DELHI PRISONS (TREATMENT OF CONVICTS SENTENCED TO SIMPLE IMPRISONMENT, DEATH, FEMALE PRISONERS, YOUTHFUL PRISONERS, LEPER PRISONERS AND LUNATIC PRISONERS) RULES, 1988

Short title and commencement- (1) these rules may be called the delhi prisons (treatment of convicts sentenced to simple imprisonment, death, female prisoners, youthful prisoners, leper prisoners and lunatic prisoners) rules, 1981.

They shall come into force at once.

I.CONVICTS, SENTENCED TO SIMPLE IMPRISONMENT

TREATMENT OF SIMPLE IMPRISONMENT CONVICTS – (I) convicts sentenced to simple imprisonment shall be subject to as little restriction as is consistent with the maintenance of order or discipline in the jail.

They shall, with the exception of such as are class habitual (who shall be required to wear the Prescribed prison outfit), be permitted to retain their private thinking, but should not be allowed to wear such symbols as are prohibited by Delhi administration from time to time.

The Superintendent may for any sufficient reason, which he shall record in his normal deprive any convict of this class of the privilege of being allowed to wear his private clothing or any portion of it.

Note: Ex-military convicts sentenced to simple imprisonment are not entitled to wear military uniform while in jail.

Article to be issued, such articles to be kept clean- A convict sentenced to simple imprisonment shall—

If his private clothing is insufficient for warrant or for purpose of decency, be supplied with such prison clothing as may be necessary.

Be supplied with such prison utensils and beddings as issued to convicts under sentence to labour; and

Be required to keep such clothing, bedding and other necessities as may be issued to him in a clean and orderly conditions.

Published in Delhi Gazette, Extra ordinary Part IV, No. 76, dated 18th April 1988 vides Notification No. F-9/75/87-Home (General)/ (IX), in exercise of the powers conferred under clause (23), (27) & (28) of section 59 of the prisons Act, 1894 (IX) of 1894) by the Administration of the Union Territory of Delhi.

Simple Imprisonment convicts to keep the wards and yards clean- convicts sentenced to simple imprisonment shall keep their wards and yards clean.

Convicts allowed to converse- Convicts sentenced to simple imprisonment shall, except during parades, at exercise time and when ordered not to do so, be allowed to converse together in a quiet and orderly manner.

Conditions subject to which convicts may labour- (i) A prisoner sentenced to simple imprisonment volunteering to work, shall be allowed to choose such work as is available.

If in the opinion of the Superintendent, he performs a reasonable amount of work, he shall be entitled to laboring diet and wages.

He shall not be punished for neglect of work otherwise than reversion to the non- laboring scale diet.

If the expresses a desire at any time to cease work, he shall be permitted to do
so.
If he elects to labour, he shall be required to wear the prison uniform.

PRISONERS SENTENCED TO DEATH

Intimation to Delhi Administration on admission and Execution of a death sentenced Prisoner in jail— (i) On admission of a convict sentenced to death in a prison, the Superintendent shall report the admission to the Administration. The Superintendent shall also report to the to the Administration the date fixed for his execution by the court of sessions on confirmation of the sentence of death by the High Court or in case of any stay of his execution.

On admission, a convict shall be thoroughly- searched as provided in section 30 of the Prisons Act. A women officer or under her orders, by a Matron.

(iii)Subject to the provisions of section 30 of the Act, all private property shall be removed from the convict.

Issue of Articles on admission- (i) The Deputy Superintendent shall ensure that the following articles are issued to a convict, on his admission to a prison:-
a. A pyjama without cord and a Kurta Two all wool blankets or two cotton wool blankets, A pot, plate and mug made of plastic PVC, Two cotton sarees and blouses may be issued to female convicts. However, if it is considered unsafe to issue sarees to any such convicts, pyjama without cord and kurta may be issued to her.

A sheet stating that the convict has been sentenced to death, with state of health, description and date of submission of mercy petition.

Confinement in cell in Special ward– (i) Every convicts shall whether or not the sentenced of death has been confirmed by the High Court, from the date of his admission to a prison, be confined in a cell in a special ward, apart from all other prisoners as required by section 30 of the act. The cell or room in which a convict is confined shall before he is placed in it, be always examined by the Deputy Superintendent who shall satisfy himself about its fitness and safety. No prisoners expect convicts shall be kept in the special ward.

where there is more than one such cell in a prison, the convict shall be changed daily from one cell to another.

Guarding—(i) the convict shall be under observation of the guard on a Twenty-four hours basis. Convict officers shall not be employed on guard duty.

A guard shall in no case be given more than three hours duty at a stretch;

Every guard shall be equipped with a regulation baton and shall be so posted that the convict shall be under continuous watch. A convict shall not be taken out of his cell, unless at least two guards are present.

If an attempt to commit suicide by a convict is noticed, the guard on duty or the matron shall raise alarm for help, and enter the cell.

The guard in whose charge a convict is put shall allow no one to approach the cell, or communicate with him in any manner expect the superintendent and any officer authorized by the Superintendent in his behalf.

Every convict shall be thoroughly searched daily in the presence of the Deputy Superintendent immediately on opening of the cell in the morning when guards on duty are changed, and before lock-up.

Restriction on removal– Convicts shall not be removed to prison hospital for treatment without the previous sanction of the Inspector General; provided that the Superintendent may, if the Medical officer of the prison certifies that the convict is in danger no death, and requires immediate treatment in a prison hospital, order the removal of the convict from the prison to the prison hospital in anticipation of such sanction. If a convict is removed to a prison hospital, a special guard shall be posted according to the requirements of each case of a convict.

Interviews– (I) The Superintendent may permit a convict to have interview with the relative, friends or legal advisors, once a week, or more often, if the Superintendent is of the option that such interviews may be granted in the case of any convict.

(II) The convict shall be brought from the cell to the interview room if interview takes place outside the cell under proper escort at the time of interviewing and the interviewers and the convict shall be separated by expended metal barriers, “The
Superintendent shall before granting interviews, ensure that all precautionary and
Security measures are taken before hand”

Subject to the security requirement – (i) A convict may be allowed the following facilities at the discretion of the Superintendent, namely: (a) religious books ;(b) religious pictures; (c) rosary and essential religious emblems subject to security requirements; (d) newspapers, books etc.

(ii) A convict may on the recommendation of the Medical Officer, be allowed exercise in open air and within the prison walls in the morning and evening, under the care of the guard.

Appeals-(i) Immediately on receipt of a warrant of execution consequent of the confirmation by the High Court of the sentence of death, the Superintendent shall inform the convict that if he wishes to appeal to the Supreme Court under any of the relevant provisions of the constitution of India, he may do so within the period prescribed.

(ii) Whenever a sentence of death has been passed by any Court or Tribunal, the sentence shall not be executed until after the dismissal of the appeal or of the application or, in case no such appeal has been preferred, or no such application has been made, until after the expiry of the period allowed for an appeal or for making of such application: provided that, if a petition for mercy has been submitted by or on behalf of a convict, the execution of the sentence shall further be postponed, pending orders of the President thereon:

Provided further that, if the sentence of death has been passed on more than one person in the same case, and if an appeal or an application is made by or on behalf of only one or more but not all of them, the execution of the sentence shall be postponed in the case of all such convicts and not only in the case of the convict or convicts by whom, or on whose behalf, the appeal or the application is made.

15. Petition for mercy—Stay of execution—(1) On receipt of an intimation of the dismissal by the Supreme Court of the appeal, or as the case may be, the application lodged by or on behalf of the convict, the Superintendent shall unless he has already made an application for mercy, forthwith inform him that if he desire to submit such petition, it should be submitted, in writing within seven days from the date of such intimation.

In cases where no appeal or no application has been made by or on behalf of a convict, the said period of seven days shall be counted from the date next after the date on which the time allowed for making appeal or an application, expire.

Petition for mercy—(1) Except in cases where a convict has already submitted a petition for mercy, every convict shall be allowed for the preparation and submission of a petition for mercy, seven days after and exclusive of, the date on which the Superintendent of the jail informs him to the dismissal by the Supreme Court of his appeal, or as the case may be, of his application:

Provided that, in cases where no appeal has been preferred or no application has been made, the said period of seven days shall be computed from the date next after the date on which the period allowed for an appeal or for making an application expires.

If a convict submits a petition within the period of seven days prescribed if shall be addressed to the President of India. The Superintendent shall forthwith forward it by register post to the Secretary to the Home Department of Delhi Administration together with a covering letter stating that the date fixed for the execution has been stayed, pending receipt of the orders of the President of India of the petition.

If any person has been sentenced to death by court Martial then any such petition shall be addressed to the president of India and forwarded to the Government of India, Ministry of Defense for consideration.

Petition submitted after period prescribed—(1) Where a convict submits a petition after the expiry of the period prescribed, the Superintendent shall at once forward it to the Administrator and at the same time telegraph the substance of it, requesting orders whether the execution may be postponed, and stating that pending reply, the sentence shall not be carried out.

If such petition is received by the Superintendent later than noon on the day preceding that fixed for the execution, he shall at once forward it to the Administration and at the same time communicate the substance of it, giving the date of execution and stating that the sentence will be carried out, unless orders to the contrary are received, through the wireless facilities available in the jail.

Insanity—(1) If any prisoner awaiting sentence of death shows signs of insanity which in opinion of the Medical Officer, are not feigned, or require observation to determine whether or not they are feigned, the circumstances shall at once be reported to the Administration by the Superintendent under intimation to the Deputy Inspector General, for orders along with the following documents, i.e.

The nominal roll of the prisoner;
A copy of the warrant under which he is confined9in duplicate);

The Medical Officer’s certificate; and
The Medical history sheet.


Note: A copy of the judgment should also be sent as soon as possible.


If the Administration orders the appointment of a special Medical Board for the purpose of examining the mental condition of a convict, he shall be kept under observation in the prison by the Mental Specialist in charge of the nearest Mental Hospital or the Civil Surgeon for a period of ten days or longer if considered necessary prior to his examination by the Medical Board.

The Superintendent and the Medical Officer of the prison in which the convict is confined shall give all facilities to the Mental Specialist or the Civil Surgeon for the physical examination of the convict including serological tests and for the observation of the convict without his knowledge.

As soon as possible after the Medical Board is appointed and the convict is placed under observation, the Superintendent shall collect information about the convict through the police or other sources and place it at the disposal of the Mental Specialist or the Civil Surgeon.

As soon as the Mental Specialist or the Civil Surgeon is ready with his report, he shall request the Director of Health Services to fix a date for the meeting of the Special Medical Board.

The Medical Specialist or the civil surgeon shall place all the record before the Special Medical Board. The Chairman of the Board shall forward all its proceedings together with their own opinion to the Secretary, Home Department through the inspector General and the Director of Health Services for obtaining to further orders of the Administrator thereon.

Pregnancy—(1) Where a woman convict is certified by medical Officer to be pregnant, the Medical Officer shall inform the Superintendent of the same, and the Superintendent shall make a note to that effect on the warrant, and return the warrant to the Session Judge for endorsing an order for the suspension of the execution of the sentence, until the orders of the High Court have been taken under section 416 of the Code of Criminal Procedure 1973.

Where a woman convict declares herself be pregnant, and the Medical Officer is unable to certify the truth or otherwise of the statement, he shall state the interview of time necessary to enable him to satisfy himself on the point. The superintendent shall report the case to the administration for further orders through the inspector General of Prisons for postponing the date of the Execution. If the Medical Officers confirms the fact of pregnancy, the provisions of sub-rule (1) of this rule shall apply.

Where execution of the capital sentence on a woman convict has been suspended under either of the preceding sub-rules, the sentence shall not afterwards be executed without the express orders orders of the Administration foe which the Superintendent shall apply immediately through the Inspector General of prisons.

Action on final confirmation of sentence—(1) The Administration shall fix date of execution of a convict of his/her Mercy Petition is rejected.

On receipt from the Administration of the final confirmation and the date of execution of a convict,

The convict and his relatives shall be informed about the date of execution by the Superintendent;

The convict, if he so desires, be permitted to prepare his will in accordance with his wishes. If the convict does not desire to prepare his will, his statement to that effect shall be recorded by the Superintendent.

Execution of death Sentence—(1) The execution shall usually be carried out in a special enclosure attached to or within the walls of the prison.

Management of Keys, Conditions under which the door may be opened

(a)The keys of the cell in which prisoner sentenced to death is confirmed shall be kept by the head warder on duty who, on hearing the alarm, shall proceed to such cell which in case of emergency, such as attempt by the prisoner to commit suicide, he shall enter and with the help of the sentry frustrate if.

(b)At no other time shall the door of the cell, in which prisoner sentence to death is confined, be opened without first handcuffing the prisoner and so securing him against the possibility of using violence or , if he declines to be handcuffed, unless at least three members of the establishment are present.

The locks in use in a condemned cell shall be such as cannot be opened by any keys in use in the jail, other than those properly belonging to them.

Occupation of cell –yards—Precautions to be taken

A prisoner sentenced to death should, unless there are any special reasons against it, which reasons be recorded by the Superintendent in his journal, be permitted to occupy the court-yard of his cell half an hour each morning and evening, but only one such prisoner at a time should be allowed to do so.

During the timer prisoner sentenced to death occupies his cell-yard, both the cell and yard doors should be kept locked and on each occasion before opening the cell-door to admit the Prisoner to the yard, hand-cuffs should be applied and retained on him till he is again locked into the cell.

A prisoner sentenced to death shall not be removed from his cell to the cell/yard or vice versa for any purpose except in the presence of the head warder.

A convict sweeper or other prisoner allowed to enter the cell of a prisoner sentenced to death, to perform any duty shall first be carefully searched and while carrying out his duty shall be kept under close observations by the warders on duty. Before the cell door is opened, handcuffs should be applied to the prisoner and not be removed till the cell door is locked upon him.


Note: To allow of hand-cuffs being applied before the cell door is opened, the prisoner should be asked to thrust his hands between two of the bars of the grated door and when he has been locked into the cell the handcuffs can be removed in a similar manner.


(4)Diet—Precautions to be taken-All food intended for consumption by a prisoner sentenced to death, shall be examined by the Deputy Superintendent, assistant Superintendent, Medical Subordinate, who may withhold any article he regards with suspicion and report the circumstance to the Superintendent. The food shall be delivered to the prisoner in the presence of one or other of these officers.

Exception in the case of females—In the case of a female under sentence of death:-

The prisoner shall be guarded by female warder who shall not be provided with batons.

The food shall be distributed by a female warder of the presence of the Deputy Superintendent.

(c)The prisoner shall not be handcuffed when she is allowed into the cell-yard.

Prohibition against removal of convict under sentence of death to give evidence—When the evidence of convict under sentence of death is required, the court shall proceed to the jail for the purpose and shall not require the convict’s attendance under sec. 3(2) of the prisoners(Attendance in court) Act,1955 (act 32 of 1955) and of death is required by a Session or high Court for the presence of a convict under sentence evidence, the convict’s attendance may be required under section 3 92) of the prisoners attendance in courts) Act, 1955 and section 267,Cr.P.C.,1973.

Officer responsible for execution—Mishap to be reported—

The Superintendent is responsible that the arrangement for an execution are complete and made good in time and that the gallows, rope, cap and pinioning straps are in good order.

The occurrence of any mishap or departure from the orders laid down shall be reported to the Inspector General.

(8)Description and testing of the rope

(a) A manila rope one inch in diameter shall be used for executions. At least two such ropes in serviceable condition shall be maintained at every jail where executions are liable to take place.


Note: The rope should be six meters in length, well twisted, and fully stretched. It should be of equal thickness, capable of passing readily through the noose-ring and sufficiently strong to bear a stain of 150Kgs. With a200 centimeters drop.


(b)The ropes shall be tested in the presence of Superintendent, atleast a week before the date fixed for the execution and if they fail to pass the test other shall be obtained at once and tested when received.

Ropes that have been tested shall be locked up in a place of safety.

On the evening before the execution is to take place, the gallows and ropes should be examined to ascertain that they have received no injury since being tested.


Note : The rope shall be tested by attaching to one end a sack of sand or clearly to equal to one and a half times the weight of the prisoner to be executed and dropping this weight to the distance of the drop to be given to the prisoner.


Officers to attend execution—The Superintendent and Medical Officer of the Jail and the Magistrate of the District, or a Magistrate deputed by him, are to be present when an execution is being carried out.

The Executioner

Executions shall be carried out by the Public Executioner whenever the services of the official are falling him, by his assistant or some trust-worthy individual locally entertained for the purpose.

On the first occasion of the employment of any person to perform the work of an Executioner, the Superintendent shall satisfy himself that he understands how to perform the duty. Such person shall reside at the jail for two days prior to the day fixed for execution.


Note: The services of the Executioner should be obtained through the Superintendent of the Jail from some other state, Inspector General of Prisons of that state, to whom at the same time, intimation should be sent about the date fixed for execution.


All other prisoners to be locked—Whenever an Execution is being carried out , all the other prisoners lodged in the jail shall be locked up in their barrack till the body is removed.

Regulation of the “drop”—The following scale of “drop” proportioned to the weight of the prisoner is given for general guidance. The Superintendent must use his discretion and be the advice of the Medical Officer and the physical condition of the prisoner—

For a prisoner under 50 Kgs. Weight 200cm. For a prisoner under 60 Kgs. Weight 180cm. For a prisoner under 70 Kgs. Weight 165cm.

For a prisoner under 80 Kgs. Weight 150cm.


Note: The “drop” is the length of the rope a point on the rope opposite the angle of the lower of the criminal as he stands on the scaffold, to the point where the rope is embraced in the noose after allowing for the construction of the neck place in hanging.


Time of executions—Pro cedure to be adopted—

(a)Executions shall take place at the following hours—

November to February…………………… at 8 a.m.
March, April, September to October……………………7 a.m.

May to August………………………………..6 a.m.

The Superintendent and Deputy Superintendent will visit the prisoner sentenced to death in his cell a few minutes before the hour fixed for execution. The Superintendent shall then first identity the prisoner, as the prisoner named in the warrant and read over a translation of the warrant in vernacular to the prisoner. Any other documents requiring attestation by the prisoner, such as his will, shall thereafter be signed and attested in the presence of the Superintendent. The Superintendent will then proceed to the scaffold, the prisoner regaining in his cell. In the presence of the Deputy Superintendent, the hands of convict will next-be pinioned behind his back and his leg irons ( if any) struck off.

