Prisoner

Delhi Prisons (Prisoners Property, History Ticket, Civil Prisoners, Unconvicted prisoners, Judicial Solitary confinement, Cells and Treatment Therein) Rules, 1988.

Published vide in Delhi Gazette, Extra ordinary Part 4 No. 76, dated 18th April, 1988 vide notification No. F. 9 (75)/87-Home (General)/7), in exercise of the powers conferred under Clause (8), (11), (19), and (27) and 28 of Section 59 read with section 51 of the Prisons Act, 1894 (9 of 1894) by the Administrator of the Union Territory of Delhi.

1. Short title and commencement. – (1) These rules may be called the Delhi Prisons (Prisoners’ property, history ticket, civil prisoners, unconvicted prisoners, judicial solitary confinement, cells and treatment therein) Rules, 1988.
(2) They shall come into force at once.

I. Prisoners’ Property

2. List of property to be attached to warrant. – (1) A list of all money, clothing or other property removed from each convict on admission to jail shall be attached in each case to the prisoner’s warrant.
(2) The property of civil prisoners shall be entered in the civil prisoners’ admission register.
(3) All additions, erasures or alterations to be list of any prisoner’s property shall be initialed by the Deputy Superintendent.
(4) All action taken by the Deputy Superintendent in regard to the prisoner’s property shall be endorsed by the Superintendent subsequently.
3. List of property to read over. Every entry to be attested. – (1) Every prisoner shall, as soon as possible, after his first admission to Jail have read over to him, in the presence of the Deputy Superintendent, a list of all property of whatever description which was removed from the person of or received with such prisoner at the time of his admission.
(2) If the prisoner acknowledges the correctness of the list—the fact that he does so—and if the prisoner makes any objection to any entry in or to the omission of any article from the list— the nature of the objection—shall be noted on the list.
(3) If the prisoner can write, he shall be required to sigh the list in token of the correctness thereof and of the objections (if any) noted thereon.
(4) The Deputy Superintendent shall attest every entry in the list by initialing the same.
Note: When such property is made over by an official receiving it to another official, the receipt of the latter official will be taken in Register No. 1, 2 or 3 as the case may be and all such property shall with the exception of clothing be kept in charge of the Deputy Superintendent.
4. Property to be registered when exception may be mad. – (1) All property received with or found on the person of a prisoner on his admission to jail, or subsequently sent by the Magistrate on his account shall be received by the Jail authority.
(2) Property tendered by the friends or relatives of any prisoner, on his behalf either at the time of such prisoner’s admission to the jail or subsequently may in the discretion of the Superintendent, be either received or refused.
5. Property received after admission to be entered in list. – When any property is, after the admission of any prisoner to the jail, received by the Superintendent on his behalf, such property shall be entered in the list of property belonging to such prisoner in the manner prescribed in the case of property taken from or received with the prisoner at time of his admission to the jail.
6. Treatment of the property of prisoners. – Prisoners’ property shall be dealt with in accordance with the following provisions, namely :
(1) Such articles as are, in the opinion of the Deputy Superintendent, of a perishable nature or are likely to deteriorate by keeping or to involve expenditure in the keeping, shall, unless, with the consent of the prisoner to whom they belong, they are made over to any relative or friends of such prisoner, be sold and the sale-proceeds thereof be credited to the prisoners account and a note to that effect made be in the list of the property of such prisoner and attested by the Deputy Superintendent.
(2) If, by reason that any prisoner is, at the time of his admission to the jail or at any subsequent time, suffering or likely to suffer from any contagious or infectious disease, or on other sanitary grounds, the Medical Officer shall certify that any articles of clothing or bedding or the like, belonging to any prisoner, shall be destroyed, the Deputy Superintendent shall cause the same to be forthwith destroyed accordingly and a note to that effect be made in the list of the property of such prisoner, and shall attest the note so made.
(3) If any article of clothing or bedding or the like belonging to any prisoner is in the opinion of the Deputy Superintendent in such a damaged or filthy state as not to be worth keeping, or fit to be sold, he shall cause such articles to be forthwith destroyed and a note to that effect to be made in the list of the property of such person and shall attest the note so made.
