinion in writing and shall whether the prisoner is absolutely unfit for punishment of the kind awarded, or whether he considers any modification necessary.

(3) In the latter case he shall state what extent of punishment he thinks the prisoner can undergo without injury to his health.

STATE AMENDMENTS

 Andhra Pradesh

In sub-section (1) of Section 50, omit the words “or of whipping”.

[A.P. Act 23 of 1958].

Assam

Same as in Andhra Pradesh.

[Assam Act 12 of 1956].

Bihar

Same as in Andhra Pradesh.

[Bihar Act 31 of 1956].

Gujarat

Same as in Maharashtra.

[Act 11 of 1960].

Madhya Pradesh

For sub-section (1) of Section 50, substitute the following: —

“(1) No punishment of penal diet, earlier singly or in combination, or of change of labour under Section 46, Clause (2) shall be executed until the prisoner to whom such punishment has been awarded, has been examined by the Medical Officer, who, if he considers the prisoner fit to undergo the punishment, shall certify according in the appropriate column of the punishment book prescribed in Section 12.”

[M.P. Act 12 of 1968].

Maharashtra

In sub-section (1) of Section 50 —

(a)  Omit the words “or of whipping”.                                                            [Bom. Act 39 of 1957].

(b)  Omit the words “of penal diet, either singly or combination, or”.

[Bom. Act 23 of 1959].

West Bengal

In sub-section (1) of Section 50, omit the words “of penal diet, either singly or in combination, or of whipping, or”.

[West Bengal Act 22 of 1957].

  1. Entries in punishment book. —(1) In the punishment book prescribed in Section 12 there shall be recorded, in respect of every punishment inflicted, in prisoner’s name, register number and the class (whether habitual or not) to which he belongs, the prison offence of which he was guilty, the date on which such prison offence was committed, the number of previous prison offences recorded against the prisoner, and the date of his last prison offence, and the punishment awarded, the date of infliction.

(2) In the case of every serious prison offence, the names of the witnesses proving the offence shall be recorded, and, in the case of offences for which whipping is awarded, the Superintendent shall record the substance of the evidence of the witnesses, the defence of the prisoner, and the finding with the reasons therefor.

(3) Against the entries relating to each punishment the Jailer and Superintendent shall affix their initials as evidence of the correctness of the entries.

STATE AMENDMENTS

Andhra Pradesh

For sub-section (2) of Section 51, substitute the following sub- section, namely: —

“(2) in the case of every serious prison-offence the names of the witnesses providing the offence shall be recorded.”

[A.P. Act 23 of 1959].

Assam

In sub-section (2) of Section 51, omit the words “in the cases of offences for which whipping is awarded” and the commas before these words and thereafter.

[Assam Act 12 of 1956].

Bihar

In sub-section (2) of Section 51, omit the beginning with “and, in the cases of offences” and ending with “with the reasons therefor”.

[Bihar Act 31 of 1956].

Gujarat:

(i)  Same as that of Maharashtra.[Act 11 of 1960].

Madhya Pradesh

For sub-section (2) of Section 51, substitute the following: —

“(2) In the case of very serious prison-offences, the name of the witnesses proving the offence shall be recorded.”

[M.P. Act 12 of 1963].

Maharashtra

(i)  In sub-section (2) omit the words beginning “and in the cases” ad reasons thereafter”.

(ii)  After Section 51, insert the following sections, namely: —

“51-A. Power to arrest without warrant person committing breach of conditions of suspension of sentence, etc. — If any condition on or subject to which a sentence has been suspended or remitted or release on parole or furlough 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 parole or furlough, 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 portion of his sentence.

51-B. Criminal liability for breach of condition of suspension of sentence, etc. — (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 parole or furlough 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 yeas or with fine which may extend to one thousand rupees, or with both.

(2) No Court shall take cognizance of an offence under this section except with the previous sanction of the State Government or the authority which granted suspension or remission of the sentence.”

[Bom. Act 23 of 1959].

West Bengal

Same as in Bihar.

[West Bengal Act 22 of 1957].

  1. Procedure on committal of heinous offence. —If any prisoner is guilty of any offence against prison-discipline which, by reason of his having frequently committed such offences or otherwise, in the opinion of the Superintendent, is not adequately punishable by the infliction of any punishment which he has power under this Act to award, the superintendent may forward such prisoner to the Court of the District Magistrate or of any Magistrate of the first class or Presidency Magistrate having jurisdiction, together with a statement of the circumstances, and such magistrate shall thereupon inquire into and try the charge so brought against the prisoner, and, upon conviction, may sentence him to imprisonment which may extend to one year, such term to be in addition to any term for which such prisoner was undergoing imprisonment when he committed such offence or may sentence him to any of the punishment enumerated in Section 46:

Provided that any such case may be transferred for inquiry and trial by the District Magistrate to any Magistrate of the first class and by a Chief Presidency Magistrate to any other Presidency Magistrate; and

Provided also that no person shall be punished twice for the same offence.