The prisoner shall now be marched to the scaffold under the charge of the Deputy Superintendent and guarded by a Head Warder and six warders, two proceeding in front, two behind and each one holding either arm.

On the arrival of the prisoner at the scaffold, where the Superintendent, Magistrate and Medical Officer have already taken their place, the Superintendent shall inform the Magistrate that he has identified the prisoner and read the warrant over to him in vernacular.

The prisoner shall then be made over to the Executioner.

The criminal shall now mount the scaffold and shall be placed directly under the beam to which the rope is attached, the warders still holding him by the arms.

The Executioner shall next strap his legs tightly together, place the cap over his head and face and adjust the rope lighting round his neck, the noose being11/2 inches to the right or left of the middle line and free from the fillip of the cap.

The warders holding the prisoner’s arms shall now withdraw and at a single from the Superintendent, the Executioner shall draw the bolt.
Body to remain suspended half an hour—return of warrant—

The body shall remain suspended half an hour and shall not be taken down till the Medical Officer declares life the extinct.

The Superintendent shall return the warrant of execution with an endorsement to (the effect that the sentence has been carried out).

22. No execution on public holiday—No convict shall be executed on a day which has been notified as a public holiday.

23. Postponement of execution on sentence on medical ground—(1) The execution of a convict shall not be carried out on the date fixed if he is physically unfit to receive the punishment, but in determining the degree of physical disability sufficient to justify postponement of the execution, the illness shall be both serious and acute) not chronic0 before postponement is considered.

(2) The Superintendent shall at once submit to the inspector general a detailed report of such cases together with the medical opinion regarding the degree of physical disability to the prisoner and the probable date, if any, on which the prisoner is likely to become physically fit for execution.

24. delay in capital sentence—Should any extra-ordinary or unavoidable delay occur in carrying out a capital sentence into execution from any cause other than the submission of an appeal or application, the Superintendent shall immediately report the circumstances to the Session judge and return the original warrant either for the issue of a fresh warrant, or for an endorsement upon the same warrant, of an order containing a definite date for carrying the postponed sentence into effect.

Report of execution of death sentence—The Superintendent shall, immediately after each execution, send a report thereof to the Inspector General and he shall return the warrant duly endorsed to the Court which issued it.

FEMALE PRISONER AND CHILDREN

Disposal of female convicts—Every female convicts shall be detained in the female ward of the Central Jail.

A female under trial allowed occupying a cell—A female under trial prisoner shall with the permission of the Superintendent have the choice of occupying a cell instead of the under trial prisoners wards:

Provided that a cell is available and that arrangements can be made to place on duty a female warder or a female convict officer at all times, within hearing of the prisoner and that the keys of the cell are always ready to hand.

When a female prisoner is the only occupant of a ward—If there be even one female prisoner in the jail, arrangements shall be made for a female warder to remain with her both by day and night.

Children of female prisoners—(1) A child under the age of four years, the offspring of a female prisoner, shall, if has not been weaned or it has been weaned and no friend or relative can be found to take charge of it be admitted in jail with the mother.

A child born in jail may be permitted to remain with the mother.

As soon as any child admitted or born in jail attains the age of 4 years or female prisoner dies leaving a child under that age, the Superintendent shall communicate with the Magistrate of the District of which the mother is or was a resident, with a view of the child being made over to the charge of a relative or friends or being placed in an orphanage or being entrusted to some respectable person to be brought up at the expense of Government, if necessary until it attains an age of earning a livelihood.

Any female prisoner may be allowed to retain her child with her until it is four or with the approval of the superintendent even upto six year of age, if she so desires.

Any special circumstances, if the child is sick/ mental/ retarded/ handicapped may also be allowed to stay with his/her mother if she desires when after attaining the age of six.

30.Female remain in the female enclosure—No female prisoner shall otherwise than under lawful authority, on any pretext leave or be removed from the female enclosure of the jail.

Supply of food and concertants of the female enclosure—(1) Cooked food shall be brought to the female enclosure by a convict-cook accompanied by a warder and place outside the enclosure gate from which it shall be taken in side by the female warder or a female prisoner.

The Manual duties shall be performed by the female prisoner inside the female
ward.

Keys of the female enclosure lock of main entrance—(1) The Keys of the various locks in use in the female enclosure shall (other than the outer lock of the main entrance), be kept in possession of the Matron when she is present.

Before leaving the female enclosure, the Matron shall lock the prisoner into their sleeping wards or work-shops and having done so shall lock down of the main entrance and make the keys over to the Deputy Superintendent.

Note 1 : When the matron leaves the ward, the main entrance door shall be locked on the outside by double locks. The keys of one of these will be handed over, with her other keys by the matron to the Deputy Superintendent. The other keys will remain by day in the custody of the Head Warder on duty and by night at the main gate.

IV. YOUTHFULL PRISONERS

Definition—prisoners between the ages of sixteen and twenty one shall be called youthful prisoners. They will be divided into two groups:-

Those who are of the ages sixteen, seventeen and eighteen are to be called adolescent prisoners: and

Those who are of the ages nineteen, twenty and twenty one are to be called youth prisoners.

Adolescents to be kept separate at night and associated by day—(1) Every jail shall be provided with a separate adolescent ward for the separation of the adolescent prisoner at night. If a suitable ward does not exist adolescent prisoners should be kept separate by night in the best possible manner.

Adolescent prisoners may be allowed to associate during the day in the same enclosure or building under the charge of an elderly warder whose ingredient are beyond doubt, but the different classes should be made to sit some distance apart and all communication between them prevented.

Youth to be kept separate at night and associated by day—(1) Every jail shall be provided with a separate youth ward for separation of youth prisoners at night. If suitable ward does not exist youth prisoners should be separated at night in the best possible manner from all other prisoners.

Youth prisoners may be allowed to associate during the day in the same enclosure or building under the charge of an elderly warder whose integrity is beyond doubt but the different classes should be made to sit some distance apart and all communication between them prevented.

Deputy Superintendent to be incharge—Deputy Superintendent shall be incharge of the adolescent ward and youth ward and responsible for their welfare in general.
Adolescent and youth to be taught a handicraft, exercised daily and instructed-
Every adolescent or youth convict shall be:-
employed on or taught some simple and suitable handicraft;

exercise one hour each day either by marching by drill or by gymnastic exercise or sports or athletics activity, and a male, sentenced to imprisonment for a year or more, be brought under a course of instruction in basic education for an hour in the morning and an hour in the afternoon daily.

The inspector General may from time to time prescribe the course of instructions.

Employment of a convict as instructor—Should it be necessary at any time to employ a convict for the instruction of adolescent and youth prisoners under the provisions of the preceding rules, an elderly, well behaved and causal prisoner should be selected. He shall on no pretext be left be left alone with adolescent and youth.

Instruction to be given to adolescent and youth prisoners—(1) As far as practicable the course contents of the educational programmes in force in the schools of the MCD/NDMC,

Delhi Administration and approved by Central Board of Secondary Education shall be taken into consideration while imparting general education to the adolescent and youth prisoners in jail.

The Adolescent and youth prisoners shall be educated on moral values and social responsibility.

Every adolescent and youth prisoners shall be given some vocational training and taught the values of dignity of labour.

Except under the direction of the Deputy Superintendent the adult prisoner shall not be permitted to enter the wards of adolescent or youth prisoners under any circumstances

Television, books and sports facilities—Television, books and sports facilities shall be provided inside the adolescent ward and the youth ward. Similar facilities shall also be provided to lifers and long term convicts.

Supply of adequate clothing—The adolescent and the youth who are not properly clothed shall be provided with proper clothes as far as practicable from the welfare fund of the prison falling which at Govt. Expenses.

V. LEPER PRISONERS

Record of leprosy on history tickets—when any prisoner convicted, unconverted or civil is found to be suffering from leprosy, the Medical Officer shall record the fact on his history ticket.

Procedure when it is desired to transfer a leper—Whenever the Medical officer record that a prisoner is suffering from leprosy and, that his separation from other prisoner is

necessary, the Superintendent shall submit his descriptive role to the inspector General, who shall order the transfer of the prisoner to a place where there is accommodation for leper convicts.

Segregation and disinfection—any under trial or convicted prisoner who is suffering from leprosy, shall pending transfer or release be confined in a cell but care shall be taken that such confinement is not solitary. A cell or other, compartment occupied by a leper shall be thoroughly disinfected, the floors renewed and the wails replastered before any other prisoner is confined in it.

Note: clothing and bedding used by a leper prisoner should be destroyed and not reissued.

VI. LUNATIC PRISONERS

Classification of criminal lunatics—The expression “criminal lunatics” shall be deemed to include persons of the following classes namely;

(1) A person who is charged with an offence, in respect of whose soundless of mind the Magistrate trying the case entertains doubts, and who is sent to a jail for medical observation, under section 328 of the code of Criminal Procedure, 1973.

(2) A person who is charged with an offence, but who, by reason of unsoundless of mind is incapable of making a defence and who is, in consequences, detained under section 330 of the Code of Criminal procedures, 1973 pending the orders of the Local Government.

(3) A person who has been held to have committed an act which-would but for the unsoundless

Of mind of the doer, have constituted an offence, but who has been acquitted on the ground that he was of unsound mind when this act was committed, and is detained under sections 335 and 336 of the Code of Criminal Procedure, 1973 pending the orders and daring the pleasure of the Government; and
A convict who becomes insane.

Non- Criminal Lunatics—(1) Non–criminal lunatic shall be ordinarily detained in the mental hospital.

(2) When a lunatic is detained in a jail, the Superintendent should make the best arrangements in his power for the comfort of the lunatics, having regard to his class and condition in life, and should keep him as far as possible apart from other prisoners.

Detention of criminal lunatic – Procedure when period expires – The maximum period during which a non-criminal lunatic can be detained for observation is 14 days. Upon the expiry of this period the Superintendent shall address the Magistrate or Officer under whose warrant the person is detained, pointing out that the authorized period of detention had expired and requesting that an order for the release of the person detained or his transfer to as may be furnished, by the end of seven days or more, if the Superintendent has not received the Courts order, he shall report the matter to the Inspector General.


Note: Non-criminal lunatics shall be entirely excluded from all statistics returns relating to jails. Their maintenance charges for the period of observation shall be borne by the jail department.


Procedure when certain lunatics are committed to jail – (1) whenever a person belonging to class 2 (Rule 46) is detained in a jail under section 330 of the Code of Criminal procedure 1973, the Superintendent shall apply to the District Magistrate for an order for his transfer to a mental hospital in anticipation of the receipts of orders from Government.

Whenever a person belonging to class1 or class 2 of Rule 46 is detained in a jail for more than a month the fact shall be reported to the Inspector General.

Criminal lunatics how to be confined – (1) Whenever a criminal lunatics is found to be dangerous, noisy or filthy in his habits, he shall be confined in a cell, and kept under strict and continuous supervision.

Save as provided in clause (1), criminal lunatics, other than convicts who have become insane, may, in the discretion of the Medical Officer, be detained in the jail hospital or in a ward not a part for unconvicted criminal prisoners.

Report on a convict who becomes insane – If any convict becomes insane, a report regarding his case shall be submitted to the Inspector General without view to obtaining the orders of Government for his removal to a mental hospital,

Transfer of lunatic prisoner to a mental hospital – (1) On the receipt of an order from the government for the removal of a lunatic to a mental hospital, the Superintendent shall forward him to the hospital specified with all documents namely:-

The Government order directing his transfer;

His descriptive roll;

A medical certificate;

His history ticket and private property, if any;

Warrant of imprisonment;

Remission sheet;

If a convict a copy of the Court’s Judgment in his case.

The superintendent of a Jail while sending a condemned prisoner to Mental Hospital in the state for treatment or observation shall requisition special police guard to escort the condemned prisoner to the Mental Hospital.


Note 1: if the Court’s judgment does not contain full particulars of the offence committed, a copy of the Police report on the arrest or that of the Police roznamcha, should accompany the lunatic.

Note 2: All Government property accompanying a lunatic on transfer to a Mental Hospital should be returned to the dispatching jail.


Condition before a transfer can be made – No criminal lunatic shall be transferred from a jail to a lunatic asylum until it has been ascertained form the Superintendent of the Mental hospital to which he/she is proposed to be transferred is prepared to receive him.

Transfer in anticipation in urgent cases – In urgent cases (i.e., if the lunatic is dangerous, noisy or filthy in his habits) the Superintendent may, with the pervious consent of the Superintendent of the Mental Hospital, transfer the prisoner to the Mental hospital, in anticipation of the necessary sanction. In such cases, with the lunatic shall be forwarded the documents required by rule 51 with the exception of the Government order which should follow immediately after it has been received.

Time spent in asylum to count as sentence – When any convicted criminal lunatic has become of sound mind, and an order has been issued by Government for his return to jail, the time during which he was detained in the mental hospital shall be reckoned as sentence undergone.

Procedure when a recovered lunatic has a relapse – (1) When a recovered convicted criminal lunatic undergoing imprisonment in a jail has a relapse of insanity, he should be immediately returned to the mental hospital from which he came, in anticipation of the orders of Government. In such a case the documents, etc. required by rule 51 should be forwarded with him; the order should follow immediately after it has been received.

The Superintendent shall forthwith apply through the Inspector General for the confirmation of his action by the Government, submitting at the same time, the documents required by rule 51.

Transfer of lunatic returned to jail – When a recovered criminal lunatic is returned to a jail, he shall be given some employment with or without pay and with such an amount of liberty as the Medical Officer may consider safe.

Half yearly return of criminal lunatics – In accordance with the instruction in the preceding rule, Superintendents shall, on the 1st of January and 1st of July of each year forward to the Inspector General a report on the prisoners confined in their jails under sections 330, 335 and 336 of the Criminal Procedure Code, 1973.


Note: When no such prisoners are confined in the jail, a blank return should be submitted.


Discipline and punishment of lunatics – (1) A lunatic cannot be punished for any act committed by him, but such restrains can be imposed as are necessary to prevent him injuring himself or others, or causing inconvenience.

A person confined during the pleasure of Government when not actually insane, is subject to the same discipline as a convict sentenced to rigorous imprisonment, except that he cannot be made to labour.

A person who is confined under observation is, of same, liable to jail discipline.

Lunatics to be visited by Inspector General Etc. – Inspector General or the visitors of the jail or any two of them may visit a lunatic confined in a jail in order to ascertain the state of his mind. If a prisoner is confined in the mental hospital Inspector General or visitor or any two of them shall visit him once in six months and shall make a special report to the Administrator as to the state of mind of such a person.


Note: For statutory provisions concerning authority of these rules, see Appendix-3, prisons ACT, 1894- SECTION 30, 35, 36 AND 59; APPENDIX- 16, CRIMINAL PROCEDURE CODE, 1973-SECTIONS 267, 328, 330, 335, 416 AND APPENDIX-10, THE PRISONERS (ATTENDENCE IN COURTS) ACT, 1955.

Hariom Vijay Pande, Convict No. C-92 vs State of Maharashtra, Through Divisional Commissioner, Nagpur- 3/12/2019

Parole leave is recognized as a statutory right as per Rule 19 of the Maharashtra Prisons (Mumbai Furlough and Parole) Rules, 1959 (hereinafter referred to as ‘Rules of 1959’ for short) and the convicts are entitled for parole leave, if the circumstances as referred in Rule 19 exist. Of course, it is not the absolute right of the convict to seek parole leave and the right is circumscribed by various other considerations including the objective satisfaction of the jail authorities and the authority competent to consider the application made by the convict for grant of parole leave.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR

CRIMINAL WRIT PETITION NO. 769 OF 2019

Hariom Vijay Pande, Convict No. C-92, Aged Major, Occ. Business- Nil, Confined at Open Prison, Gadchiroli. ….. PETITIONER

… Versus …

1. State of Maharashtra,

Through Divisional Commissioner, Nagpur.

2. The Superintendent, Open Prison, Gadchiroli.

                                            ….. RESPONDENTS

Act: Rule 19 of the Maharashtra Prisons (Mumbai Furlough and Parole) Rules, 1959

Advocates: 

Ms. Laxmi Y. Malewar, Advocate for the Petitioner.

Ms. N.R. Tripathi, A.P.P for the Respondents/State.

CORAM: Z.A. HAQ & S.M. MODAK, JJ.

DATED: 03/12/2019

ORAL JUDGMENT

Per Z.A. Haq, J :

01] Rule. Rule made returnable forthwith.

02] The petitioner is convicted for the offence punishable under Section 302 read with Section 34 of Indian Penal Code and is undergoing life imprisonment since 2010. The petitioner had applied for grant of parole leave on 16th July, 2018 on the ground that his wife was suffering from serious illness. According to the respondents, the application of petitioner was sent to the Office of Superintendent of Police, Azamgarh (Uttar Pradesh), from where the petitioner hails. The Police Sub-Inspector of Police Station, Azamgarh submitted his report dated 19th February, 2019, which was received by the Office of respondent No.2 on 5th March, 2019. This report shows that the claim of the petitioner (convict) that his wife was suffering from illness was correct. However, release of petitioner on parole leave was objected on the ground that there was a possibility of petitioner absconding after his release on parole leave. Parole application filed by the petitioner came to be rejected by order dated 4th June, 2019.

03] From the reply filed by the respondent No.2, it is noticed that when the petitioner was earlier released on furlough leave in January 2015, August 2018 and September 2019, every time he had surrendered himself on due date and when he was released on parole leave in May 2017, that time also he surrendered himself on due date. The report submitted by the Police Sub-Inspector, Police Station, Azamgarh does not give any details as to on what basis Police Sub-Inspector, Police Station, Azamgarh came to the conclusion that there was every possibility that the petitioner may abscond if he is released on parole leave.