(4) The clothing of every prisoner sentenced to a substantive term of rigorous imprisonment of three years or more shall, if not liable to be destroyed under the preceding provisions of this rule, on the confirmation of the prisoner’s sentence or if no appeal is made, on the expiration of the time allowed for appealing be sold and note to that effect be made in the list of the property of such prisoner, and be attested by the Deputy Superintendent.
(5) Subject to the preceding provisions of this rule, the property (other than property in regard to which ally special provision is here-in-after made) of every prisoner, the term of whose substantive sentence of imprisonment is less than three years, shall be carefully parked, stored and kept
(6) The jewellery, trinkets, securities and other valuables (if any) of every prisoner shall be placed in a separate packets and the prisoners’ register number, name and the date of sentence shall be endorsed thereon. Every such packet shall be kept in the jail cash-chest.
(7) Money which is the property of prisoners (including the sale-proceeds of any article sold), shall subject to any directions which the Inspector General may from time to time give in that behalf, be kept in the jail cash-chest and shall be deposited in the Bank on deposit at cell from time to time.
(8) Every prisoner shall be allowed to retain one pair of shoes and chaples for use in jail. Prisoners shall be allowed to retain a comb.
(9) Sikhs shall be allowed to retain Kara (iron bangle). Hindus who wear sacred thread may retain it when confined in a jail.
7. Clothing to be attached to bundles and fabelled. – (1) The clothing belonging to any prisoner retained in the jail under the provision of clause (e) of he preceding rule shall be first thoroughly worked and slicked into a bundle before being stored.
(2) Every bundle shall be labelled with the number, name and date of sentence of the prisoner and arranged in the Prisoner’s property godown according to the month of sentence.
8. Disposal of money, the property of prisoners. – (1) The cash property of the prisoners shall be made over to them on release, or which for other reasons is disposed of, shall, during any month, be paid by the Deputy Superintendent from the cash property of prisoners received during the same month.
(2) Should the cash received be in excess of that disbursed the balance shall be remitted into the treasury at the close of the month, but if the disbursements are in excess of the receipts at any time, the difference shall be paid from the permanent advance, which shall be recouped by the withdrawal of a similar sum, when the month closes, from the prisoners’ cash account in the treasury.
(3) The receipt and disposal of all money belonging to prisoners shall be entered by the Deputy Superintendent in the cash-books and when articles belonging to prisoners have been sold the amount realised by the’ sale shall also be entered in the memorandum of property attached to prisoner’s warrant, with the date of entry.
(4) The Superintendent shall occasionally satisfy himself that the amount of cash lodged in the treasury to the credit of prisoners, corresponds with the amount shown in the Deputy Superintendent cash-book, under the same head.
9. Disposal of property on transfer of a prisoners. – On the transfer of a prisoner from one jail to another, all his money and other property shall be sent to the jail to which he is transferred.
10. Disposal of clothing of certain prisoner on transfer. – The clothing of every prisoner sentenced to three years shall, whenever possible be disposed of as laid down in clause (d) of rule 6 before the prisoner is transferred to any other jail.
11. Property tendered for certain prisoners not to be received. – Property tendered at a jail on behalf of a prisoner already transferred to another jail, shall not be accepted but the person who tenders the property shall, if he so desires, be informed of the jail to which the prisoner has been transferred, so that he may sent the property to him.
12. Property may be made over to a relative or friend. – The Superintendent may at the request or with the consent of a prisoner at any time make over the whole or any part of the money or other property belonging to such prisoner which may be in the keeping of the Superintendent to any person, (not being a prisoner), whom such prisoner may be specified :
Provided that the Superintendent may withhold and retain so much of the money or other property of such prisoner as he may think necessary for the purpose of providing such prisoner with sufficient clothes and money, upon his release.

13. Disposal of forbidden articles found on prisoners. – Any prohibited articles found on any prisoner after his admission into any jail shall be confiscated, and all money so confiscated and all money realised from the sale of any article so confiscated, shall be credited to the Government under proper head :
Provided that the Superintendent may award any sum, not exceeding one-half of any money or of the sale-proceeds of any property so confiscated, to any person concerned in the finding or discovery thereon,