STATE AMENDMENTS

 Andhra Pradesh

Same as that of Tamil Nadu.

[T.N. Act 18 of 1947 and 23 of 1958].

Gujarat

Same as in Maharashtra.

[Act 11 of 1960].

Madhya Pradesh

In Section 52,

(a)  Omit the word “the District Magistrate or of” and “or Presidency Magistrate”;

(b)  Omit the provisions.[M.P. Act 40 of 1961].

Maharashtra

In Section 52 —

(a)  Omit the words “of the District Magistrate or”;

(b)  In he first Proviso, omit the words “by the District Magistrate or to any Magistrate of the First Class and”.[Bom. Acts 23 of 1951 and 23 of 1959].

Punjab: Haryana: Chandigarh

In Section 52, —

(a)  for the words “District Magistrate or of any Magistrate of the first class or Presidency Magistrate”, substitute the words “Chief Judicial Magistrate or any other Judicial Magistrate of the first class”; and

(b)  for the first proviso, substitute the following: —

“Provided that any such case may be transferred for inquiry and a trial by the Chief Judicial Magistrate to any other Judicial Magistrate of the first class.”

[Punj. Act 25 of 1964, and Central Act 31 of 1966].

Tamil Nadu

In Section 52, for the words and figures “sentence him to any of the punishments enumerated in Section 46”, substitute the words and figures “sentence him to any of the punishments to which he is liable under Section 46”.

[T.N. Act 18 of 1947].

  1. Whipping. —(1) No punishment of whipping shall be inflicted in instalments, or except in the presence of the Superintendent and Medical Officer or Medical Subordinate.

(2) Whipping shall be inflicted with a light ratan not less than half an inch n diameter on the buttocks, and in case of prisoners under the age of sixteen it shall be inflicted, in the way of school discipline, with a lighter ratan.

STATE AMENDMENTS

Andhra Pradesh

Section 53 omitted.

 [A.P. Act 23 of 1958].

Assam:

   Section 53 omitted.

[Assam Act 12 of 1956].

Bihar:

Section 53 omitted.

[Bihar Act 31 of 1956].

Gujarat:

Section 53 omitted.

[Act 11 of 1960].

Madhya Pradesh

Section 3 omitted.

[M.P. Act 40 of 1961].

Maharashtra

Section 53 omitted.

[Bom. Act 39 of 1957, omitted.

West Bengal

Section 53 omitted.

[West Bengal Act 22 of 1957].

  1. Offences by prison-subordinates. —(1) Every Jailer or officer of a prison subordinate to him who be guilty of any violation of duty or wilful breach or neglect of any rule or regulation or lawful order made by competent authority, or who shall withdraw from the duties of his office without permission, or without having given previous notice in writing of his intention for the period of two months, or who shall wilfully overstay any leave granted to him, or who shall engage without authority in any employment other than his prison-duty, or who shall be guilty of cowardice, shall be liable, on conviction before a Magistrate, to fine not exceeding two hundred rupees, or to imprisonment for a period not exceeding three months, or to both.

(2) No person shall under this section be punished twice for the same offence.

STATE AMENDMENT

 Madhya Pradesh

Omit sub-section (2).

[M.P. Act 40 of 1951].

CHAPTER XII

MISCELLANEOUS

  1. Extramural custody, control and employment of prisoners. —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 is 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.
  2. Confinement in iron. —Whenever the Superintendent considers it necessary (with reference either to the State of the prison or the character of the prisoners) for the safe custody of any prisoners that they should be confined in irons, may be, subject to such rules and instructions as may be laid down by the Inspector General with the sanction of the State Government, so confine them.
  3. Confinement of prisoners under sentence of transportation in irons. —(1) Prisoners under sentence of transportation may, subject to any rules made under Section 59, be confined in fetters for the first three months after admission to prison.

(2) Should the Superintendent consider it necessary, either for the safe custody of the prisoner himself or for any other reason, that fetters should be retained on any such prisoner for more than three months, he shall apply to the Inspector General for sanction to their retention for the period for which he considers their retention necessary, and the Inspector General may sanction such retention accordingly.