Parole leave is recognized as a statutory right as per Rule 19 of the Maharashtra Prisons (Mumbai Furlough and Parole) Rules, 1959 (hereinafter referred to as ‘Rules of 1959’ for short) and the convicts are entitled for parole leave, if the circumstances as referred in Rule 19 exist. Of course, it is not the absolute right of the convict to seek parole leave and the right is circumscribed by various other considerations including the objective satisfaction of the jail authorities and the authority competent to consider the application made by the convict for grant of parole leave. Hence, if it is recommended that parole leave should not be granted, such recommendations should be supported by proper reasons and the necessary details on the basis of which the Officer recommending that parole leave should not be granted, forms his opinion. We have noticed that the applications submitted by the convicts for grant of parole leave are considered mechanically and a sentence is inserted that parole leave should not be granted as release of the convict may result in law and order problem or the convict may abscond. Of course, Police Officials are entitled to make such recommendations and in appropriate cases, they should make recommendation of such type. However, in such situation, they should support that conclusion by recording the reasons and giving details of the material on the basis of which they form the opinion. In the present case, Police Sub-Inspector, Azamgarh has not pointed out the basis for his negative recommendation, hence it cannot be considered.

04] In the present case, we further find that there has been laxity on the part of the respondents and the concerned Police Officials at every level, which resulted in inordinate delay in taking decision on the application submitted by the petitioner for grant of parole leave. As recorded earlier, the petitioner sought parole leave on the ground that his wife was suffering from serious illness and this claim made by the petitioner is found to be correct by the Police Sub-Inspector, Police Station, Azamgarh. The facts of the present case show the apathy towards the convicts and that they are deprived of their statutory right recognized by the State Government.

05] It is relevant to note that Rule 22 of the Rules of 1959 provides for the manner in which the application for parole should be dealt with. Rule 22(2) of the Rules of 1959 lays down that on receipt of the application for grant of parole leave, the Deputy Superintendent of Police or the Assistant Commissioner of Police concerned, as the case may be, shall immediately make enquiries to ascertain whether the ground/grounds on which parole is applied for, is/are genuine and submit report within fifteen days to the competent authority pointing out whether it recommends the grant of parole and whether there is likelihood of breach of peace, if the prisoner is released on parole.

Rule 23 of the Rules of 1959 lays down that on receipt of the application for grant of parole, the competent authority may make such enquiries, as it considers necessary, and pass such orders as it considers fit, and if the competent authority is of the view that the prisoner/convict should be released on parole, the competent authority shall make an order to that effect within 17 days from the date of receipt of enquiry report from the Deputy Superintendent of Police or the Assistant Commissioner of Police as contemplated by Rule 22 of the Rules of 1959.

06] Rule 19(2)(C)(ii) of the Rules of 1959 provides for the situations under which the prisoner/convict may be released on regular parole. It lays down that the prisoner/convict shall be eligible for next release on parole leave or regular parole leave after completion of one year of actual imprisonment and subsequent releases then onwards after completion of six months of actual imprisonment, to be counted from his last return every time either from furlough or regular parole.

07] Because of the gross laxity of the respondents and the concerned officers, the release of the petitioner on parole leave is delayed unnecessarily and the right of the petitioner/convict as per Rule 19(2)(C)(ii) for subsequent release on parole leave is frustrated.

08] Considering the earlier conduct of the petitioner, we are of the view that the petitioner should be released on regular parole for thirty days, of course, subject to the conditions as may be imposed by the concerned authority.

As we find that there has been gross negligence on the part of the respondents and other concerned officers, we are of the view that compensation of Rs. 10,000/- should be granted to the petitioner.

Hence the following order:-

ORDER

i. The impugned order is set aside.

ii. The respondents are directed to release the petitioner on parole leave for thirty days, on such conditions as shall be imposed by the competent authority.

iii. State of Maharashtra shall pay an amount of Rs.10,000/- (Rupees Ten Thousand Only) to the petitioner towards compensation. The State of Maharashtra will be at liberty to recover the amount of compensation from the erring Officer/Officers after conducting enquiry against such Officer/Officers.

iv. The amount of compensation shall be paid to the petitioner within two months and affidavit of compliance shall be filed by the respondent No.2 on record of this petition.

Rule is made absolute in the above terms.

v. Fees be paid as per the rules to Ms. Laximi Y. Malewar, Advocate appointed to represent the petitioner.

JUDGE                                                                                                                       JUDGE


 

THE PRISONS ACT 1894

THE PRISONS ACT, 1894 [Pakistan]

Act IX of 1894

C O N T E N T S

CHAPTER I

PRELIMINARY

SECTIONS

1. Title, extent and commencement.

2. [Repealed]

3. Definitions.

CHAPTER II

MAINTENANCE AND

OFFICERS OF PRISONS

4. Accommodation for prisoners.

5. Directors of Prisons.

6. Officers of prisons.

7. Temporary accommodation for prisoners.

CHAPTER III

DUTIES OF OFFICERS

Generally

8. Control and duties of officers of prisons.

9. Officers not to have business dealings with prisoners.

10. Officers not-to be interested in prison-contracts.

Superintendent

11. Superintendent.

12. Records to be kept by Superintendent.

Medical Officer

13. Duties of Medical Officer.

14. Medical Officer to report in certain cases.

15. Report on death of prisoner.

Jailer

16. Jailer.

17. Jailer to give notice of death of prisoner.

18. Responsibility of Jailer.

19. Jailer to be present at night.

20. Powers of Deputy and Assistant Jailers.

Subordinate Officers

21. Duties of gate-keeper.

22. Subordinate officers not to be absent without leave.

23. Convict Officers.

CHAPTER IV

ADMISSION, REMOVAL AND

DISCHARGE OF PRISONERS

24. Prisoners to be examined on admission.

25. Effects of prisoners.

26. Removal and discharge of prisoners.

CHAPTER V

DISCIPLINE OF PRISONERS

27. Separation of prisoners.

28. Association and segregation of prisoners.

29. Solitary confinement.

30. Prisoners under sentence of death.

CHAPTER VI

FOOD, CLOTHING AND BEDDING

OF CIVIL AND UNCONVICTED

CRIMINAL PRISONERS

31. Maintenance of certain prisoners from private sources.

32. Restriction on transfer of food and clothing between certain prisoners.

33. Supply of clothing and bedding to civil and unconvicted criminal prisoners.

CHAPTER VII

EMPLOYMENT OF PRISONERS

34. Employment of civil prisoners.

35. Employment of criminal prisoners.

36. Employment of criminal prisoners sentenced to simple imprisonment.

CHAPTER VIII

HEALTH OF PRISONERS

37. Sick prisoners.

38. Record of directions of Medical Officers.

39. Hospital.

CHAPTER IX

VISITS TO PRISONERS

40. Visits to civil and unconvicted criminal prisoners.

41. Search of visitors.

CHAPTER X

OFFENCES IN RELATION

TO PRISONS

42. Penalty for introduction or removal of prohibited articles into or from prison and communication with prisoners.

43. Power to arrest for offence under section 42.

44. Publication of penalties.

CHAPTER XI

PRISON-OFFENCES

45. Prison-offences.

46. Punishment of such offences.

47. Plurality of punishments under section 46.

48. Award of punishments under sections 46 and 47.

49. Punishments to be in accordance with foregoing sections.

50. Medical Officer to certify to fitness of prisoner for punishment.

51. Entries in punishment-book.

52. Procedure on committal of heinous offence.

53. Whipping.

54. Offences by prison subordinates.

CHAPTER XII

MISCELLANEOUS

55. Extramural custody, control and employment of prisoners.

56. Confinement in irons.

57. Confinement of prisoner under sentence of transportation in irons.

58. Prisoners not to be ironed by Jailer except under necessity.

59. Power to make rules.

60. [Repealed]

61. Exhibition of copies of rules.

62. Exercise of powers of Superintendent and Medical Officer.

THE SCHEDULE

[Repealed]


[1]THE PRISONS ACT, 1894

(Act IX of 1894)

[22 March 1894]

An Act to amend the law relating to Prisons.

WHEREAS it is expedient to amend the law relating to prisons in [2][Pakistan], and to provide rules for the regulation of such prisons;

It is hereby enacted as follows:-

CHAPTER I

PRELIMINARY

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

[3][(2) It extends to the whole of Pakistan]

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

(4) Nothing in this Act shall apply to civil jails in [4][Sind] and the [5][Karachi Division], and those jails shall continue to be administered under the provisions of section 9 to 16 (both inclusive) of [6]Bombay Act II of 1874, as amended by subsequent enactments.

2. [Repeal]. Repealed by the Repealing Act, 1938 (1 of 1938), section 2 and Schedule.

3. Definitions.— In this Act—

(1) “prison” means any jail or place used permanently or temporarily under the general or special orders of a [7][Provincial 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 [8][Provincial Government] under section 541 of the [9]Code of Criminal Procedure, 1882; or

(c) any place which has been declared by the [10][Provincial 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 provisions of Chapter VIII of the [11]Code of Criminal Procedure, 1882, or under the [12]Prisoners Act, 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 sentences of, prisoners in jails:

(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) and (7-A) [13][* * *].

(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.

CHAPTER II

MAINTENANCE AND OFFICERS OF PRISONS

4. Accommodation for prisoners.— The [14][Provincial Government] shall provide, for the prisoners in the territories under such Government, accommodation in prisons constructed and regulated in such manner as to comply with the requisitions of this Act in respect of the separation of prisoners.

[15][5. Directors of Prisons.— Directors of Prisons shall be appointed for the areas to be defined by the Provincial Government, and shall exercise, subject to the orders of the Provincial Government, the general control and superintendence of prisons and the staff employed in the prisons in the respective areas for which they are appointed].

6. 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 [16][Provincial Government] thinks necessary:

[17][* * * * * * * * * * * * *]

[18][Provided further that in the Punjab the [19][Provincial Government] may appoint for any prison a Deputy Superintendent instead of a Jailer, and an Assistant Superintendent instead of a Deputy or Assistant 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 Jailers and Deputy or Assistant Jailers respectively].

7. Temporary accommodation for prisoners.— Whenever it appears to the [20][Director of Prisons] 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 [21][Provincial 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

8. Control and duties of officers of prisons.— All officers 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 [22][59].

9. 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.

10. Officers not-to be 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

11. Superintendent.— (1) Subject to the orders of the [23][Director of Prisons] 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 [24][Provincial Government], the Superintendent of a prison other than a central prison or a prison situated in a 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 [25][Director of Prisons] all such orders and the action taken thereon.

12. 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 punishments 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 articles taken from prisoners;

and all such other records as may be prescribed by rules under section 59 [26][* * *]

Medical Officer

13. 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 [27][Provincial Government] under section [28][59].

14. 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 [29][Director of Prisons] for information.

15. Report on death of 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.

Jailer

16. 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 [30][Director of Prisons’] sanction in writing, be concerned in any other employment.

17. 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.

18. 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.

19. 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.

20. 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

21. 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.

22. 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.

23. Convict Officers.— Prisoners who have been appointed as officers of prisons shall be deemed to be public servants within the meaning of the Pakistan Penal Code.

CHAPTER IV

ADMISSION, REMOVAL AND DISCHARGE OF PRISONERS

24. 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.

25. Effects 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.

26. 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 acute or dangerous distemper, nor until, in the opinion of the Medical Officer, such discharge is safe.

CHAPTER V

DISCIPLINE OF PRISONERS

27. Separation of prisoners.— The requisitions of this Act with respect to the separation of prisoners 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 intercourse with, the male prisoners;

(2) in a prison where male prisoners under the age of [31][twenty-one] are confined, means shall be provided 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.

28. Association and segregation of prisoners.— Subject to the requirements of the last foregoing section, convicted criminal prisoners may be confined in association or individually in cells or partly in one way and partly in the other.

29. 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.

30. 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

31. 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 [32][Director of Prisons].

32. 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.

33. 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.

CHAPTER VII

EMPLOYMENT OF PRISONERS

34. Employment of civil prisoners.— (1) Civil prisoners may, with the Superintendent’s permission, work 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.

35. 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.

36. 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

37. 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 prisoners 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.

38. Record of directions of Medical Officers.— 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 [33][Provincial 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.

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

CHAPTER IX

VISITS TO PRISONERS

40. 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 may 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.

41. Search of visitors.— (1) The Jailer may demand the name and address of 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.

(2) In case of any such visitor refusing to permit himself to be searched, the Jailer may deny him admission; and the grounds of such proceeding, with the particulars thereof, shall be entered in such record as the [34][Provincial Government] may direct.

CHAPTER X

OFFENCES IN RELATION TO PRISONS

42. Penalty for introduction or removal of prohibited articles into or from prison and communication with prisoners.— Whoever, contrary to any rule under section [35][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 any 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 rules, 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.

43. 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.

44. 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.

CHAPTER XI

PRISON-OFFENCES

45. 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 a prison-offence;

(2) any assault or use of criminal force;

(3) the use of insulting or threatening language;

(4) immoral or indecent or disorderly behaviour;

(5) wilfully disabling himself from labour;

(6) contumaciously 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 for 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.

46. 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 [36][for such period as may be prescribed by rules made by the [37][Provincial 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 [38][Provincial Government];

(5) the substitution of gunny or other coarse fabric for clothing of other material, not being woollen, for a period which shall not exceed three months;

(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 [39][Provincial 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 [40][Provincial Government];

(8) separate confinement for any period not exceeding [41][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 [42][Provincial 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;

[43][* * * * * * * * * * * * *]

[44][(11)] penal diet as defined in clause (9) combined with [45][cellular] confinement [46][* * *];

[47][(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.

47. Plurality of punishments under section 46.— [48][(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 [49][cellular] confinement;

[50][(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 [51][and] separate confinement and loss of privilege admissible under the remission system;

[52][(5) no punishment will be combined with any other punishment in contravention of rules made by the [53][Provincial Government].]

[54][(2) No punishment shall be awarded for any such offence so as to combine, with the punishment awarded for any other such offence, two of the punishments which may not be awarded in combination for any such offence].

48. Award of punishments under sections 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 [55][Director of Prisons].

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

49. 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.

50. 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 state 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.

51. Entries in punishment-book.— (1) In the punishment-book prescribed in section 12 there shall be recorded, in respect of every punishment inflicted, the 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, the punishment awarded, and 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.

52. 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 [56][* * *] 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 punishments enumerated in section 46:

[57][Provided that any such case may be transferred for inquiry and trial by the District Magistrate to any Magistrate of the first class [58][* * *]:] and

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

53. 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 in 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.

54. Offences by prison subordinates.— (1) Every Jailer or officer of a prison subordinate to him who shall 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.

CHAPTER XII

MISCELLANEOUS

55. 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 in or under the lawful custody or control of a prison-officer belonging to such prison, shall be deemed to be in prison shall be subject to all the same incidents as if he were actually in prison.

56. Confinement in irons.— 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, he may, subject to such rules and instructions as may be laid down by the [59][Director of Prisons] with the sanction of the [60][Provincial Government], so confine them.

57. Confinement of prisoner under sentence of transportation in irons.— (1) Prisoners under sentence of [61][imprisonment for life] may, subject to any rules made under section [62][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 [63][Director of Prisons] for sanction to their retention for the period for which he considers their retention necessary, and the [64][Director of Prisons] may sanction such retention accordingly.

58. Prisoners not to be ironed by Jailer except under necessity.— No prisoner shall be put in irons or under mechanical restraint 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.

59. Power to make rules.— [65][The Provincial Government] may make rules consistent with this Act—

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

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

(3) fixing the punishments 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 Pakistan Penal Code may or may not be dealt with as a prison-offence;

(5) for the award of marks and the shortening of sentences; [66][so, however, that a sentence of imprisonment for life is not shortened to a period of imprisonment less than 15 years];

(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 prisoners in danger of death may be released;

[67][(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 [68][imprisonment for life];

(17) for the classification and the separation of prisoners;

(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 [69][imprisonment for life or shorter] or imprisonment is about to expire; subject, however, to the consent of the Provincial Government of any other Province 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 of 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 section 541 of the [70]Code of Criminal Procedure, 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.

60. [Power of Local Government to make rules]. Repealed by A.O., 1937.

61. Exhibition of copies of rules.— Copies of rules, under [71][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.

62. 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 may in his absence be exercised and performed by such other officer as the [72][Provincial Government] may appoint in this behalf either by name or by his official designation.

THE SCHEDULE-[ENACTMENTS REPEALED]. Repealed by the Repealing Act, 1938 (I of 1938), section 2 and Schedule.


footnotes:

[1]For statement of objects and reasons, see Gazette of India, 1894, Pt V, p.14; for Report of the Select Committee, see ibid., p. 63, and for Proceedings in Council, see ibid., Pt. VI, pp. 10, 21, 93, 126 and 139.

This Act has been applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the N.W.F.P., subject to certain modification, see ibid N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950.

It has been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G.G.O. III of 1950), and applied in the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I, p. 1499.

It has been extended to the Excluded Area of Upper Tanawal other than Phulera by the N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950 and declared to be in force in that area with effect from 1st June, 1951 see N.W.F.P. Gazette, Extraordinary, dated 1st June, 1951.

[2]Substituted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd Schedule (with effect from the 14th October, 1955), for “the Provinces and the Capital of the Federation” which had been substituted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Articles 3 (2) and 4, for “British India”.

[3]Substituted ibid., for the existing sub-section (2), as amended by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951).

[4]Substituted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Schedule, for “the Presidency of Bombay outside the City of Bombay”.

[5]Substituted by the Central Adaptation of Laws Order, 1964 (P.O. 1 of 1964), Article 2 and Schedule, for “Federal Territory of Karachi” which had been Substituted by the Repealing and Amending Ordinance, 1961 (I of 1961), section 3 and 2nd Schedule, for “Capital of the Federation”.

[6]The Civil Jails Act, 1874.

[7]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

[8]Ibid.

[9]X of 1882, subsequently substituted by the Code of Criminal Procedure, 1898.

[10]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

[11]X of 1882, subsequently replaced by the Code of Criminal Procedure, 1898.

[12]V of 1871, subsequently replaced by the Prisons Act, 1900.

[13]Clause (7-A) was inserted by the Prisons (West Pakistan Amendment) Act, 1958 (XLI of 1958); however, this clause and clause (7) were deleted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962).

[14]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

[15]Substituted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962).

[16]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

[17]Deleted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949).