14. Disposal of the property of an escaped prisoner. – The money and other property of every prisoner who escapes, shall be retained at the jail from which he effected his escape for one year after the date of his escape, if the prisoner is not recaptured within that period, his money and other property (if any), shall be made over III the police as being unclaimed property.
15. Property of deceased prisoner. – The money and other property of deceased prisoners shall, unless claimed by a person holding succession certificate, probate or letters of administration entitling him to receive it, be made over to the police of being unclaimed property.
Note: When a prisoner dies, notice of his death should be sent to the District Magistrate of the district to which he belongs and within one month no person duly authorised to receive the property under the condition laid down to lodge claim to it, such property snail then be made over to the Police.
16. Procedure when forwarding unclaimed property. – (1) With the property made over to the police under the preceding rule, a descriptive roll of the deceased prisoner and a certified copy of the record of such property shall be forwarded.
(2) Any wish expressed by a dying prisoner as to the disposal of his property, shall be made known to the police to whom the property is made over.
(3) A receipt should be obtained for all unclaimed property made over to the police.

II. History Tickets

17. History ticket—the preparation and maintenance. – (1) Every prisoner shall, immediately on his reception into jail, be provided with a history-tickets which shall be maintained in the manner hereinafter provided, throughout the period during which such prisoner remains in confinement.
(2) Every history-ticket shall contain the following particulars, namely :
(a) the name, date of admission, prison number and other particulars necessary for the identification of the prisoner; offence committed, police station, name of the trial court, next date for production of the prisoner in the court etc.

(b) a brief entry of every order passed and direction given relating to, and punishment inflicted on, the prisoner ; and ,

(c) A brief record of every other occurrence of any importance affecting the prisoner, which takes place while he remains in confinement.

(3) The history ticket of every convict shall contain the following further particulars, namely,;
(a) the nature of the offence of which he had been convicted and the provision of the law applicable thereto ; and

(b) the date, nature and extent of the sentence passed.

(4) Every entry made on the history-tickets shall be so made at the time of, or as soon as possible after, the occurrence of the event to which it relates, and shall be dated and initialled by the officer who makes it.
(5) Subject to the requirements of this rule the Inspector General may from time to time, prescribe the form of history tickets,

18. Entries by the Medical Officer in history-tickets. – (1) In the heading of the history-ticket of every prisoner the Medical Officer shall enter on admission of the prisoner:
(a) the prisoner’s weight on admission ;

(b) his state of health ;

(c) the class of labour for which he is fit, if sentenced to labour, and

(d) nature of injury on the person of the, prisoner found to be injured at the time of admission with M.L.C.

(e) whether he is a drug addict.

(2) He shall also subsequently enter—
(a) admission to and discharge from hospital on every occasion, with the disease for which admitted, and

(b) admission to sand discharged from the convalescent gang.

(3) The Medical Officer shall himself enter such other directions or recommendations as he may from time to time consider necessary for the maintenance of the health of the prisoner.

19. Particulars to be entered and the officer to enter them. – On the history ticket of every prisoner shall be entered, as far as such entries may be applicable by the Deputy Superintendent or Medical Officer or by officers authorised by them.
(a) the date of admission into jail ;

(b) the number and name of every article’ of clothing and equipment, issued on admission and subsequently ;

(c) the particular work and task in weight, number or measurement, to which the prisoner is put ;

(d) every change of work or task on other than medical grounds;

(e) any complaint made by the prisoner of sickness or report of his sickness ;

(f) the action taken on any direction or recommendation of the Medical Officer;

(g) application for a copy of judgment, if the prisoner desires to appeal;

(h) receipt of the copy of judgment;

(i) substance of the order of the appellate court;

(j) despatch of appeal;

(k) the fact of an appeal not having been made before the expiration of the term allowed for appealing ;

(l) the amount of remission awarded monthly ;

(m) the total remission in day earned upto the end of each month ;

(n) every prison offence alleged to have been committed ;

(o) every interview allowed and the receipt or despatch of private letters;

(p) despatch to a Court, or transfer, discharge, escape or death ;

(q) any recommendation of the Factory Manager or the Deputy Superintendent;

(r) action taken on any order entered by the Superintendent;

(s) the monthly weightants

(t) the number of the cell in which placed on account of warrant of confinement;

(u) the total confinement undergone on warrant on each occasion of removal from cell after such confinement;

(v) particulars of the duties assigned to convict-officers.

Note: No adverse entry shall be made in History-ticket of a prisoner without the specific orders of the Superintendent.