STATE AMENDMENTS

Bihar

In sub-section (1) of Section 57, for the word “transportation” substitute the words “imprisonment for life”.

[Bihar Act 31 of 1956].

Uttar Pradesh

In Section 57 for sub-section (1), substitute the following namely: —

“(1) The sentence of imprisonment for life shall be regarded as a sentence of rigorous imprisonment and the prisoners undergoing such sentence may, subject to any rules made under Section 59, be confined in fetters for the first three months after admission to prison”

[U.P. Act 11 of 1962].

West Bengal

Section 57 omitted.

[West Bengal Act 22 of 1957].

  1. Prisoners not to be ironed by Jailer except under necessity. —No prisoner shall be put in irons or under mechanical restriant by the Jailer of his own authority, except in case of urgent necessity, in which case notice thereof shall be forthwith given to the Superintendent.

STATE AMENDMENTS

 Andhra Pradesh

After Section 58 insert the following section, namely: —

   “58-A. Poser to release a prisoner on furlough. — The State Government or any authority empowered by it may release a prisoner on furlough in accordance with rules for the time being in force.”

[A.P. Act 23 of 1958].

Goa, Daman and Diu

After Section 58, insert the following: —

“58-A. Release of prisoners on parole. — The State Government or any authority empowered by it may release a prisoner on parole or furlough in accordance with such rules as may be made in this behalf.

“58-B. Surrender of prisoners on the expiry of the period of temporary release. — (1) Any prisoner released on parole or furlough shall surrender himself to the officer-in-charge of the prison from which he was released, on the expiry of the period of parole or furlough or at such earlier time as he may be directed by the State Government or any authority empowered by it in this behalf.

(2) Any prisoner who does not surrender himself as required by sub-section (1) or fails to comply with any other conditions upon which he is released, may be arrested by any police officer without a warrant, and shall be liable upon conviction to be punished with imprisonment of either description for a term which may extend to two years or to a fine which may extend to Rs. 1,000/- or both.”

[Goa, Daman and Diu Act 5 of 1968].

  1. Power to make rules. —[4][(1) The State Government may[5][by notification in the official Gazette] make rules consistent with this Act —

(1) defining the acts which shall constitute prison-offences;

(2) determining the classification of prison-offences into serious and minor offences;

(3) fixing the punishment admissible under this Act which shall be awardable for commission of prison-offences or classes thereof;

(4) declaring the circumstances in which acts constituting both a prison offence and an offence under the Indian Penal Code may or may not be dealt with as a prison-offence;

(5) for the award of marks and the shortening of sentences;

(6) regulating the use of arms against any prisoner or body of prisoners in the case of an outbreak or attempt to escape;

(7) defining the circumstances and regulating the conditions under which prisoner in danger of death may be released;

(8) for the classification of prisons, and description and construction of wards, cells and other places of detention;

(9) for the regulation by numbers length or character of sentences or otherwise, of the prisoners to be confined in each class of prisons;

(10) for the Government of prisons and for the appointment of all officers appointed under this Act;

(11) as to the food, bedding and clothing of criminal prisoners and of civil prisoners maintained otherwise than at their own cost;

(12) for the employment, instruction and control of convicts within or without prisons;

(13) for defining articles the introduction or removal of which into or out of prisons without due authority is prohibited;

(14) for classifying and prescribing the forms of labour and regulating the periods of rest from labour;

(15) for regulating the disposal of the proceeds of the employment of prisoners;

(16) for regulating the confinement in fetters of prisoners sentenced to transportation;

(18) for regulating the confinement of convicted criminal prisoners under Section 28;

(19) for the preparation and maintenance of history-tickets;

(20) for the selection and appointment of prisoners as officers of prisons;

(21) for rewards for good conduct;

(22) for regulating the transfer of prisoners whose term of transportation or imprisonment is about to expire; subject, however, to the consent of the State Government of any other State to which a prisoner is to be transferred;

(23) for the treatment, transfer and disposal of criminal lunatics or recovered criminal lunatics confined in prisons;

(24) for regulating the transmission of appeals and petitions from prisoners and their communications with their friends;

(25) for the appointment and guidance of visitors or prisons;

(26) for extending any or all of the provisions of this Act and of the rules thereunder to subsidiary jails or special places of confinement appointed under [6][Section 541 of the Code of Criminal Procedure, 1882, (10 of 1882)] and to the officers employed, and the prisoners confined, therein;

(27) in regard to the admission, custody, employment, dieting, treatment and release of prisoners; and

(28) generally for carrying into effect the purposes of this Act.