[18]Added by the Prisons (Punjab Amendment) Act, 1926 (IX of 1926).

[19]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

[20]Substituted, for “Inspector General”, by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962).

[21]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

[22]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “60”.

[23]Substituted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), for “Inspector General”.

[24]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

[25]Substituted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), for “Inspector General”.

[26]The words and figures “or section 60” repealed by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.

[27]Substituted ibid., for “Local Government”.

[28]Substituted ibid., for “60”.

[29]Substituted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), for “Inspector General”.

[30]Ibid.

[31]Substituted by the Prisons (Amendment), Act, 1930 (VI of 1930), section 2, for “eighteen”.

[32]Substituted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), for “Inspector General”.

[33]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

[34]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

[35]Substituted ibid., for “60”.

[36]Inserted by section 2(a) of the Prisons (Amendment) Act, 1925 (XVII of 1925).

[37]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

[38]Ibid.

[39]Ibid.

[40]Ibid.

[41]Substituted by the Prisons (Amendment) Act, 1925 (XVII of 1925), for “Six”.

[42]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

[43]Original clause (11) was repealed and clauses (12) and (13) were renumbered as (11) and (12), respectively, by the Prisons (Amendment) Act, 1925 (XVII of 1925).

[44]Ibid.

[45]Substituted ibid., for “solitary”.

[46]The words “as defined in clause (11)”, repealed ibid.

[47]Re-numbered ibid.

[48]The original section 47 was renumbered as section 47 (1), by the Prisons (Amendment) Act, 1925 (XVII of 1925).

[49]Substituted ibid., section 2, for “solitary”.

[50]Substituted ibid., section 3.

[51]Substituted by the Repealing and Amending Act, 1914 (X of 1914), section 2 and schedule I, for “or”.

[52]Inserted by the Prisons (Amendment) Act, 1925 (XVII of 1925).

[53]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

[54]Inserted by the Prisons (Amendment) Act, 1925 (XVII of 1925).

[55]Substituted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962)., for “Inspector General”.

[56]The words “or Presidency Magistrate” which were Inserted by the Prisons (Amendment) Act, 1910 (XIII of 1910), section 2 (1), omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949).

[57]Substituted by the Prisons (Amendment) Act, 1910 (XIII of 1910), section 2(2) for the original proviso.

[58]The words “and by a Chief Presidency Magistrate to any other Presidency Magistrate” omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949).

[59]Substituted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), for “Inspector General”.

[60]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.

[61]Substituted by the Law Reforms Ordinance, 1972 (XII of 1972), for “transportation”.

[62]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “60”.

[63]Substituted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), for “Inspector General”.

[64]Ibid.

[65]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “The G.G. in C. may for any part of British India, and each Local Government with the previous sanction of the G.G. in C. may for the territories under its administration”.

[66]Inserted by the Law Reforms Ordinance, 1972 (XII of 1972).

[67]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for the original clauses (8) and (9).

[68]Substituted by the Law Reforms Ordinance, 1972 (XII of 1972), for “transportation”.

[69]Ibid.

[70]X of 1882, subsequently replaced by the Code of Criminal Procedure, 1898 (V of 1898).

[71]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “sections 59 and 60”.

[72]Substituted ibid., for “Local Government”.


Connected: THE PRISONERS ACT, 1900

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

Delhi Prison Act, 2000

Delhi Prison Act, 2000

(Delhi Act No. 2 of 2002)

(14th February, 2002)

No. F. 14 (28)/LA. 2000-2002/101. – The following Act of the Legislative Assembly of the National Capital Territory of Delhi received the assent of the President on 28.1.2002 and is hereby published for general information.

The Delhi Prisons Act, 2000 (Delhi Act No. 2 of 2002) (As passed by the Legislative Assembly of the National Capita] Territory of Delhi on the 23rd November, 2000) to provide for the detention of prisoners committed to prison custody and for their reformation and rehabilitation with a view to ensuring safe detention and minimum standards of treatment of prisoners consistent with the principles of dignity of the individuals and for matters connected therewith or incidental thereto.

Be it enacted by the Legislative Assembly of the National Capital Territory of Delhi in the Fifty First Year of the Republic of India as follows:

CHAPTER I

Preliminary

1. Title, extent and commencement. – (1) This Act may be called the ‘Delhi Prisons Act, 2000’.
(2) It extends to the whole of the National Capital Territory of Delhi.
(3) It shall come into force on such date as the Lieutenant Governor of the National Capital Territory of Delhi may, by notification in the Official Gazette, appoint.

2. Definitions.

(1) In this Act, unless the context otherwise requires:

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

(b) “competent authority” means any officer having jurisdiction and due legal authority to deal with a particular matter in question;

(c) “convicted criminal prisoner” means any criminal prisoner under sentence of a court or court-martial, and includes a person detained in prison under the provisions of Chapter VII of the Code of Criminal Procedure, 1973 (2 of 1974);

(d) “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;

(e) “court” includes a corner and any officer lawfully exercising civil, criminal or revenue jurisdiction;

(f) “dangerous prisoner” means any prisoner who is violently pre-disposed or likely to escape;

(g) “Delhi” means the National Capital Territory of Delhi;

(h) “furlough” means leave as a reward granted to a convicted prisoner who has been sentenced to rigorous imprisonment for five years or more and has undergone three years thereof.

(i) “Government” means the Lieutenant Governor referred in Article 239AA of the Constitution;

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

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

(l) “Lieutenant Governor” means the administrator of the National Capital Territory of Delhi appointed by the President under Article 239 of the Constitution;

(m) “Medical Officer” means a Gazetted Officer of the Government and includes a medical practitioner declared by general or special orders of the Government to be a medical officer;

(n) “medical subordinate” means a qualified medical assistant;

(o) “notification” means a notification published in the Official Gazette;

(p) “parole system” means the system of releasing prisoners from prison on parole by suspension of their sentences in accordance with the rules;

(q) “prescribed” means prescribed by rules;

(r) “prison” means any jail or place used permanently or temporarily under the general or special orders of the Government for the detention of prisoners, and includes all lands, buildings and appurtenances thereto but does not include:

(i) any price for the confinement of prisoners who are exclusively in the custody of police;

(ii) any place specially appointed by the Government under Section 417 of the Code of Criminal Procedure, 1973 (2 of 1974),

(iii) Any place which has been declared by the Government by general or special order to be a special prison;

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

(t) “remission system” means the system of regulating the award of marks to, and the consequent shortening of sentences of prisoner in prison;

(u) “rule” means a rule for the time being in force, made under or in pursuance of this Act;

(v) “section” means a section of this Act;

(w) “security prisoner” means any prisoner against whom there is a threat from any person,

(x) “senior medical officer” means a medical officer senior to other medical officers posted in a prison;

(y) “sub-ordinate officer” means every non-gazetted officer serving in the prison;

(z) “Superintendent” means the officer who is appointed by the Government to be in charge of a prison with such designation as it may specify;

(aa) “young offender” means a person who has attained the age of sixteen years in case of a boy and eighteen years in case of a girl, but has not attained the age of twenty one years;

(2) Words and expressions used herein and defined but defined in any other enactment applicable in Delhi shall have the meanings respectively assigned to them in those enactments.

CHAPTER II

Establishment and Officers or Prisons

3. Accommodation in prisons. – The Government shall provide in its jurisdiction accommodation in prisons constructed and regulated in such manner as to comply with the requisitions of this Act in respect of the separation of prisoners.

4. Power of State Government to Appoint Inspector General and other Officers and staff. – (1) The Government shall, by notification. appoint an Inspector General of Prisons to be in-charge of the administration and management of all the prisons, in Delhi, who shall belong to IAS/IPS service.
(2) The Government may also, by notification, appoint as many Additional, Joint, Deputy or Assistant Inspectors General of prisons as it may think fit or necessary to assist the Inspector General of Prisons in exercising the powers and performing the functions of the Inspector General under this Act.
(3) The Government shall provide the necessary administrative staff in the headquarters and the regional offices of the Inspector General.

5. Inspector General. – (1) The Inspector Genera! shall exercise his powers and perform his functions, under this Act subject to the general supervision and control of the Government, and the other officers appointed under this Act shall work under the general supervision; control and direction of the Inspector General and shall be responsible to him.
(2) The Inspector General shall be responsible for the allotment of work to the officers appointed under this Act and may delegate ally of his functions to such officers.

6. Officers of Prisons. – For every prison there shall be a Superintendent, a Deputy Superintendent, a Medical Officer, a Law Officer, a Welfare Officer, and such other officers as the Government thinks it necessary.

7. Temporary Accommodation for Prisoners. – Whenever it appears to the Inspector General that:

(a) the number of prisoners in any prison is greater can conveniently or safely be kept therein and it is not convenient to transfer the excess number to some other prison;

(b) 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;

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

CHAPTER III

Duties of Officers

8. Control and duties of officers of prisons. – All officers of a prison shall obey the directions of the Superintendent; all officers subordinate to the Deputy Superintendent shall perform such duties as may be imposed on them by the Deputy Superintendent with the sanction of the Superintendent or be prescribed by rules under Section 71.

9. Officers not to have business dealing with prisoners and others. – (1) No officer of a prison shall sell or let, nor shall any person in trust or employed by himself 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.
(2) No officer of a prison shall accept any gift from a prisoner or a person having any dealings with prison administration.

10. Officers not to be interested in prison contracts. – No officer of a prison nor any person in trust or employed by him, shall have any interest, direct or indirect, in any contract for the supply to the prisons; nor shall he derive any benefit, directly or indirectly, from the sale or purchase of any article on behalf of the person or belonging to a prisoner.

Superintendent

11. Superintendent and his residence in prisons. – (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) The Superintendent shall reside in the prison premises unless the Inspector General permits him in writing to reside elsewhere.

12. 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 punishments inflicted on prisoners for prison offences;

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

(5) a record of the money and other articles taken from prisoners; and all such other records as may be prescribed by rules made under Section 71.

Medical Officer

13. Duties of Medical Officer. – Subject to the control of the Superintendent, the Medical Officer shall have charge of health and sanitary administration of the prisons. And shall perform such duties as may be prescribed by rules, made by the Government under Section 71.

14. Medical Officer to report in certain cases. – (1) Whenever the Medical Officer in charge of a prison 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.
(2). The Medical Officer shall not administer any such medicine to any prisoner without informing him of what is being administered to him.
This report, with the orders of the Superintendent thereon, shall forthwith be sent to the Inspector General for information.

15. Report on death of prisoner. – (1) On the death of any prisoner, the Medical Officer in-charge shall forthwith record in a register the following particulars, so far as they can be ascertained. namely:
(a) the day on which the deceased first complained of illness or injury or he was observed to be ill or injured;

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

(c) the scale of his diet on that day;

(d) the day on which he was admitted to hospital;

(e) the day on which the Medical Officer was first informed of the illness or injury;

(f) the nature of the disease and or injury;

(g) when the deceased was last seen before his death by the Medical Officer or medical subordinate;

(h) when the prisoner died; and

(i) an account of the appearances after death, together with any special remarks that appear to the Medical Officer to be required.

(2) The report of such death shall forthwith be sent to the Superintendent and the Inspector General by the Medical Officer.
(3) When the Superintendent or Inspector General receives information that a person has committed suicide, or has been killed by another, or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has committed an offence, he shall immediately give information thereof to the nearest Executive Magistrate empowered to hold inquests, in accordance with sub-section (4) of Section 174 and Section 176 of the Code of Criminal Procedure, 1973 (2 of 1974) and such Magistrate shall hold an inquiry into the cause of death.

Deputy Superintendent

16. Deputy Superintendent to reside in prison. – The Deputy Superintendent shall reside in the prison, unless the Inspector General permits him in writing to reside elsewhere.

17. Deputy Superintendent to give notice of death of prisoners. – Upon the death of a prisoner, Deputy Superintendent shall give immediate notice thereof to the Superintendent and the Medical Officer.

18. Responsibility of Deputy Superintendent. – The Deputy Superintendent shall be responsible for the safe custody of the records to be kept under Section 12 for the commitment warrants and all other documents confided to his care, and for the money and other articles taken from prisoners.

19. Deputy Superintendent to he present at night. – The Deputy Superintendent 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.

20. Power of Assistant Superintendent. – An Assistant Superintendent shall, subject to the order of the Superintendent, be competent to perform any of the duties and he subject to all the responsibilities of a Deputy Superintendent under this Act or any rule made there under.

Subordinate Officer

21. Duties of gatekeeper. – The officer acting as gatekeeper, 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 immediately notice thereof to the Deputy Superintendent.

22. Subordinate officer not to be absent without leave. – Officers subordinate to Deputy Superintendent shall not be absent from the prison without leave from the Superintendent or from the Deputy Superintendent.

23. Utilisation of the services of prisoners. – The Superintendent may utilize the service of prisoners, in accordance with the rules, for efficient management of the prison.

CHAPTER IV

Admission, Removal and Discharge of Prisoners

24. Prisoners to be examined on admission. – (1) Whenever a prisoner is admitted in prison, he shall be searched, and all weapons and prohibited articles shall be taken from him.
(2) Every criminal prisoner shall also, after admission, be examined on the same day under the general or special orders of the Medical Officer, who shall enter or cause to be entered in a book, to he kept by the Deputy Superintendent, a record of the state of 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 a female prisoner, the search shall be carried out by the matron and the medical examination by the female medical officer.

25. Effects 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 brought to the prison for his use, shall be placed in the custody of the Deputy Superintendent.

26. Removal and discharge of prisoners. – (1) All prisoners, before being removed to any other prison, shall be examined by the Medical Officer/Female Officer, as the case may be.
(2) No prisoner shall be removed from one prison to another unless the Medical Officer/Female Medical Officer certifies that the prisoner is free from any illness rendering him unfit for removal.
(3) No prisoners shall be discharged against his will from prison if labouring under any acute or dangerous distemper, not until, in the opinion of the Medical Officer/Female Medical Officer, such discharge is safe.
(4) The Superintendent may leek orders, as soon as possible from the court of Chief Metropolitan Magistrate regarding further detention of a prisoner whose release orders have been received in local cases and against whom a production warrant from an outside court has been received by the Superintendent.

CHAPTER V

Discipline of Prisoners

27. Responsibility of Superintend. – The discipline in the prison shall be maintained by the Superintendent firmly, fairly and in equitable manner in accordance with the rules.

28. Separation of prisoners. – The requisition of this Act with respect to the separation of prisoners 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 a manner as to prevent their seeing or conversing with the male prisoners:
(2) female prisoners convicted or charged for an offence under the Immoral Traffic (Prevention) Act, 1956 (104 of 1956) for any sexual or other offence involving grave moral depravity, shall be segregated from all other types of female prisoners.
(3) in a prison where male prisoners under the age of twenty-one are confined, means shall be provided for separating them altogether from the other prisoners and for separating those of them who have arrived at the age of sixteen years but are below the age of eighteen years;
(4) un-convicted criminal prisoners shall be kept apart from convicted criminal prisoners;
(5) civil prisoners shall be kept apart from criminal prisoners;
(6) dangerous security prisoners shall be kept separately;
(7) detenus shall be kept apart; and
(8) all blood relation prisoners, separated on grounds of different sex, shall be allowed to met each other once a week in presence of a jail officer.

29. Association and segregation of prisoners. – Subject to the requirements of the last foregoing section, criminal prisoners may be confined either in association or individually in cells or partly in one way and partly in the other.

30. 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 the order of, the Superintendent and all articles shall be taken from him which the Superintendent deems it dangerous or inexpedient to leave in his possession.
(2) Every such prisoner under a finally executable sentence 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 Prisoners

31. Maintenance of certain prisoners from private sources. – A civil prison shall be permitted to maintain himself, and to purchase, or receive from private sources at proper hours and days foods, clothing, bedding or other necessaries, but subject to examination and to such rules as may be approved by the inspector General.

32. Restriction on transfer of. food and clothing between certain prisoners. – No part of any food, clothing, bedding or other necessaries belonging to any civil prisoners 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.

33. Supply of clothing and bedding to civil prisoners. – Every civil prisoner unable to provide himself with sufficient clothing, bedding and other necessities shall be supplied with such clothing, bedding and other necessities as may be prescribed in the rules.

CHAPTER VII

Employment of Prisoners

34. Employment of civil prisoners. – (I) Civil prisoners may, with the permission of the Superintendent, and subject to such restrictions as the Superintendent may impose, work and follow any trade or profession available in prison.
(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 determination by the Superintendent, for the use of implements and the cost of maintenance.

35. Employment of criminal prisoners.

 (1) A criminal prisoner desiring to be employed on labour, may be employed with the permission of the Superintendent subject to such restrictions as may be prescribed in the rules made under this Act.
(2) No criminal prisoner sentenced to labour or employed on labour at this 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 anyone day.
(3) 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 at the time.
(4) 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.

36. 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. No such prisoners shall be punished for neglect of work.

CHAPTER VIII

Health of Prisoners

37. Sick prisoners. – (1) The names of prisoners desiring to see the Medical Officer or medical subordinate or appearing out of health in mind or body shall, without delay, be reported by the officer-in-charge of such prisoners, to the Deputy Superintendent.
(2) The Deputy Superintendent shall without delay, call the attention of Medical Officer or 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 alteration of the discipline or treatment of any such prisoner.

38. Record of directions of Medical Officer. – All directions given by the Medical Officer or medical subordinate in relation to any prisoner, with the expectation 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 prisoners history ticket, or in such other record as the Government may by rule direct, and the Deputy Superintendent 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 Deputy Superintendent thinks fits to make, and the date of the entry.

39. Hospital. – In every prison a hospital/dispensary or proper place for the reception of sick prisoners shall be provided.

CHAPTER IX

Interviews and Letters

40. Interviews. – Due provisions shall be made for the admission at proper time and days and under proper restrictions, into every prison of person with whom prisoners may desire to communicate, care being taken that so far as may be consistent with the interest of justice, prisoners may see their duly authorized and qualified legal practitioners without the presence of any other person.

41. Search of visitor. – (1) The Deputy Superintendent may demand the name and address of any visitor to a prisoner, and when the Deputy Superintendent 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.
(2) In case of any such visitor refusing to permit himself to be searched, the Deputy Superintendent may deny him admission and the grounds of such record as the Government may direct.