20. Entries to be made by the Superintendent. – On the history-ticket of every convict, the Superintendent or on his direction the Deputy Superintendent shall record :—
(a) any special order he may have to give relating to any prisoner e.g. the imposition or removal of fetters, permission to hold an interview or write a letter, separation by night etc.;

(b) the award of every punishment given after giving due hearing to the prisoner;

(c) sanction for employment on extramural work ;

(d) promotion to the grade of convict-watchman, convict overseer or convict warder; and

(e) the award of special remission.

21. Custody and Management of History-Ticket. – The history-ticket of each prisoner shall be kept in a proper receiptable by the convict-officer in whose charge the prisoner is placed, and shall be produced by him whenever required by any officer of the jail, so to do it shall jgp-fflith-ihs.. prison ej ^ whenever he is transferred from one gang to another, or from one kind or place of work to another or is sent to hospital. At the weekly parades, each prisoner shall hold his ticket in his hand for inspection. The history-ticket shall be produced, with the prisoner, whenever he is reported for an offence, or is brought before the Superintendent or Medical Officer for any reason.

Note: At weekly inspections and during interviews the tickets will be issued to prisoner just before, and removed immediately after, the advent of the Superintendent.

22. Retention of history-ticket after release or death. – The history-ticket of every prisoner shall be retained in the safe custody —
(a) in the event of his escape or release for one year; and

(b) in the event of his death—for two years, after such event occurs.

(c) in the event of release on bail for a year after the result of appeal is known.

III. Civil Prisoners

23. Power of Collector. – Only a Collector can commit a revenue defaulter to jail
24. Civil prisoners to be confined in the separate part of jail. – Civil prisoners may be detained in a portion of the jail specially set apart for use as a ward for such prisoners.
25. Visitors. – Visitors appointed to a jail established at any place for the confinement of criminal prisoners, shall be deemed to be visitors for civil prisoners.
26. 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 source 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.
27. Diet of certain civil prisoners and permission to cook. – (1) Civil prisoners who are supplied with prison diet, shall unless the scale of subsistence allowance (if any) permits of a more liberal scale, be provided with diet on the ordinary scale prescribed in respect of convicts who are not subjected to labour. Their food shall be prepared in the convict cook-house, and cooked and served by cooks.
(2) Civil prisoners who are not provided with prison diet,. shall be permitted to cook their own food at places provided for the purpose.
28. Subsistance allowance. – The Administrator may fix scales of monthly allowances payable for the subsistances of judgment debtors as required in section 57 of the Code of Civil Procedure, 1908.
29. Supply of food to civil prisoners when subsistance allowance is provided. – (1) Every civil prisoner for whom a subsistance allowance is provided, may be supplied with food, clothing, bedding and other necessaries by his friends at such hours as the Superintendent may from time to time fix in that behalf.
(2) When any such prisoner is not supplied with food by his friends, the Deputy Superintendent shall supply him with good and wholesome food according to the prisoner’s own choice, provided the daily cost does not exceed the daily subsistance allowance received on account of such prisoner. If the daily cost of food is less than the sum allowed, the balance shall be made-over to the prisoner on his release.
30. Articles to be delivered to the Dy. Supdt. and to be examined. – Every article of every kind whatsoever at any time supplied for the use of any civil prisoner shall be delivered to the Deputy Superintendent or other officer appointed by the Superintendent in that behalf and shall be examined before it is made over to the prisoner, and any such article may for any sufficient reason, be withheld, by the Superintendent from such prisoner.
31. Articles through whom purchase. – All articles purchased for prisoner, otherwise than from jail suppliers shall be purchased through the orders of the Deputy Superintendent.
32. Monthly allowance fixed by the Court to whom to be paid. – (1) Where a judgment-debtor is committed to a civil prison in execution of a decree, the Court shall fix for his subsistance such monthly allowance as may be entitled to according to the scales fixed by the Administrator under rule 28, read with section 57 of the Code of Civil Procedure, 1908, PS where no such scales have been fixed as it considers sufficient with reference to the class to which he belongs (see order XXI, rule 39 of the C.P.C. 1908).
(2) The monthly allowances fixed by the court shall be supplied by the parry on whose application the judgment-debtor has been arrested by monthly payments in advance before the first. day of each month.
(3) The first payment shall be made to the proper officer to the court for such portion of the current month as remains un-expired before the judgment-debtor is committed to civil prison and the subsequent payments (if any) shall be made to the officer in charge of the prison.
(4) Sums disbursed by the decree-holder for the subsistence of the judgment-debtor in the civil-prison shall be deemed to be costs in the suit.