STATE AMENDMENTS

 Andhra Pradesh

For Clause (5) of Section 59, substitute the following clause, namely: —

“(5) for the award of marks, granting remission or furlough, determining the conditions on which and the authority by which such remission or furlough shall be granted and the consequent shortening of the sentence.”

[A.P. Act 23 of 1958].

Assam

In Section 59, for sub-section (5), substitute as under: —

“(5) For the award of marks, the suspension or remission and consequent shortening of sentences, and the grant of lease or emergency release and determining the conditions on which and the authority by which the sentences may be suspended or remitted and the prisoner may be granted leave or emergency release”.

[Assam Act 1 of 1968].

Bihar

In Section 59, —

(i)  in Clause (16) for the word “transportation” substitute the words “imprisonment for life”; and

(ii)  in Clause (22) omit the words “transportation or.[Bihar Act 31 of 1956].

Goa, Daman and Diu

In Section 59, insert the following at the end: —

“(29) for release on parole or furlough and determining the conditions on which and the authority by which prisoners may be released on parole or furlough.

(30) All rules made under this section shall be laid on the table of the legislative Assembly as soon as may be, after they are made and shall be subject to such modifications as the Assembly may make during the Session in which they are laid or the one immediately following.”

[Goa, Daman and Diu Act 5 of 1968].

Gujarat

Same as in Maharashtra.

[Act 11 of 1960].

Kerala

In Section 59after the words “the State Government may make rules consistent with this Act” insert the words “either prosecutively or retrospectively”.

[Kerala Act 10 of 1976].

Maharashtra:

In Section 59, for Clause (5) substitute the following clause, namely: —

“(5) for the award of marks, the suspension, or remission and consent shortening of sentences, and the grant of release on parole or furlough and determining the conditions on which and the authority by which the sentences may be suspended or remitted and the prisoners may be released on parole or furlough.

[Bom. Act 23 of 1959].

Orissa

For Clause 5 of Section 59 substitute the following clause, namely: —

“(5) for the award of marks, granting remission or furlough, determining the conditions on which and the authority by which such remission or furlough shall be granted and the consequent shortening of the sentence.”

[Orissa Act 29 of 1958].

West Bengal

In Section 59 —

(a)  Clause (16) shall be omitted;

(b)  in Clause (22) omit the words “transportation or”.[West Bengal Act 22 of 1957].

Comments

Actual imprisonment undergone includes period undergone as undertrial prisoner. Prahlad Dnyanoba Gajbhiye v. State of Maharashtra and another. 1994 Cri.L.J. 2555 = 1994 Mah LJ 1584 (Bom).

  1. [Power of Local Government to make rules.] Omitted by the Government of India (Adaptation of Indian Laws) Order, 1937).
  2. Exhibition of copies of rules. —Copies of rules, under Section 59 so far as they affect the Government of prisons shall be exhibited, both in English and in the Vernacular, in some place to which all persons employed within a prison have access.

STATE AMENDMENTS

 Gujarat

Same as in Maharashtra.

[Act 11 of 1960].

Madhya Pradesh

In Section 61, for the words “both in English and in Vernacular, in some place to which all persons employed within a prison have accessee, substitute the words “both in English and in Hindi in Devanagri script, in some conspicuous place and to which all persons employed within a prison have access.

[M.P. Act 40 of 1961].

Maharashtra

In Section 61 for the word `Vernacular’ substitute the words `regional language’.

[Bom. Act 23 of 1959, Section 3 (w.e.f. 1.6.1959].

  1. Exercise of powers of Superintendent and Medical Officer. —All or any of the powers and duties conferred and imposed by this Act on a Superintendent or Medical Officer in his absence be exercised and performed by such other officer as the State Government may appoint in this behalf either by name or by his official designation.

THE SCHEDULE. — [Enactments Repealed.] Rep. by the Repealing Act, 1938 (1 of 1938).

 ___________________________

[1] See the relevant provisions of the Code of Criminal Procedure, 1973 (2 of 1974).

[2] See the relevant provisions of the Code of Criminal Procedure, 1973 (2 of 1974).

[3] See now the Prisoners Act, 1900 (3 of 1900).

[4] Re-numbered as sub-section (1) thereof, by Act No. 4 of 1986, (w.e.f. 15-5-1986).

[5] Ins. by Act No. 4 of 1986 (w.e.f. 15-5-1986).

[6] Now the Criminal Procedure Code, 1973

OFFICE TIMINGS
Monday to Saturday 10:00 am to 06:00 pm.
Sundays and Holidays Reserved for urgent & prior appointments.

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