42. Letters. – (1) A prisoner shall have the facility of writing such number of letters to his relatives and friends as may be prescribed.
(2) A prisoner may be allowed to write any number of letters at his cost.
(3) The Superintendent shall examine every letter written by a prisoner and may ask the prisoner concerned to delete any portion of the letter which, in his opinion, is likely to endanger the security of the State or prison or contains false information about the affairs of the prison.
(4) The Superintendent shall examine every letter sent to any prisoner from outside and delete any portion thereof which, in his opinion, is likely to endanger the security of the State or prison before it is delivered to the prisoner.
(5) The facility of writing letters is contingent on good conduct and may be withdrawn or postponed by the Superintendent on bad conduct.

CHAPTER X

Offences in Relation to Prisons

43. Penalty for introduction or removal of, into or from prison and communication with prisoners. – Whoever, contrary to any rule under Section 71 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 any prisoner, outside the limits of a prison, any prohibited article, and every officer or member of staff 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 ten thousand rupees, or to both.

44. Power to arrest for offence under Section 43. – When any person, in the presence of any officer of a prison, commits any offence specified in the last foregoing section and refuges 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:

45. Publication of penalties. – The Superintendent shall cause to be affixed in a conspicuous place outside the prison, a notice in official languages of Delhi setting forth the acts prohibited under Section 43 and the penalties incurred by their commission.

CHAPTER XI

Prison Offences

46. Prison offences. –

The following acts are declared to be prison offences when committed by a prisoner.
(1) such wilful disobedience to any regulation of prison as shall have been declared by rules made under Section 71 to be a prison offence;
(2) any assault or use of criminal force;
(3) wilfully injures himself;
(4) the use of insulting or threatening language;
(5) immoral or indecent or disorderly behaviour;
(6) wilfully disabling himself from labour;
(7) contumaciously refusing to work;
(8) filing, cutting. altering or removing handcuffs, fetters or bars without due authority;
(9) wilful idleness or negligence of work by any prisoner sentenced to rigorous imprisonment;
(10) wilfully mismanagement of work by any prisoner sentenced to rigorous imprisonment;
(11) wilful damage to prison property;
(12) tampering with or defacing history tickets, records or documents;
(13) receiving possessing or transferring any prohibited article;
(14) feigning illness:
(15) wilfully bringing a false accusation against any officer or prisoner;
(16) 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 for attack upon any prisoner or prison official;
(17) conspiring to escape, or to assist in escaping;
(18) converting or attempting to convert a prisoner to a different religious faith or wilfully hurting other’s religious feelings, beliefs and faith;
(19) failing to assist, or preventing other persons from assisting prison officials in suppressing violence, assault, riot, mutiny, attack, gross-personal violence, or in any other emergencies;
(20) sending messages surreptitiously by writing or speech or signs;
(21) participating in any riot or mutiny or abetting with another prisoner or prisoners to commit riot or mutiny;
(22) stealing, damaging, destroying, disfiguring or misappropriating any prison property or prisoners articles and property;
(23) refusing to eat food or goings on hunger strike:
Provided that this shall not be applicable to Male/Female prisoners on religious grounds and all possible facilities shall be extended to such prisoners in performance of their religious obligations.

(24) cooking unauthorisedly inside the cell or any place inside the prison;
(25) participating in, or organizing of, unauthorized activities, like gambling, drinking, dealing in intoxicated articles and the like;
(26) aiding or abetting the commission of any of the aforesaid offences; and
(27) any other unauthorized, unlawful or illegal act as may be specified in the rules.

47. Punishment of such prison offence. – (1) The Superintendent may himself conductor authorize an officer not below the rank of Deputy Superintendent to conduct an inquiry inside the prison of any person alleged to have committed an offence specified in Section 46 and impose any of the following punishments:
(a) a formal warning, which shall be personally addressed to the prisoner by the Superintendent and recorded in the punishment book;

(b) forfeiture of remission up to a period of thirty days at anyone time or, with the approval of the Inspector General, remove a prisoner from the remission system up to a period of six months;

Provided that the Inspector General shall have power to forfeit all earned remissions, other than remissions given by the Government, or to remove a prisoner from the remission system for the entire period of his imprisonment;

(c) stoppage of recreational facilities up to a period of one month or canteen facilities up to a period of three months or stoppage of interviews for a period of one month;

(d) in case of breaches and violations in conditions of release on parole or furlough, not counting the said period towards imprisonment;

(e) segregation up to a period of three months, and with the sanction of the Inspector General, up to a period of six months;

(f) separate confinement up to a period of one month at a time, and with the sanction of the Inspector General up to a period of three months subject to such conditions as may be prescribed.

Explanation: Separate confinement means such confinement with or without labour as schedules a prisoner from communication with, but not from sight of other prisoner and allows him not less than one hour’s exercise per day and to have his reads in association with one or more other prisoners.
(g) Cellular confinement for any period not exceeding fourteen days with the approval of Inspector General.

Provided that, after each period of cellular confinement, and interval of not less duration than such period must clause before the prisoner is again sentenced to cellular 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.
(2) While undergoing any of the punishments awarded under sub-section (1) above the following privileges may, however, be extended to the prisoners, namely:
(a) provision of letters and supply of religious and moral books as far as the rules of the prison provide;

(b) interviews with members of family of the prisoner may be granted in accordance with rules by the Superintendent except in case of punishment under clause (c) of sub-section 1 above.

48. Limitation to Award of punishment under Section 47. – (1) The Superintendent shall have power to award any of the punishments enumerated above.
Provided in the case of separate confinement for a period exceeding one month, the previous confirmation of the Inspector General shall be obtained.

(2) No officer subordinate to the Superintendent shall have power to award any punishment, whatsoever.
(3) No punishment shall be imposed without judicial appraisal of Sessions Judge and where such intimation, on account of emergency, is difficult, such information shall be given within two days of the action.
(4) Any incident of serious or repeated misconduct by a prisoner facing trial may be intimated by the Superintendent to the trial Court.

49. Punishment to be in accordance with foregoing sections. – Except by order of a Court of Law, no punishment other than the punishment specified in the foregoing sections shall be inflicted on any prisoner otherwise than in accordance with the provisions of those sections.

50. Entries in punishment book. – (1) In the punishment book prescribed in Section 12, there shall be recorded, in respect of every punishment inflicted, the 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, the punishment awarded, and the date of infliction.
(2) In the case of every serious prison offence, the names of witnesses and substance of their evidence, the defence of the prisoner, and the finding with the reasons therefore shall be recorded.
(3) Against the entries relating to each punishment, the Deputy Superintendent and. Superintendent shall affix their initials and evidence of the correctness of the entries.

51. Procedure on committal of in-house offence. – (1) 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 Chief Metropolitan Magistrate or of any Metropolitan Magistrate having jurisdiction, together with a statement of the circumstance 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 punishments enumerated in Section 47:
Provided that any such case may be transferred for inquiry and trial by the Chief Metropolitan Magistrate to any Metropolitan Magistrate.

(2) No person shall under sub-section (1) above be punished twice for the same offence.

52. Offences by prison subordinate. – (1) Every Deputy Superintendent or officer of a prison subordinate to him who shall be guilty of any violation of duty or wilful breach, or neglect of any rule regulation or lawful order made by competent authority or who shall withdraw from the duties of his office without permission, 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 a fine not exceeding ten thousand rupees, or to imprisonment for a period not exceeding six months, or to both.
(2) No person under sub-section (1) above shall be punished twice for the same offence.

53. Procedure for conducting enquiries for the award of punishment. – (1) No prisoner shall be awarded any punishment under Section 47 unless he has been informed of the offence alleged against him and given a reasonable opportunity of being heard in his defence;
(2) No prisoner shall be punished twice for the same offence;
(3) Subject to the provisions of sub-section (1) and (2) above, the Superintendent may follow such procedure, for the holding of inquiries including framing of charges against a prisoner, segregation of prisoners, pending inquiry, medical examination in case of inquiries, conduct of the inquiry and other matters regarding requests for appeal or revision, as may be prescribed;
(4) Where the act of the prisoner is an offence punishable under this Act and under the Indian Penal Code, 1860 (45 of 1860) or any local or special enactments, it shall be in the discretion of the Superintendent to deal with the case himself or send it to the concerned Magistrate:
Provided that where the offence committed is a cognizable offence punishable with imprisonment for a term of three years or above, he shall initiate proceedings for the offender.

54. Punishment for not fulfilling conditions subject to which remission, etc. was given. – (1) Where any prisoner fails without sufficient cause to observe any of the conditions on, or subject to, which his sentence was remitted or suspended, or he was released on parole or furlough, the competent authority may cancel such order granting remission, suspension, or parole or furlough, and
(a) If the prisoner is at large, he shall be arrested by any police officer without a warrant and remanded to undergo the unexpired portion of his sentence;

(b) shall on conviction by a Court, be punishable, in addition to the sentence he is undergoing with imprisonment for a term which may extend to two years, or with fine, or with both.

(2) No court shall take cognizance of an offence punishable under sub-section (1) except with the previous sanction of the Government or the authority which ordered the suspension, remission, parole, or furlough, as the case may be.

CHAPTER XII

Safe Custody and Security of Prisoners

55. Liability to provide safe custody and security of prisoners. – (1) The Superintendent shall be responsible to undertake effective measures to ensure safe custody and security of prisoners.
(2) Confinement in iron with the permission of the Court: whenever the Superintendent has reason to believe that a prisoner is likely to jump prison or break out of the custody in view of his proneness to violence or his tendency to escape or his being so dangerous or desperate that no other practicable way of preventing his escape is available except by confirming him in orphans, he may so confine him with the permission of the Court.
(3) Use of handcuffs and fetters in emergent situation — In emergent situations, it shall be open to the Superintendent to use handcuffs and fetters to secure any prisoners for reasons to be recorded in writing and under intimation to the District and Sessions Judge within twenty four hours of using such handcuffs or fetters.

56. Prisoners exempted from imposition of handcuffs and fetters. – No handcuffs and fetters shall be imposed in respect of

(i) Female prisoners;

(ii) Civil prisoners; and

(iii) Prisoners who are aged, physically infirm or seriously ill.

CHAPTER XIII

Miscellaneous

57. Redressal or grievances of prisoner. – (1) For the purpose of receiving grievances from the prisoners and for the redressal of any such grievance, a Grievance Redressal Committee may be appointed for each prison with the following, namely:

(a) Superintendent -Chairman

(b) Deputy Superintendent -Member

(c) Medical Officer -Member

(d) Welfare Officer -Member

(2) The Grievance Redressal Committee shall meet at least once a month to deal with petitions and representations from prisoners and it shall follow such procedure for the examination of such petitions or representations as may be prescribed.
(3) Any prisoner aggrieved by the decision of the Grievance Redressal Committee may appeal to the Deputy Inspector General within thirty days from the date of communication of such decision.
(4) Notwithstanding anything herein before contained, every prisoner shall be afforded full opportunity to make a complaint to the Inspector General or the District and Sessions Judge, who shall prescribe a mechanism for the redressal of such complaints.
(5) There shall be a Prison Advisory Board to advise the Government on the general governance of the jail in the manner as prescribed in rules.

58. Prohibition of strikes, etc.. – No person employed in the prison shall have any right to form any union or join any such union either inside or outside the prison for any purpose or for making or pressing any demands to strike or start or continue any agitation inside the prison for achiev in any request or demand.

59. Extramural custody, control and employment of prisoners. – A prisoner, when being taken to or from any prison in which he maybe lawfully confined, or whenever he is working outside or is otherwise beyond the limits of any such prison in 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 directions and discipline as if he were actually in prison.

60. Review of cases of criminal prisoners. – (1) The Government shall cause to be reviewed the cases of under trial prisoners detained in the prison for more than one year or in case when the detention is more than half of the maximum punishment for the offence provided under the law.
(2) The Government shall ensure that no under trial is detained in prison for a period exceeding the maximum period of punishment provided for the offence, or offences as the case may be, for which he has been detained.

61. Use of minimum force. – (1) For controlling any incident of rioting, any officer of the prison shall use as little force, and do as little injury to a person as maybe consistent with restoring order and detaining such person.
(2) Any officer of the prison may use minimum force against army prisoner escaping or attempting to escape, or using violence against any official of the prison or any other person.

62. Legal aid. – The Government shall endeavour to provide free legal aid for the prisoners.

63. Rehabilitation of prisoners. – The Government shall endeavour to undertake measures towards the rehabilitation of prisoners.

64. Persons of unsound mind. – No person of unsound mind other than a criminal shall be kept in prison.

65. Protective custody. – No person entitled to protective custody shall be kept in the prison.

66. Accounts and audit. – The accounts of every prison shall be maintained and audited in such manner as may be prescribed by the Government.

67. Training of prison official. – (1) The Government shall provide training to all person officials to refresh them about the responsibilities and rights of prisoners.
(2) The duration and syllabus of such training shall be prescribed by the Government.

68. Delegation of power. – Any of the powers conferred by this Act on the State Government may be exercised and performed by such officers as the State Government may designate in this behalf.

69. Exercise of powers of Superintendent and Medical Office. – AR or any of the powers and duties conferred and imposed by this Act on a Superintendent or Medical Officer may, in his absence, be exercised and performed by such other officers as the Government may appoint in his behalf either by flame or by his official designation.

70. Protection of action taken in good faith. – No suit; prosecution or other legal proceeding shall lie against the Government or any functionary of the Government in respect of anything which is done or intended to be done in good faith in pursuance of this Act or the rules made or orders or directions issued there under or acting in accordance with the provisions of sub-section (1) and (20) of Section 60.

71. Powers of Government to make rule. – (1) The Government may make rules generally to carry out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:
(i) Defining the acts which shall constitute person offences;

(ii) Determining the classification of prison offences into serious and minor offences;

(iii) Fixing the punishments admissible under this Act which shall he awardable for commission of prison offences or classes thereof;

(iv) Declaring the circumstances in which acts constituting both a prison offence and an offence under the Indian Penal Code, 1860 ( 45 of 1860) may or may not be dealt with as a prison offence;

(v) For the award of marks and the shortening of sentences;

(vi) regulating the use of force against any prisoner or body of prisoners in the case of a riot, outbreak or attempt to escape;

(vii) Defining the circumstances and regulating the conditions under which prisoners in danger of death may be released;

(viii) For the classification of prisons, and description and construction of wards; cells (ix) For the regulation by numbers; length or character of sentence, or otherwise, of the prisoners to be confined in each class of prisons;

(x) For the governance of prisons and for the appointment of officers under this Act;

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

(xii) For the employment, instruction and control of convicts within or without prisons;

(xiii) For defining articles, the introduction or removal of which into or out of prisons without due authority is prohibited;

(xiv) For regulating the disposal of the proceeds of the employment of prisoners;

(xv) For adopting measures to bring about co-ordination between various departments of the Government for upkeep, maintenance, welfare of the prisoners and for dealing with contingencies;

(xvi) For the classification and the separation of prisoners;

(xvii) For regulating the confinement of convicted criminal prisoner under Section 29;

(xviii) For the preparation and maintenance of history tickets;

(xix) For rewards for good conduct;

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

(xxi)For the treatment, transfer and disposal of mentally ill criminals confined in prisons;

(xxii) For regulating the transmission of appeals and petitions from prisoners and the communication with their friends;

(xxiii) For the appointment and guidance of visitors of prisons;

(xxiv) For extending any or all of the provisions of this Act and of the rules there under to subsidiary prisons or special places of confinement appointment under Section 417 of the Code of Criminal Procedure, 1973 (2 of 1974) and to the officers employed, and the prisoners confined, therein;

(xxv) In regard to the admission, custody, employment diet, treatment and release of I prisoners;

(xxvi) For periodic review of cases of criminal prisoners detained in prisons for more than one year and in cases when the detention is more than half of the maximum punishment for the offence;

(xxvii) For providing legal aid to prisoners;

(xxviii) For recruitment, training, conduct, punishment and appeal relating to the officials of the prisons;

(xxix) For the grant of parole, furlough and leave to prisoners;

(xxx) For the temporary release, suspension and remission of sentence of prisoners;

(xxxi) Generally for carrying into effect the purpose of this Act.

3. Every rule made by the Government under this Act shall be laid, as soon as may be after it is made, before the House of the Legislative Assembly of Delhi while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, the House agrees in making any modification in the rule or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

72. Exhibition of copies of Rules. – Copies of rules under Section 71 so far as they affect the governance of prisoners, shall be exhibited both in English and in official languages of the Delhi in some place to which all persons employed within the prison have access.

73. Repeal and savings. – (1) The Prisons Act, 1894 (IX of 1894) in its application to Delhi is hereby repealed.
(2) Notwithstanding the repeal by this Act of the Prisons Act, 1894 referred to in sub¬section (1) above, all rules, regulations, orders, directions, notifications relating to the prison administration in Delhi, made under the Prisons Act, 1894 and in force immediately before the commencement of this Act shall, except where and so far as they are inconsistent with or repugnant to the provisions of this Act, continue in force until altered, amended or repealed by rules made under this Act.

74. Power to remove difficulties. – (1) If any difficulty arises in giving effect to any of the provisions of this Act, the Government may, by order published in the Official Gazette, make such provisions or take such measures, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of a period of three years from the date of the commencement of this Act.

(2) The Government may make an order under sub-section (1) to have effect from any date not earlier than the date of the commencement of this Act.
(3) An order made under sub-section (1) shall be laid, as soon as may be after it is made, before the House of the Legislative Assembly of Delhi.


Delhi Jail Manual

Classification of prisoners West Bengal Correctional Services Act, 1992

Jail

CHAPTER VII [Section 24 to

24. Classification of prisoners. – (1) The prisoners detained in correctional homes shall be classified as follows :-
(a) civil prisoners,
(b) criminal prisoners,
(c) under-trial prisoners,
(d) convicted prisoners,
(e) habitual offenders,
(f) non-habitual offenders,
(g) political prisoners,
(h) detenus,
(i) lunatics-criminal and non-criminal.