Note 1: The monthly allowance under clause (2) shall, when received by the jail be credited to the Government and the receipt attached to the detailed contingent jail for the month. The amount so credited will be drawn on an abstract bill when required: Amount disbursed on behalf of judgment debtor in respect of supplies from stock, purchased from bazar, and balance paid to the decree-holder, shall be recorded in the Contingent Register and shown in Voucher attached to the Detailed Contingent bill for the month.

Note 2: If the judgment creditor omit to pay allowance the prisoner shall be released on the forms of the day for which no allowance is made.

33. Supply of furniture and appliances. – (1) As Government only provides subsistance allowance at certain rates for civil prisoners such articles of furniture and appliances as are absolutely necessary, shall be supplied by the jail.
(2) Every civil prisoner is at liberty to supplement at his own expense, the food, furniture and appliance allowed to him by the superintendent.
34. Extradict for civil prisoners how to be charged. – If any extra articles of diet are ordered by the Medical Officer for a Civil prisoner, on medical grounds, any excess of expenditure over and above what can be met by the daily subsistance allowance, shall be paid by Jail administration.
35. Return of property to decree-holder. – Articles of clothing and bedding etc. supplied to a civil prisoner at the expense of the decree .holder shall be removed from the prisoner at the time of his release and returned to the decree-holder. If such articles remain unclaimed for two months, they will be sold and their sale proceeds shall be deposited into the Government account.
36. The question of labour and subject to prison discipline. – (1) No civil prisoner shall be compelled to labour.
(2) Save as provided in clause (1) of this rule and in section 31 and the proviso to section 46 of the Prisons Act 1894, every civil prisoner shall in regard to discipline, be subject to all rules providing for the discipline of unconvicted criminal prisoners.

IV. Un-Convicted Criminal Prisoners

37. Maintenance from private sources. – 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.
38. Restriction on the transfer of food and clothing. – No part of any food, clothing, bedding or other necessaries belonging to any unconvicted criminal prisoner shall be given, hired or sold to any other prisoner; and any prisoner transgressing the provisions of this Rule shall blare the privilege of purchasing food for receiving it from private sources for such time as the Superintendent thinks proper.
39. Supply of clothing and bedding. – Every unconvicted 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.
40. Supply of food to unconvicted criminal prisoners. – (1) Every unconvicted criminal prisoner, may unless in any case the Superintendents otherwise directs be supplied with food, clothing, bedding and other necessaries by his friends at such hours as the Superintendent may from time to time fix in that behalf.
(2) Every article supplied under sub-rule (1) shall:—
(a) be delivered to the Deputy Superintendent or other officer appointed by the Superintendent for that purpose, and

(b) be examined, before it is made over to such prisoner, either by the Medical Officer or para-medical staff authorised by him to do so.