(2) The prisoners referred to in clauses (a) to (h) shall further be classified into male prisoners and female prisoners according to their sex and into Division I prisoners and Division II prisoners in terms of the provisions of section 25.
(3) (i) Any person committed to a correctional home by a civil court under the provisions of the Code of Civil Procedure, 1908, or any other law for the time being in force, shall be classified as a civil prisoner.
(ii) Any person committed to a correctional home by any court or authority for any offence punishable under the Indian Penal Code or any other law for the time being in force or by an order of a court-martial under a writ or order, duly sealed and signed by such court or authority, shall be classified as a criminal prisoner.
(iii) Any person committed to a correctional home having been accused of any offence shall, until he is convicted for that offence or any other offence by any court, be classified as under-trial prisoner.
(iv) Any other person committed to a correctional home in respect of whom any order of conviction has been made by any competent court and a person committed to the custody of a correctional home in default of payment of fine or furnishing security under any proceeding under sections 107 to 110 of the Indian Penal Code shall be classified as a convicted prisoner.
(v) Any prisoner coming within the meaning of clause (f) of section 2 shall be described as a habitual offender. All other prisoners shall be described as non-habitual offenders.
[(vi) Any person arrested or convicted on a charge of having committed or attempting to commit or aiding or abetting the commission of any offence, coming within the purview of any offence punishable under the Indian Penal Code or any other law for the time being in force, in furtherance of any political or democratic movement or public agitation, shall be classified as political prisoner.

Provided that any member or supporter or any person having any involvement with any organisation which is either prescribed or is an organisation or similar organisation under any law for the time being in force, shall not be classified as political prisoner.

Explanation. – For the purposes of this clause, the expression “any offence committed or alleged to have been committed in furtherance of any political or democratic movement or political agitation” means a movement or public agitation sponsored or carried out by any political party or any group or association of persons for furtherance of any political objective securing humans rights or undertaking activities for social reform but does not include any political or democratic movement or public agitation by any group based on any communal, regional, linguistic or caste considerations against any other similar group.]

Explanation. – (1) An offence coming with the purview of Chapter VI of the Indian Penal Code shall always be deemed to be a political offence.
(2) The provision of a law under which an offender is charged shall not be material. A person charged under section 302 or section 379 or section 395 or section 411 of the Indian Penal Code may be classified as a political prisoner if his case satisfies the requirement of this clause;
(b) any movement or public agitation sponsored or carried on by any political party or any group or association of persons for furtherance of any political ideology or for securing or safeguarding any political right, objective or relief with a view to obtaining common good for the people in general or any section thereof or for the remedy of any injustice of political nature done to any individual shall be interpreted as a political movement;
(c) any movement or public agitation sponsored or carried on by any political party or any group or association of persons for securing common good for the people in general or any section thereof or for securing and safeguarding any well-recognised human right, or for undertaking activities in the field of social reform or for ameliorating the living condition of the afflicted or poorer section of the community or for securing reforms or for safeguarding public interest in social, economic, educational and cultural matters, or for securing remedy of any injustice done to any individual or body of individuals in those matters, shall be interpreted as a democratic movement;
(d) for the removal of doubts it is hereby declared that trade union activities and collective activities sponsored or carried on for securing justice and well being of the working class and collective activities for safeguarding the interest of tillers of land or for betterment of conditions of their labour and living shall be deemed to be a democratic movement:

Provided that a movement or public agitation by any communal, regional, linguistic, religious, racial, sectional or caste group sponsored or cared on against any other like group shall not be deemed to be a political or democratic movement:

Provided further that any movement based on religious, regional, communal, racial or caste consideration or any movement for promoting any interest, other than social or economic interest, by any religious, regional, communal or racial or caste people or any movement for placing impediment or obstruction in the matter of advancement of any section or sections of the people, shall not be treated as a political or democratic movement.
(vii) Any person who has been committed to a correctional home by warrant, writ or order issued under any law providing for preventive detention or any person detained without any opportunity of trial under any law for the time being in force, shall be classified as a detenue.
(viii) Any person who has been committed to the custody of a correctional home by a warrant, writ or order made by a court for an alleged offence under any law for the time being in force or for serving sentence for an offence punishable under any law for the time being in force shall be classified as a criminal lunatic if he-
(a) is found to be of unsound mind on the date of his admission into a correctional home; or
(b) is found to have developed unsoundness of mind after his admission into a correctional home but before his conviction;
(c) is found to have developed unsoundness of mind after his admission into a correctional home and after his conviction:

Provided that a person classified as a criminal lunatic under this clause shall cease to be so classified as soon as he is declared by a psychiatrist to have been cured of unsoundness of mind and shall, thereafter, be classified as a criminal prisoner.
(ix) Any prisoner confined in a correctional home on grounds of unsoundness of mind, who is not charged with any offence and against whom no criminal case is pending in any court, shall be classified as non-criminal lunatic.

25. Division I and Division II prisoners. – (1) A prisoner, whether convicted or under-trial, who by his social status, education and habits of life is found to have been accustomed to a superior mode of living, shall be classified as a Division I prisoner unless-

(a) he is found to be a habitual offender; or
(b) he is convicted of-
(i) an offence involving grave cruelty or grave moral turpitude, or
(ii) an offence involving illegal hoarding, storage, movement or disposal of any essential commodity, or
(iii) an economic offence of grave social consequences, or
(iv) an offence of cheating, forgery, outraging modesty of any female, rape or sodomy.
(2) All political prisoners and political detenus referred to in sub-section (2) of section 27 shall be entitled to all the privileges and amenities of Division I prisoners and also to such other privileges and amenities as may be prescribed in addition to the amenities referred to in sub-section (4) of section 35 and section 105.
(3) All prisoners, other than political prisoners or political detenue or those classified as Division I prisoners, shall be classified as Division II prisoners.

26. Power to classify prisoners. – (1) The power to classify a prisoner or a detenue as a Division I prisoner or political prisoner or a detenue as a political detenue initially shall lie with the court to which such prisoner is produced or the authority which remands of detenue to a correctional home. Such prisoner or detenue shall also be entitled to apply for such classification. If such court or authority refuses to make the classification, a petition shall lie in case of a prisoner other than detenue before the Sessions Judge to whom the court of the first instance is subordinate. In the case of a detenue, such petition shall lie before the Sessions Judge of the district of his residence.
(2) Pending classification of a prisoner by a competent court or authority, the Inspector General of Correctional Services may, after considering the relevant criteria, classify a prisoner temporarily as Division I prisoner or a political prisoner or a political detenue.

27. Classification of detenus. – (1) The detenus shall be classified as political detenus and general detenus.
(2) A detenue shall be classified as a political detenue if-
(a) the charges or any of the charges mentioned in the warrant or order of his arrest or in the memorandum of charges accompanying such warrant or order, indicate activities of a political nature, or
(b) his arrest or order of detention has any connection with any political or democratic movement or any of the charges reveals his association with any such movement, or
(c) he is a person usually associated with political activities and there is reason to believe that he has been arrested principally on political consideration.
(3) All detenus, other than those classified as political detenus under subsection (2), shall be classified as general detenus.
(4) (i) All unsocial elements, professional goondas and economic offenders remanded to correctional homes by way of preventive detention under any law for the time being in force, shall be classified as general detenus.
(ii) Any person in respect of whom an order of preventive detention has been made for his involvement in an act which incites or tends to bitterment of feeling between different communities or in any act or movement which may lead to the secession of any part of the territory of India, shall also be classified as a general detenue.

Administration of correctional homes under West Bengal Correctional Services Act, 1992

Jail

CHAPTER IV

Administration of correctional homes

5. Chief officer and other officers of correctional services. – (1) The Inspector General of Prisons, Additional Inspector General of Prisons and Deputy Inspector General of Prisons under the Prisons Act, 1894, shall, on and from the date of commencement of this Act, be designated as the Inspector General of Correctional Services, Additional Inspector General of Correctional Services and Deputy Inspector General of Correctional Services respectively.
(2) The Inspector General of Correctional Services shall be the Chief officer of correctional homes and correctional services and the control and superintendence of correctional services shall vest in him.
(3) The State Government may appoint such number of Additional Inspector General of Correctional Services and Deputy Inspector General of Correctional Homes and Correctional Services to assist the Inspector General of Correctional Services as the State Government may consider necessary.
(4) All officers of the below the rank of Additional Inspector General of Correctional Services, appointed under the provisions of this Act, shall be deemed to be subordinate to the Inspector General of Correctional Services, and shall be bound to obey his orders, directions and instructions.

6. Officers and staff of central correctional homes, district correctional homes and special correctional homes. – (1) The Jailor, Deputy Jailor and Sub-Jailor under the Prisons Act, 1894, shall, on and from the date of commencement of this Act, be designated as the Chief Controller of Correctional Services, Controller of Correctional Services and Assistant Controller of Correctional Services respectively.
(2) For every central correctional home, district correctional home and special correctional home, there shall be a Superintendent and such number of Medical Officer, Chief Controller of Correctional Services, Chief Welfare Officer, Welfare Officer and other officer and staff as the State Government may from time to time appoint. The Superintendent shall be the officer-in-charge of the correctional home and correctional services and shall have control and superintendence of the correctional home and all other officers and staff shall be subordinate to him and shall render due obedience to his orders, instructions and directions.
(3) The State Government may, for proper administration of any central correctional home, district correctional home or special correctional home, appoint such other officers and staff as it may consider necessary.
(4) The qualifications and the method of recruitment of the officers and staff of the correctional homes shall be such as may be prescribed.

7. Officers and staff of subsidiary correctional homes. – (1) (a) The Sub-Divisional Officer of every sub-division shall be the ex officio Superintendent of the subsidiary correctional home of the sub-division and the Sub-Divisional Medical Officer of every sub-division shall be the ex officio Deputy Superintendent of the subsidiary correctional home of the sub-division.
(b) There shall be such other officers and staff in every subsidiary correctional home as the State Government may from time to time appoint.
(2) The Sub-Divisional Officer or, in his absence, such other officer as may be authorised by him shall pay visit to the subsidiary correctional home at least twice a week.
(3) The Sub-Divisional Medical Officer shall pay visit to the subsidiary correctional home at least twice a week. He shall take necessary measures for treatment of prisoners confined in the correctional home as and when he is informed of any ailment of a prisoner by any officer of the correctional home. He may also delegate to any Medical Officer subordinate to him all his duties and functions as Deputy Superintendent of the correctional home.

8. Chief Controller of Correctional Services. – (1) The Chief Controller of Correctional Services shall, subject to the control and supervision of the Superintendent, be in charge of the correctional home and shall be the custodian of the prisoners and the properties of the prisoners and the correctional home.
(2) The Chief Controller of Correctional Services shall-
(i) give, on the death of a prisoner in a correctional home, immediate report of such death to the Superintendent and the Medical Officer of the correctional home, narrating in brief the circumstances under which the prisoner died;
(ii) be responsible for the safe-custody of the records of the condemned warrants and all other documents and the money and other articles taken from the prisoners;
(iii) perform such other duties and discharge such other functions as may be prescribed; and
(iv) not, without previous permission of the Inspector General of Prisons and Director of Correctional Services, be concerned with any other employment.
(3) The Chief Controller of Correctional Services shall be provided with residential quarters adjacent to the correctional home and he shall not, without previous permission in writing obtained from the Superintendent, leave his quarters for any private business or reside elsewhere. If, for any unavoidable reasons, the Chief Controller of Correctional Service is required to leave his quarters temporarily without previous permission of the Superintendent, he shall, before leaving his quarters place an officer immediately subordinate to him in charge of the correctional home during his absence. The Chief Controller of Correctional Services shall, immediately on his return, inform the Superintendent giving the details of the hour at which he left his quarters and the hour at which he returned to the quarters and the circumstances under which he was compelled to leave his quarters without previous permission of the Superintendent.

9. Controller of Correctional Services. – The State Government may appoint one or more Controllers of Correctional Services for each correctional home (other than a subsidiary correctional home) as it may consider necessary. Subject to the control of the Superintendent, the Controller of Correctional Services shall be competent to perform all or any of the duties of the Chief Controller of Correctional Services and shall perform such other duties as may be prescribed.

10. Discipline of Officers. – (1) For each central correctional home, there shall be a Chief Discipline Officer and such number of Discipline Officer who shall be subordinate to the Chief Discipline Officer, as the State Government may appoint.
(2) The Chief Discipline Officer shall have the same rank and status as that of the Chief Controller of Correctional Services and the Discipline Officer shall have the same rank and status as that of the Controller of Correctional Services. The qualifications and terms and conditions of service of the Chief Discipline Officer and the Discipline Officer shall be such as may be prescribed.
(3) The Chief Discipline Officer shall supervise the performance of the Discipline Officer. It shall be the duty of the Chief Discipline Officer and the Discipline Officer-
(a) to go on round inside the correctional home to ensure proper and effective watch by the warders and observance of rules by the prisoners and to take measures against slackening of security and discipline at the gate of the correctional home;
(b) to assist the Chief Controller of Correctional Services in the maintenance of security and discipline in the correctional home, specially in between gates;
(c) to receive prisoners from courts, other correctional homes and places of detention with requisite writs, warrants or orders along with the prisoners’ personal cash and other properties and to pass the prisoners;
(d) to supervise the work of the gate keepers;
(e) to prevent smuggling of any prohibited or unauthorised article in the correctional home;
(f) to check with reference to challans and gate passes of articles coming into or passing out of the correctional home and keep accounts thereof in the gate register of articles to be maintained for the purpose;
(g) to search all prisoners passing into or out of, or coming into or going out of, the gate of the correctional home;
(h) to receive officials and non-official visitors with due respect at the gate;
(i) to attend the weekly inspection by the Superintendent and the ceremonial parades;
(j) to perform such other duties as the Superintendent may allot from time to time.
(4) In addition to the duties as aforesaid, the Chief Discipline Officer may search head warders, warders and other subordinate staff of the correctional home and all persons going into, or coming out of, the correctional home. The Chief Discipline Officer shall not search any non-official visitor without special order of the Superintendent. If the Chief Discipline Officer has reasons to believe that any person exempted from search is carrying any prohibited or unauthorised article, he may stop such person between the gates and refer the matter to the Superintendent and shall act according to his direction.

11. Chief Welfare Officer and Welfare Officer of correctional home. – (1) The State Government may, for each of the central correctional home, district correctional home and special correctional home, appoint such number of Chief Welfare Officers and Welfare Officers as it may consider necessary. The Chief Welfare Officer shall have the rank and status of the Superintendent of a district correctional home and the Welfare Officer shall have the rank and status of the Chief Controller of Correctional Services. The qualifications and the terms and conditions of service of the Chief Welfare Officers and the Welfare Officers shall be such as may be prescribed.
(2) It shall be the duty of the Welfare Officer-
(a) to look after the correctional services and to see that the prisoners are not deprived of the amenities and privileges under this Act or under any other law for the time being in force;
(b) to organise and develop recreational, educational and cultural activities (including sports, games, physical culture and the like) amongst the prisoners;
(c) to give incentive to literary and artistic pursuits to the prisoners;
(d) to make efforts for betterment of educational, moral, cultural and vocational equipments of the prisoners;
(e) to perform such other duties as may be prescribed.

12. Assistant Controller of Correctional Services. – For each subsidiary correctional home, there shall be appointed an Assistant Controller of Correctional Services who shall act as the Chief Officer of administration of the correctional home, subject to the control and superintendence of the Superintendent of the correctional home, and the provisions of sub-rules (2) and (3) of the rule 8 shall, mutatis mutandis, apply to the Assistant Controller of Correctional Services.

13. Subordinate staff of correctional home. – The State Government shall appoint such number of subordinate staff with such designation as may be prescribed for efficient conduct of correctional homes. The duties and functions of such subordinate staff shall be such as may be prescribed.

14. Security staff of correctional home. – (1) For proper security of correctional homes and of the staff thereof and of the prisoners confined therein, there shall be the following categories of security staff in each correctional home :-
(i) one chief head warder;
(ii) one or more head warders as may be considered necessary having regard to the usual population of the home;
(iii) such number of gate warders as may be considered necessary;
(iv) such number of other warders as may be considered necessary.
(2) The gate warder shall guard the gate of the correctional home, open and close the gate according to necessity, and perform other consequential and incidental duties. He may at any time stop and search any person suspected of bringing any prohibited article into the correctional home or of carrying out any property belonging to the correctional home and shall report to the Chief Controller of Correctional Services about the discovery of such article or property.
(3) Any officer of the correctional home may, in the case of any suspicion about the entry into the correctional home of any prohibited article or about the carrying out any property belonging to the correctional home, stop and search or cause to be searched any person suspected or bringing such prohibited article or of carrying out such property and shall immediately report to the Chief Controller of Correctional Services about the discovery of such article or property.
(4) The uniform of the security staff shall be such as may be prescribed.

15. Night watchman, night guard and helper. – (1) The Superintendent of a correctional home may deploy any convict of good conduct and unblemished record during imprisonment, who has been sentenced for the first time to rigorous imprisonment for a term exceeding one year and has served fifty per cent, of the term of imprisonment, as a night watchman.
(2) There shall be deployed at least two night watchmen in each ward. One shall be on duty from the time of evening lock-up till 12 p.m. and the other shall be on duty from 12 P.M. till the lock-up is opened in the morning. A night watchman shall be entitled to patrol inside the ward to perform his duties and shall generally be entrusted with the task of-
(i) counting of prisoners under lock-up in the ward between the time of evening lock-up and opening the lock-up in the morning;
(ii) maintaining vigilance inside the ward in which he is placed on duty during night and seeing that nothing which is punishable or prohibited under any law for the time being in force is done inside the ward;
(iii) bringing to the notice of the warder on duty any culpable act which is likely to be committed but cannot be prevented by him.
(3) A prisoner deployed as a night watchman shall be entitled to three days’ remission in a month in addition to ordinary remission but shall not be entitled to any wages for working as a night watchman. He shall get his wages for his usual work during day time.
(4) The Superintendent of a correctional home may, with the prior approval of the Inspector General of Correctional Services, deploy any convict, who has maintained good conduct throughout his imprisonment having been sentenced to rigorous imprisonment for a term exceeding three years and has served seventy-five per cent, of his term of imprisonment, as a night guard. The night guard shall generally assist the security staff of the correctional home during night and shall wear blue badges for identification. The night guard may, if necessary, be posted outside the wards inside the correctional home to perform security duties. The night guard shall be entitled to five days’ special remission, in addition to the ordinary remission, per month. The convict deployed as a night guard shall not get any wages for performing security duties at night but shall be entitled to wages for his usual work during day time.
(5) The Superintendent of a correctional home may deploy a prisoner of good conduct whom he thinks to be trustworthy as a helper for carrying messages and doing sundry duties as may be given to him by the Superintendent. For such duty the helper shall be entitled to two days’ special remission, in addition to his ordinary remission, per month.