41. Certain articles not to be given without permission. – No article shall be given to any unconvicted criminal prisoner, if it is injurious to health or considered undesirable by the Superintendent.
42. Purchase of articles. – All articles purchased for any unconvicted criminal prisoner other than those issued from jail-supplier shall be purchased through or under the orders of the Deputy Superintendent.
43. Privilege of purchasing food may be withheld. – (1) If any article that is injurious or prohibited, is found concealed in any food or other thing supplied to an unconvicted criminal prisoner by his friends, the privilege of being allowed to purchase or obtain food from private source shall be withdrawn.
(2) The Superintendent may for any sufficient reason refuse to allow the purchase for or delivery to an unconvicted prisoner, of any article which he considers to be unnecessary or unsuitable.
44. Supply of jail diet to unconvicted prisoners and conditions for. – An unconvicted criminal prisoner who does not maintain himself shall be supplied with food at the expense of jail administration. Such food shall be prepared in the convict cook-house and cooked and served by convict-cooks.
45. Unconvicted prisoners may follow a trade and receive the earnings. – (1) Unconvicted criminal prisoner may, with the Superintendent’s permission, maintain themselves by working at any trade or profession.
(2) An unconvicted criminal prisoner finding his own implements and not maintained at the expense of the jail shall be allowed to receive the whole of his earnings but the earnings of such as are furnished with implements or are maintained at jail expenses, shall be subject to a deduction to be determined by the Superintendent, for the use of implements and the cost of maintenance.
46. Duty of Officers to report previous conviction. – It is the duty of every officer of jail when it comes to his knowledge that an unconvicted criminal prisoner has been previously convicted, to report the matter to the Superintendent. Such information as is forthcoming, should be reported to the Police Department.
47. Unconvicted prisoner may be kept separate. – Any special directions as to the separation of an unconvicted criminal prisoner, given by the Magistrate should be carried out. Such separation should be unaccompanied by any irksome conditions beyond those that are necessary to secure the object in view, namely, to prevent his communicating directly or indirectly with other prisoners concerned in the same case.
48. Unconvicted prisoners not to alter their appearance. – Unconvicted prisoners shall not be allowed to have their hair cropped or in any other way to alter their personal appearance so as to make it difficult to identify them. Prisoners who have been more than a month in jail flay, however, if they desire it, have their hair cut to the length it was when they were admitted.
49. Conveyance of unconvicted prisoners to court. – (1) On the date fixed on the warrant of a prisoner committed to trial, or on the receipt of an order the unconvicted prisoner concerned shall be placed in the custody of the police for conveyance to court.
(2) Articles of clothing brought to jail by an unconvicted prisoner shall be entered in the appropriate column of Register No. 1.
(3) An Unconvicted prisoner should not be handcuffed on his way to and from the jail to the Court-house, unless the officer in charge of the Court decides to handcuff him owing (a) to his being a man who is likely to attempt to escape, or (b) a man who, owing to the existence of local feeling or other circumstances, is likely to be the subject of an attempt at rescue or (c) on some sufficient ground to be stated by Police as per law.
50. Notice of discharge or release on bail. – If an unconvicted prisoner is discharged in Court or released on bail while attending court and a notification of the fact is not received the same day, the Superintendent shall, without delay, call the attention of the court to the matter. If the prisoner faces trial in more than one case in other courts, the Superintendent shall bring the facts to the notice of the Court in which the prisoner is presented.
51. Weight of unconvicted prisoners on release. – The weight of every unconvicted prisoner on release shall be recorded in the register of unconvicted prisoners. When such prisoner is released in Court, the last weighment recorded on the history-ticket, shall be taken as the weight on release.
52. Monthly list to be sent to the District Magistrate. – The Superintendent shall submit monthly to the District Magistrate a list giving the names and other necessary particulars of all unconvicted prisoners other than those committed to Sessions, who have been detained in jail for more than thirty days since their first admission.
53. Serious illness of an unconvicted prisoner. – Whenever an unconvicted prisoner is seriously ill, the Superintendent shall report the circumstances to the Magistrate engaged in the case or, if the prisoner is awaiting trial before the Sessions Court, to the Sessions Judge, in order that if the’ law permits and the court thinks proper, the prisoner may be released on bail,
54. Notice of death be sent to court. – Notice of the death of every unconvicted prisoner shall be sent as soon as possible after the occurrence to the Court under whose authority such unconvicted prisoner was detained.
55. Unconvicted prisoner to remain neat and clean. – An unconvicted prisoner is not required to labour but he shall keep himself, his ward and yards neat and clean.

V. Judicial Solitary Confinement

56. Condition to be complied with in executing sentences of solitary confinement. – (1)
(a) When a prisoner is placed in a cell. the number of the cell should be given in the history-ticket against the entry.

(b) The total confinement undergone on warrant should be shown in the history-ticket at a separate entry on each occasion the prisoner is removed from such confinement.

(c) On the discharge of prisoner from jail, an entry should be made in Register No. 2 showing the total amount of solitary confinement undergone as per warrant.