16. Officers and staff not to leave station without leave. – No officer or other staff of a correctional home shall leave station without obtaining leave from the Superintendent of the correctional home or from any other officer subordinate to the Superintendent and empowered to grant leave under the rules made under this Act.

17. Training of officers and staff. – The State Government may establish a training college for training of officers and all categories of staff of correctional homes. Until such college is established, the State Government may arrange in the prescribed manner for the training of the officers and staff of different correctional homes in any recognised institutions imparting such training.


West Bengal Correctional Services Act, 1992

the State of West Bengal

Chapters:-

  1. Preliminary
  2. Establishment of different categories of correctional home
  3. Functions of correctional homes
  4. Administration of correctional homes
  5. Administration of prisoners
  6. Delivery of prisoners
  7. Classification of prisoners
  8. Advisory Boards
  9. Visitors
  10. Care and treatment of prisoners
  11. Educational facilities
  12. Hygiene and sanitary arrangements
  13. Medical administration and medical care
  14. Recreation
  15. Letters, interviews and interrogations
  16. Labour and wages in correctional home
  17. Remission, Release and Parole
  18. Transfer prisoners
  19. Female prisoners
  20. Condemned Prisoners
  21. Criminal and non-criminal lunatics
  22. Under-trial prisoners
  23. Special provisions for Division I prisoners
  24. Prisoners’ attendance in courts
  25. Rights of prisoners
  26. Offences and punishment
  27. Probation and after-care services
  28. Open correctional homes
  29. Prisoners’ Panchayat
  30. Miscellaneous provisions

Sections:-
1. Short title, extent and commencement.
2. Definitions.
3. Establishment of different categories of correctional home.
4. Functions of correctional homes.
5. Chief officer and other officers of correctional services.
6. Officers and staff of central correctional homes, district correctional homes and special correctional homes.
7. Officers and staff of subsidiary correctional homes.
8. Chief Controller of Correctional Services.
9. Controller of Correctional Services.
10. Discipline of Officers.
11. Chief Welfare Officer and Welfare Officer of correctional home.
12. Assistant Controller of Correctional Services.
13. Subordinate staff of correctional home.
14. Security staff of correctional home.
15. Night watchman, night guard and helper.
16. Officers and staff not to leave station without leave.
17. Training of officers and staff.
18. Admission of prisoners.
19. Segregation of prisoners.
20. Transfer of food, clothing, bedding, etc. and supply of food from outside.
21. Persons committed by High Court.
22. Persons committed by Chief Metropolitan Magistrate.
23. Detention as civil prisoners.
24. Classification of prisoners.
25. Division I and Division II prisoners.
26. Power to classify prisoners.
27. Classification of detenus.
28. State Advisory Board for Correctional Services.
29. District Advisory Boards for Correctional Services.
30. Panel of visitors.
31. Visit to correctional homes by Members of Parliament and Members of West Bengal Legislative Assembly.
32. Accommodation of prisoners.
33. Prisoners’ food.
34. Clothing, bedding and dressing material of prisoners.
35. Educational facilities.
36. Library.
37. Hygienic and sanitary measures.
38. Prisoners’ right to medical care.
39. Chief Medical Officer of correctional homes.
40. Medical Officers.
41. Medical subordinates.
42. Medical administration of subsidiary correctional homes.
43. Treatment of lunatics.
44. Segregation of sick prisoners.
45. Transfer of sick prisoners.
46. Death of a prisoner to be communicated.
47. Service of specialists.
48. Dentists and eye specialists.
49. Recreations.
50. Letters.
51. Interviews.
52. Interrogation by Police.
53. Classification of labour.
54. Fitness of prisoners.
55. Wages.
56. Working hour.
57. Industrial undertakings.
58. Remission.
59. Special remission to examinees.
60. Remission Register.
61. Release.
62. Release on parole.
63. Surrender of prisoner released on parole.
64. Transfer of prisoners.
65. Transfer of ex military persons or other persons committed by a civil court to the States of their origin.
66. Correctional homes for female prisoners.
67. Segregation of female prisoners.
68. Works to be performed by female prisoners.
69. Confinement of female prisoner with child.
70. Privileges of condemned prisoners.
71. Appeal by condemned prisoner.
72. Confinement of non-criminal lunatics.
73. Confinement of criminal lunatics.
74. Under-trial prisoners.
75. Accommodation for Division I prisoners.
76. Other amenities.
77. Prisoners’ attendance in courts.
78. Issue of Commission for examination of prisoners in correctional home.
79. Rights of prisoners.
80. Offence committed by a prisoner in correctional home.
81. Punishment for offences committed by prisoners within correctional home.
82. Offences punishable under the Indian Penal Code, etc.
83. Offences by persons employed in correctional home.
84. Amalgamation of service on probation and after-care services.
85. Rehabilitation assistance.
86. Rehabilitation assistance for indigent and disable persons.
87. Advisory Committee.
88. Establishment of open correctional homes.
89. Selection Board.
90. Release of prisoner in open correctional home on parole.
91. Privilege of prisoners accommodated in ‘C’ type open correctional home.
92. Recreational facilities for prisoners in open correctional homes.
93. Reward for meritorious work.
94. Medical attendance and care of prisoners in open correctional home.
95. Review.
96. Inspection.
97. Financial and administrative control.
98. Prisoners’ Panchayat.
99. Accounts and audit.
100. Codification of rules and orders etc.
101. Custody of prisoners during transmission.
102. Release by order of High Court.
103. Training Institution for employees of correctional homes.
104. Employees not to have interest in contract etc.
105. Special provisions for detenus.
106. Power to make rules.
107. Removal of difficulties.
108. Repeal, saving and validation.


West Bengal Act 32 of 1992

[13th June, 1997.]

An Act to amend and consolidate the law relating to prisons and persons detained therein in West Bengal.
Whereas it is expedient to amend and consolidate the law relating to prisons and persons detained therein in West Bengal and to provide for matters connected therewith or incidental thereto ;
It is hereby enacted as follows :-

CHAPTER I

Preliminary

1. Short title, extent and commencement. – (1) This Act may be called the West Bengal Correctional Services Act, 1992.
(2) It extends to the whole of West Bengal.
(3) It shall come into force on such date as the State Government may by notification appoint, and different dates may be appointed for different provisions of this Act.

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

(a) “after-care service” means the activity aimed at financial rehabilitation of released prisoners as normal and good citizens ;
(b) “confinement” means confinement in a correctional home, and includes detention therein under any law providing for preventive detention ;
(c) “correctional home” means any place used permanently or temporarily under the orders of the State Government for detention of persons, whether under-trial or convicted, in accordance with any order for confinement under any law providing for preventive detention or any other law for the time being in force, but does not include a place for confinement of a person under the custody of the police ;
(d) “correctional services” means the services maintained by the State Government for proper management, administration and functioning of correctional homes ;
(e) “court” means a court established by any law for the time being in force, and includes any officer or authority vested with the powers of exercising civil or criminal jurisdiction under any law for the time being in force ;

(f) “habitual offender” means a prisoner who having been convicted for an offence of theft, robbery, dacoity, kidnapping, abduction, extortion or misappropriation of public money or property or for an offence punishable under the Bengal Excise Act, 1909 or the Central Excises and Salt Act, 1944 or the Bengal Suppression of Immoral Traffic Act, 1933 or on a charge of adulteration of food or medicine or carrying trade in illicit transport of goods or illicit sale of contraband goods, is again convicted on a charge of any of the aforesaid offences ;

(g) “history-ticket” means the ticket exhibiting such information as is required in respect of a prisoner by or under this Act or the rules made thereunder ;

(h) “notification” means a notification published in the Official Gazette;

(i) “offence” means an act punishable under any law for the time being in force with imprisonment, whether substantive or in default of a fine or in default of furnishing security ;

(j) “prescribed” means prescribed by rules made under this Act;

(k) “prisoner” means a person confined in a correctional home under a writ, order or warrant made by a court or authority under any law for the time being in force ;
(l) “prohibited article” means an article the introduction or removal of which into or out of correctional home is prohibited by or under this Act or the rules thereunder ;
(m) “rehabilitation assistance” means financial or any other assistance given to a released prisoner for the purpose of his rehabilitation into the society as an ordinary citizen ;

(n) “remission” means the period to be deducted in accordance with the provisions of this Act and the rules made thereunder from the total period of sentence imposed on a prisoner ;

(o) “rule” means a rule made under this Act.

CHAPTER II

Establishment of different categories of correctional home

3. Establishment of different categories of correctional home. – (1) The State Government shall by notification establish the following categories of correctional home :-
(a) central correctional home ;
(b) district correctional home ;
(c) special correctional home ;
(d) subsidiary correctional home ;
(e) correctional home for women ;
(f) open correctional home ;
(2) A central correctional home shall affiliate to itself a district correctional home or special correctional home or subsidiary correctional home or correctional home for women in such manner as may be prescribed.
(3) The State Government shall by notification determine the number of any category of correctional home and the place at which correctional home shall situate.
(4) An open correctional home shall not be surrounded by any boundary wall and shall be used for confinement of such long-term prisoners and on such conditions as may be prescribed, for giving such prisoners more liberty and more opportunity of association with the social life outside a correctional home and facilitating their after-release rehabilitation.

CHAPTER III

Functions of correctional homes

4. Functions of correctional homes. – The functions of a correctional home shall be –
(a) to keep in custody the prisoners committed to it under any writ, warrant or a order of any court or other competent authority ;
(b) to give correctional treatment to the prisoners in custody so as to efface from their mind the evil influence of antisocial ways of life and rehabilitate them in the society as good and useful citizens ;
(c) to adopt measures whereby a prisoner confined therein may not fall prey to the depriving mental attitude which may make him believe that he is lost to the society and it is his fate to pass the rest of his life as a social outcast;
(d) to adopt measures calculated to rouse in the mind of a prisoner a healthy social sense and a sense of abhorrence against the antisocial ways of life and an impulse for returning to normal social life as a good and useful citizen ;
(e) to provide the prisoners with food, clothing, accommodation and other necessaries of life and adequate medical treatment and care in case of sickness ;
(f) to adopt measures –
(i) to put the prisoners sentenced to rigorous imprisonment to labour in the manner prescribed ;
(ii) to put the prisoners to vocation-oriented labour so that after release they may find themselves equipped with bread-earning vocations ;
(iii) to provide for usual maintenance services such as cooking of food, washing of clothings, and sanitary services on roster basis enabling the maximum number of prisoners to get an opportunity of learning bread earning avocation;
(g) to take measures for mental and moral uplift of the prisoners and to provide them with educational and other facilities for upgrading their qualities, character and mental attitude ;
(h) to take measures for its security and the security of the prisoners with due safeguard to ensure that it does not become a place of horror instead of being an institution for correction ;
(i) to adopt measures to ensure effective after-care service of the released prisoners ;
(j) to enforce discipline among its officers and other employees and the prisoners in accordance with the provisions of this Act and the rules made thereunder ;
(k) to provide such other facilities and amenities to the prisoners as the State Government may prescribe.

CHAPTER IV   Administration of correctional homes

CHAPTER V

Admission of prisoners

18. Admission of prisoners. – (1) No prisoner or any other person shall be admitted into a correctional home for detention unless a warrant, writ or order authorising his detention signed by a competent authority and duly sealed, is produced before the officer who, for the time being, remains in charge of the correctional home.
Explanation.- For the purpose of this section, the expression “competent authority” shall mean the officer or authority duly empowered under any law for the time being in force to issue warrant, writ or order for detention of a person in the custody of a correctional home.
(2) Every prisoner or person received in a correctional home for detention shall, before admission under sub-section (1), be searched at the Gate Office and the searching officer shall take into custody such articles as are not permitted under this Act or the rules made thereunder to be taken inside the correctional home. The search shall be made in such manner as may not subject the prisoner or the person to unnecessary harassment, humiliation or ignominy. A female prisoner or person shall be searched by the matron or a female warder. When a female prisoner or person is admitted into a correctional home and there is no other female prisoner or person, a female warder shall be deputed to remain inside the ward where such female prisoner or person is accommodated.
(3) A register for recording the weight of every newly admitted prisoner or person shall be maintained in the office of the correctional home by the Medical Officer. After admission, every prisoner or person shall be weighed on a weighing machine kept in the office of the correctional home and his weight shall be recorded with date on which he is weighed in the register as aforesaid before he is sent to any cell or ward.
(4) A prisoner or person admitted into a correctional home shall be produced on the date following the date of admission before the Superintendent of the correctional home and shall be examined by the Medical Officer of the correctional home. In course of such examination, the Medical Officer shall take the weight of the prisoner or person and record the same in the register maintained in the hospital for the correctional home as well as in the history ticket of such prisoner or person.
(5) Within seven days from the date of admission of a prisoner or person in the correctional home, the Superintendent of the correctional home shall cause to be registered such descriptive roll in respect of the prisoner or person and in such form as may be prescribed.
(6) Any officer or authority (other than the presiding officer of a court) issuing any warrant, writ or order for detention of a person in a correctional home shall clearly mention in the warrant, writ or order, as the case may be, the provisions of the law under which the said person is being detained and the provisions of the law which authorise such officer or authority to issue such warrant, writ or order.
When the committal of a person is not charged with any offence against the provisions of any law for the time being in force, the warrant, writ or order shall indicate the same.
(7) The articles recovered from a prisoner or a person at the time of search before admission, other than those which are not permitted to be taken in the correctional home under the provisions of this Act or the rules made thereunder or any other law for the time being in force, shall be recorded in the register kept in the office of correctional home as personal effects of such prisoner or person. If any of the prohibited articles as aforesaid is perishable, the same shall be destroyed and if it is not perishable, the same shall be seized and kept in safe custody and the details of such seizure shall be recorded in the register maintained in the office of the correctional home.
(8) All money, jewellery or other valuable articles detected from a prisoner or person on search at the time of admission into a correctional home, if there is no order from a competent court for seizure thereof, and all articles subsequently sent by any friend or relative of the prisoner or person for his use, shall be considered to be his personal property and shall, subject to the rules made under this Act, be kept in the safe custody in the manner prescribed.
(9) After a prisoner or person is admitted into a correctional home on the basis of a warrant, writ or order issued by a court or other competent authority, the Superintendent of the correctional home shall cause to be sent information about such admission through postal service to any relative or friend of the prisoner or person to whom the prisoner or person seeks to communicate information of his detention in the correctional home.

19. Segregation of prisoners. – Subject to the rules made under this Act, the prisoners shall be segregated in the following manner:-
(i) female prisoner shall be completely segregated from the male prisoner;
(ii) convicted prisoner shall be segregated from under-trial prisoner ;
(iii) prisoner having a previous conviction for any offence coming under Chapter XVIII of the Indian Penal Code or for any offence punishable under sections 366, 366A, 376 and 420 of the Indian Penal Code or for attempt to commit any such offence or for illicit storage, trade or manufacture of any contraband article or for adulteration of food or medicine, shall be kept separate as far as practicable from other classes of prisoner, whether convicted or under-trial;
(iv) political prisoner and political detenu shall be kept separate from all other classes of prisoner ;
(v) female prisoner convicted for any offence involving grave moral depravity or having any previous conviction for any such offence shall be kept completely separate from other female prisoners ;
(vi) prisoner suffering from any contagious or infectious disease shall be kept completely separate from other prisoners ;
(vii) civil prisoner shall be kept separate from criminal prisoner.
20. Transfer of food, clothing, bedding, etc. and supply of food from outside. – (1) No part of food, clothing, bedding or other articles belonging to a prisoner or issued to a prisoner from the correctional home for his own use shall be given, let out or sold by him to any other prisoner.
(2) The Superintendent of a correctional home may permit any civil prisoner or any under-trial or convicted political prisoner or political detenu to have his food supplied by his relative or friend from outside. When such permission is granted, the Medical Officer of the correctional home shall examine the food so supplied and shall not allow such food to be issued to the prisoner if, in his opinion, the same is likely to be injurious to the health of the prisoner and thereupon the said food shall be returned to the supplier thereof.

CHAPTER VI

Delivery of prisoners

21. Persons committed by High Court. – (1) Where any person is sentenced by the High Court in exercise of its original, appellate or extraordinary criminal jurisdiction to imprisonment or death, the High Court shall cause such person to be delivered through any court situated in Calcutta as defined in the Calcutta Municipal Corporation Act, 1980, to the Superintendent of the correctional home having jurisdiction to receive such person together with a warrant. The Superintendent shall execute such warrant and return it after execution to the court issuing the same.
(2) Where any person is committed by the High Court in execution of a writ or order for contempt of court, the court receiving the order of the High Court shall cause such person to be delivered to such custody as it may determine.
(3) The High Court may, pending hearing under section 55 of the Code of Civil Procedure, 1908 of an application for declaration of insolvency, cause a Judgement-debtor to be delivered to the Superintendent of a correctional home having jurisdiction in Calcutta as defined in the Calcutta Municipal Corporation Act, 1980, to receive the person together with a warrant, writ or order. The Superintendent shall execute such warrant, writ or order and return it after execution to the court issuing the same.
22. Persons committed by Chief Metropolitan Magistrate. – Where any person is sentenced by the Chief Metropolitan Magistrate to any term of imprisonment or where any person is ordered by a trial court to be confined for failure to furnish security for keeping peace or being of good behaviour under the provisions of sections 107 to 110 of the Code of Criminal Procedure, 1973, the Magistrate who passed the sentence or order shall cause the person to be delivered along with the warrant to the Superintendent of the correctional home having jurisdiction to receive such person. The Superintendent shall execute the warrant and return it after execution to the Magistrate passing such order.
23. Detention as civil prisoners. – When a civil person is ordered by a civil court under any law for the time being in force to be detained in a correctional home under a writ, duly signed and sealed by such court, the Superintendent of the correctional home shall receive such prisoner and keep him confined in a separate cell or ward meant for civil prisoners only.