(2) No prisoner should be placed in solitary confinement until the Medical Officer certifies on the history-ticket that he is fit to undergo it.
(3) Prisoners sentenced to solitary confinement should ordinarily divided into four gangs; each gang should be placed in cells for a week at a time, so as to utilise the cells to be fullest extent and at the same time comply with the requirements of sections 73 and 74 of the Indian Penal Code, 1860.
(4) A prisoner, who is unfit at the time he would ordinarily be confined, should be placed in a cell at a subsequent date if the conditions imposed by section 74 of the Indian Penal Code allow it.
(5) The execution of a sentence of solitary confinement need be postponed on account of an appeal having been lodged.
(6) Every prisoner undergoing solitary confinement shall be visited daily by the Medical Officer.
(7) Any prisoner undergoing solitary confinement shall, under the orders of the Medical Officer on the ground that continuation of such confinement would be likely to prove injurious to mind or body, be forthwith removed from the cell or place in which he is confined. The Medical Officer shall make a record of the order in his journal.
(8) If a prisoner sentenced to solitary confinement be declared by the Medical Officer to be permanently unfit to undergo such confinement, the fact shall be reported to the Court which awarded the sentence.
(9) The declaration should be recorded in the history-ticket and the warrant.
57. Solitary confinement when to be undergone. – If a prisoner is sentenced under two or more separate warrants, any period of solitary confinement awarded can only be given effect to during the time the sentence of which it forms a part is being executed.
58. Endorsement on warrant of solitary confinement undergone. – On the expiration of the sentence of every prison awarded solitary confinement by the committing court, the endorsement on the warrant by the Superintendent, certifying to the execution of the sentenced shall state the total period of solitary confinement the prisoner has undergone, and if any portion has not been executed the reason should likewise is stated.

IV. Cells and Treatment therein

59. Construction of cell. – (1) A sufficient number of cells for all purpose should be provided in every jail. Each cell for solitary confinement should have a yard attached to it where the occupant can have the benefit of fresh air without the means of communicating with any other prisoner and suitable means for ablution and sanitation should also be provided.
(2) The outer door of every cell yard should have an eye-hole at a convenient height so that the occupant can be seen without knowing that he is being observed. The cell door should be iron grated.
60. The purpose for which cells may be used. – Cell may be used for :-
(a) carrying out sentence of solitary confinement ordered on a warrant.

(b) the medical observation of those suspected of being insane, or the accommodation of noisy, dangerous or other lunatics whom it is advisable to keep apart;

(c) the separation of prisoners;

(d) the medical observation and separation of prisoners suspected of malingering, causing sickness or injury to themselves by the use of deleterious substances, or who are suffering or suspected to be suffering from any contagious or infectious disease;

(e) the confinement of prisoners sentenced to death;

(f) quarantine ; and

(g) keeping different category of prisoners apart from each other.

61. An officer to be within hearing of prisoners in cell. – During the day time an officer of the jail shall always remain within hearing of every prisoner confined in a cell, to ascertain, and attend to his lawful requirements. A strict watch shall be kept over all such prisoner to prevent them committing any act which is forbidden,
62. No prisoner to be placed in a cell without a written order. – No prisoner shall be kept separate in a cell either by night or day without an order similarly recorded by the Superintendent or Deputy Superintendent.
63. Ticket to be posted on door of occupied cell. – Whenever a cell is occupied by any prisoner a ticket showing particulars of the prisoner confined therein, shall be posted on the exterior of the cell yard door.
64. The search of prisoner in cell. – Every prisoner shall before being placed in a cell be carefully searched, and all articles likely to aid escape or suicide shall be taken from him and the cell shall also be searched. All cells and prisoners confined therein shall be carefully searched at lock-up time each day, and of and on, if necessary.
65. Precautions to be taken with prisoners in cells at night. – The presence of every prisoner in his cell shall be ascertained at each change of guard. In the case of sickness, notice shall be given by the prisoner to the patrolling officer who shall report the matter to the Medical Officer and Deputy Superintendent. If necessary, the prisoner may be removed to hospital and the Superintendent be informed of the circumstances at his visit. A warder by day shall have custody of the keys’ of the cell, and they shall be kept in the key almirah at night (the means of opening which are it. charge of the patrolling officer), so that they may be always available at times of sudden illness or other emergency. In the case of an attempt at suicide by any prisoner, the cell should be opened at once and the attempt frustrated.
66. Only one occupant in each cell—Exception for. – When a prisoner is seriously ill in a cell and it is unsafe owing to the nature of the disease from which he suffers to have him removed to hospital, the Superintendent may, on the recommendation of the Medical Officer, permit one attendant to remain with him. In no other instance shall two prisoners be permitted to occupy the same cell.
67. Visits to prisoners in Cell. – Every prisoner occupying a cell shall be visited by the Head-Warder on duty or the patrolling officer, at least once every two hours during the day and night.
68. Bedding of prisoners in cells to be kept clean. – (1) The bedding of every prisoner in a cell shall, subject to any order given in special cases by .the Medical Officer, be exposed to the sun and air daily when the whether permits.
(2) Every occupant of a cell shall be responsible for its cleanliness.


Delhi Jail Manual

Categories: Prisoner

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