CHAPTER VII -    Classification of prisoners

CHAPTER VIII

Advisory Boards

28. State Advisory Board for Correctional Services. – (1) The State Government shall by notification constitute a State Advisory Board for Correctional Services (hereinafter referred to as the State Advisory Board) with the following members:-
(a) ex officio members
(i) the Secretary, Home (Jails) Department, Government of West Bengal, or his nominee not below the rank of Joint Secretary to the Government of West Bengal;
(ii) the Inspector General of Correctional Services;
(iii) the Secretary, Judicial Department, Government of West Bengal, or his nominee not below the rank of Joint Secretary to the Government of West Bengal;
(iv) the Deputy Inspector General of Police, Special Cell, Criminal Investigation Department;
(v) the Deputy Director of Social Education, Government of West Bengal;
(vi) the Head of the Department of Experimental Psychology, University of Calcutta;
(vii) the Headmaster, Borstal School, Berhampore;
(viii) the Superintendent, Correctional Home for Women, if any;
(b) non-official members
(ix) five members of the West Bengal Legislative Assembly, nominated by the State Government, of whom one shall be a woman and at least one shall belong to the Opposition in the West Bengal Legislative Assembly;
(x) two members of Parliament elected from West Bengal to be nominated by the State Government;
(xi) four persons considered to be persons of public importance in West Bengal or persons taking interest in social reform, nominated by the State Government, of whom one shall be a woman.
(2) The State Government shall appoint one of the non-official members to be the Chairman of the State Advisory Board. The Inspector General of Correctional Services shall be the ex officio Member-Secretary of the State Advisory Board.
(3) The State Advisory Board shall advise the State Government-
(a) on the matters concerning prevention, control and treatment of delinquency and crime;
(b) on the devising of ways and means for establishing greater co-ordination between the Departments of-
(i) Home (excluding Jails Branch),
(ii) Home (Jails),
(iii) Judicial,
(iv) Social Welfare,
(v) Education, and
(vi) Health and Family Welfare,
of the State Government;
(c) on the measures for eradication of vices of corruption, smuggling, sexual depravity, and ill-treatment of prisoners (including extraction of money from the prisoners’ relatives);
(d) on the tackling of disturbances and riots in correctional homes, escape from correctional homes, concerted actions like strike or hunger-strike by prisoners or members of the staff and other emergent situation;
(e) on any other matter of public interest.
(4) The State Advisory Board shall hold at least four meetings in a year. In the case of outbreak of serious disturbance anywhere in the State, the Member-Secretary shall convene special meetings of the State Advisory Board and apprise the members of the details of the situation. The minutes of the proceedings of the meetings shall be recorded in the minute book.
(5) The members of the State Advisory Board shall have right to visit any correctional home and talk to or interrogate any prisoner. The officers of the correctional home concerned shall furnish any information as may be required by any member of the State Advisory Board during such visit. If any prisoner desires to speak privately to any member of the State Advisory Board during his visit so that no official may hear him, the Superintendent of the correctional home shall allow him such facility and the prisoner shall not be subjected to any rigor or victimization even if the prisoner gives any information which transpires to be incorrect.
(6) Six members of the State Advisory Board shall form a quorum.
(7) The non-official members of the State Advisory Board shall hold office for a term of three years from the date of the first meeting of the State Advisory Board after it is constituted and shall be eligible to be reappointed.
(8) The non-official members of the State Advisory Board shall receive such allowances as may be prescribed.
(9) The appointment of a member in a casual vacancy caused by death, resignation or otherwise, shall be notified in the Official Gazette.
29. District Advisory Boards for Correctional Services. – (1) The State Government shall by notification constitute a District Advisory Board for Correctional Services for each district (hereinafter referred to as the District Advisory Board) with the following members:-
(a) ex officio members
(i) the District and Sessions Judge;
(ii) the Superintendent of the district correctional home;
(iii) the District Medical Officer of Health;
(iv) the District Probation Officer;
(v) the Chief Medical Officer of Health of the district;
(vi) the Chief Judicial Magistrate of the district;
(b) non-official members
(vii) one serving or retired Headmaster of a Higher Secondary School nominated by the State Government;
(viii) five members of the West Bengal Legislative Assembly from the district, nominated by the State Government, of whom one shall be a woman and one shall belong to the Opposition in the West Bengal Legislative Assembly;
(ix) two social workers of the district, of whom one shall be a male and the other shall be a female, nominated by the State Government.
(2) The District and Sessions Judge shall be the ex officio Chairman and the Superintendent of the district correctional home shall be the ex officio Member-Secretary of the District Advisory Board.
(3) The District Advisory Board shall advise the District Magistrate-
(a) on the matters concerning prevention, control and treatment of delinquency and crime within the district;
(b) on the devising of ways and means for establishing greater co-ordination between the different offices of Government within the district;
(c) on the measures for eradication of vices of corruption, smuggling, sexual depravity, and ill treatment of prisoners (including extraction of money from the prisoners’ relatives);
(d) on the tackling of disturbances and riots in the correctional homes in the district, escape of prisoners from the correctional homes, concerted actions like strike or hunger-strike by prisoners or members of the staff and other emergent situation;
(e) on any other matter of public interest.
(4) The District Advisory Board shall hold at least six meetings in a year. In the case of outbreak of serious disturbances in any correctional home or elsewhere within the district, the Member-Secretary shall convene special meetings of the District Advisory Board and shall apprise the members of the details of the situation. The minutes of the proceedings of the meetings shall be recorded in the minute book.
(5) The members of the District Advisory Board shall have right to visit any correctional home within the district and talk to or interrogate any prisoner. The officers of the correctional home concerned shall furnish any information as may be required by any member of the District Advisory Board during such visit. If any prisoner desires to speak privately to any member of the District Advisory Board during his visit so that no official may hear him, the Superintendent of the correctional home shall allow him such facility and the prisoner shall not be subjected to any rigor or victimization even if the prisoner gives any information which transpires to be incorrect.
(6) Five members of the District Advisory Board shall form a quorum.
(7) The non-official members of the District Advisory Board shall hold office for a term of three years from the date of the first meeting of the District Advisory Board after it is constituted and shall be eligible to be reappointed.
(8) The non-official members of the District Advisory Board shall receive such allowances as may be prescribed.
(9) The appointment of a member in a casual vacancy caused by death, resignation or otherwise, shall be notified in the Official Gazette.

CHAPTER IX

Visitors

30. Panel of visitors. – (1) The State Government shall by notification prepare a panel of such member of official and non-official visitors for each correctional home as it may deem fit. The panel shall include at least one woman as non-official visitor.
(2) During their visit to a correctional home the visitors-
(a) may call for any book, paper or other record of the correctional home,
(b) may inspect any ward, workshop or cell and, in every case of complaint, shall ensure that the rules in force are duly complied with,
(c) may examine if the punishments are being properly imposed on the prisoners,
(d) shall record their presence and observations in the Visitors’ Book maintained by the correctional home in the prescribed form,
(e) shall perform such other functions as may be prescribed.
(3) If any visitor is of the opinion that any irregularity noticed by him during any visit should be reported to the Inspector General of Correctional Homes and Correctional Services, he shall make such report together with his comments.
(4) The qualifications and the term of office of a non-official visitor and the allowances payable to him for attending meetings, if any, shall be such as may be prescribed.
31. Visit to correctional homes by Members of Parliament and Members of West Bengal Legislative Assembly. – Notwithstanding anything contained in section 30,-
(i) the Members of Parliament from West Bengal shall have the right to visit any correctional home within the State after giving twenty-four hours’ notice to the Superintendent of the correctional home;
(ii) the Members of the West Bengal Legislative Assembly from a district shall have the right to visit the district correctional home and the central correctional home or any other correctional home situated within the district after giving twelve hours’ notice to the Superintendent of the concerned correctional home:
Provided that a Member of Parliament or a Member of the West Bengal Legislative Assembly shall not visit a correctional home earlier than 11a.m. or later than 4 p.m. on any day.

CHAPTER X

Care and treatment of prisoners

32. Accommodation of prisoners. – (1) The prisoners shall generally be accommodated in cells and wards. In every correctional home there shall be adequate number of cells for segregation of prisoners. In no case more than one prisoner shall be accommodated in one cell. The floor area and the cubical air area of a cell and the floor area to be allotted for every prisoner accommodated in a ward shall be such as may be prescribed.
(2) The female prisoners shall be accommodated in the correctional home for female prisoners or in the female ward of a correctional home.
(3) (a) The political prisoner and political detenus shall ordinarily be accommodated in the same ward separately from other prisoners.
(b) The political prisoners, political detenus and other prisoners, who intend to undergo studies and acquire educational qualifications through the examinations of, or researches under, any university recognised as such under any law for the time being in force, shall be accommodated in the superior types of cells:
Provided that the prisoners or the detenus have the basic qualifications and aptitude for study and research.
(4) In every correctional home there shall be cells for condemned prisoners separately walled up and enclosed on all sides and the provisions of sub-sections (1), (5) and (6) shall apply to such cells. Such cells shall have Sufficient space inside the enclosure so that a condemned prisoner may have opportunity of taking daily walks outside his cell under proper guard.
(5) In each subsidiary correctional home there shall be at least three segregated cells for accommodation of confessing accused persons or of other prisoners where segregation is deemed necessary for their safety or for any other reasons.
(6) The cells and wards shall be well ventilated and the doors and windows thereof shall be fitted with iron bars and iron netting, and adequate anti-mosquito measures should be taken in such cells or wards.
(7) In each cell or ward the residential portion shall be separated from the portion to be used as lavatory or urinal by brick walls or thick and durable screens.
(8) Every ward shall be provided with suitable number of ceiling fans during the months of May to August so that there shall be one ceiling fan for six prisoners operating from 10 p.m. to 6 a.m. on every day except Sundays and holidays. On Sundays and holidays, it shall operate from 12 noon to 3 p.m. and from 10 p.m. to 6 a.m.
33. Prisoners’ food. – (1) Every prisoner shall be served breakfast, midday meal and evening meal. The items and quality of articles to be issued for these meals and the mode of catering of the meals shall be such as may be prescribed.
(2) The Superintendent of a correctional home shall depute one or more officers as he may consider necessary to supervise the weighing of the articles of food immediately before such articles are put in the cooking pot and to ensure that the articles are of good quality.
(3) In every correctional home (other than a subsidiary correctional home), the Medical Officer shall inspect the quality of the articles of food before they are put in the cooking pot. If it appears to the Medical Officer that any article of food is sub-standard or defective in quality or is likely to be injurious to the health of the prisoners, he shall send a note to the Chief Controller of Correctional Services for replacement of that article by an article of good quality. In every subsidiary correctional home, such function of inspection of food shall be performed by the pharmacist of the correctional home and replacement of any food, if necessary shall be made by the Assistant Controller of Correctional Services.
(4) The Chief Controller of Correctional Services may, with the consent of the prisoners’ panchayat, take out such quantity of rice and dal from the quantity of daily allotment thereof, and for such number of days, as may be prescribed. The value of the quantity so taken out shall be allowed to accumulate for supply to the prisoners on a particular day with superior quality of diet which may comprise articles not included in the diet table.
(5) In every correctional home there shall be a dining shed for the prisoners.
(6) The Superintendent of a correctional home may permit a political prisoner or political detenue or civil prisoner or under-trial criminal prisoner to be supplied with food at his own cost or with food supplied by his friends or relatives subject to inspection by the Superintendent. The Superintendent may disallow any item of food supplied to such prisoner in the aforesaid manner if he is of the opinion that such item of food should not be permitted to be brought inside the correctional home or shall not be supplied to the prisoner on grounds of health.
(7) The State Government may provide such other amenities or privileges to the prisoners as may be prescribed.
34. Clothing, bedding and dressing material of prisoners. – (1) Every prisoner shall be supplied with clothings of such quality, type and quantity as may be prescribed. The Superintendent may permit a political prisoner or political detenue or civil prisoner or under-trial criminal prisoner to be supplied with traditional items of clothings at his own cost or with clothings supplied by his friends or relatives but such clothings shall not be used by any other prisoner except with the permission of the Superintendent.
(2) Every prisoner shall be supplied with such bedding and dressing materials as may be prescribed. A blanket or other item of bedding used by a prisoner shall not be supplied to another prisoner unless the same has been disinfected with disinfectants. The Superintendent may permit a civil prisoner or an under-trial criminal prisoner to be supplied with beddings by his friends or relatives but no item of such beddings shall be used by other prisoner except with the express permission of the Superintendent.
(3) If an under-trial prisoner is found unable to provide himself with necessary clothing and bedding, he shall be supplied with the same from the stock of the correctional home at the request of such prisoner.
(4) Where a civil prisoner is committed to the correctional home in execution of a decree, the decree holder shall, immediately before the admission of such prisoner into the correctional home, deposit with the Superintendent such sum as has been fixed by the court to be the subsistence allowance of such prisoner for a week and if the court has ordered such detention for a period of more than a week, the decree-holder shall make further deposit of such subsistence allowance subsequently but before the sum already deposited by him is expended. In case of failure by the decree-holder to deposit the aforesaid payment, the civil prisoner concerned shall be released by the Superintendent without reference to the court. Whenever clothing or bedding is to be supplied to a civil prisoner, who has been committed to a correctional home in execution of a decree in favour of a decree-holder, such decree-holder or his representative shall, after admission of such prisoner and within 24 hours of the receipt by him of a demand in writing from the Superintendent, pay to the Superintendent the cost of clothing and bedding to be supplied to him; and in default of such payment by the decree-holder, the prisoner shall be released by the Superintendent.
(5) In each correctional home there shall be arrangements for washing of clothings and bed-sheets in such manner as may be prescribed.

CHAPTER XI

Educational facilities

35. Educational facilities. – (1) In every correctional home there shall be adequate facilities for development of educational qualifications and various recreations such as indoor and outdoor games, newspaper reading and cultural activities for the prisoners. The Welfare Officer shall encourage the prisoners for developing their educational qualifications.
(2) If a prisoner, who was prosecuting studies before his imprisonment, expresses his intention to continue his studies and appear in any examination of any University or similar institution, he shall be given due facilities for receiving books and writing materials supplied by his friends or relatives from outside and for purchasing books and such materials out of his personal cash kept in the custody of the correctional home.
(3) If a prisoner, who had given up his studies before his imprisonment, expresses his intention to proceed with his studies with a view to appear in any examination conducted by any University or other statutory body or recognised institution, he shall, in addition to the facilities mentioned in sub-section (2), be given such other facilities as may be prescribed.
(4) If any detenue confined in a correctional home has dependent children, brothers or sisters who are prosecuting studies in schools or colleges, the State Government shall make provision for educational allowance for such children, brothers or sisters at such rate as may be prescribed.
36. Library. – (1) In every central correctional home and district correctional home, there shall be established a library for the use of the prisoners of different educational standards for satisfaction of intellectual hunger or development of knowledge, as the case may be. The library shall be equipped with such books, magazines and newspapers and they shall be issued to the prisoners in such manner as may be prescribed.
(2) The Superintendent may allow the prisoners to purchase newspapers and magazines from their personal cash or to receive newspapers and magazines supplied by their friends or relatives from outside, provided that no such newspapers or magazines shall contain any matter encouraging unsocial activity or tending to make readers victims of moral deprivation.
Explanation. – For the purposes of this sub-section, criticism of Government or Governmental measures shall not be deemed to encourage unsocial activity.
(3) The State Government shall appoint a Selection Committee consisting of the following persons for selection of books, magazines and newspapers to be purchased by different correctional homes:-

(i) the Inspector General of Correctional Services – Chairman;
(ii) the Joint Secretory to the Government of West Bengal, Home (Jails) Department -Member-Secretary;
(iii) the Chief Officer of South 24-Parganas District Library -Member;
(iv) two persons conversant with selection of books, to be nominated by the State Government -Members.

CHAPTER XII

Hygienic and sanitary arrangements

37. Hygienic and sanitary measures. – (1) Subject to overall control of the Superintendent, the Medical Officer of a correctional home shall be in charge of maintaining proper sanitary services and introducing hygienic measures as may be deemed necessary. The Medical Officer shall inspect daily all wards, barracks, sheds, cells or rooms, hospitals, places of cooking, lavatories and the surroundings thereof to ensure that the inside and outside of those places and the surroundings are kept clean and no garbage or filth are accumulated anywhere. If, at any time due to rain, storm or any other cause, there is sudden accumulation of garbage or filth or dust, the Medical Officer shall take speedy action for removal of such garbage, filth or dust.
(2) The cells or rooms and wards and the places where the prisoners work shall be kept clean by such sweeping and washing measures as the Medical Officer may consider necessary.
(3) In areas where there is prevalence of mosquitoes, the Medical Officer shall arrange for spraying disinfectants and anti-mosquito liquid or powder in the surroundings of the correctional home and at such places which are likely to facilitate breeding of mosquitoes. The State Government shall supply mosquito nets for Division I prisoners and for prisoners in hospitals.
(4) The Superintendent, the Medical Officer, the Chief Controller of Correctional Services and other officers of the correctional home shall be responsible for paying due attention to conservancy and taking adequate measures for quick removal of night soil and refuse.
(5) There shall be constructed in each correctional home adequate number of sanitary privies and latrines to meet the needs of the prisoners. Any service privy or latrine existing in any correctional home on the date immediately before the date of commencement of this Act shall be replaced by sanitary privy or latrine, as the case may be, within the shortest possible time.
(6) The Superintendent, the Medical Officer, the Chief Controller of Correctional Services and other officers shall ensure cleanliness in the correctional home in such manner as may be prescribed.
(7) There shall be provision for adequate and continuous supply of pure water in correctional homes. Where water supply is dependent on electrically operated mechanism, adequate number of tube wells shall be sunk to meet the requirement of continuous supply of water.
(8) The State Government may, in the manner prescribed, provide for such other hygienic and sanitary measures as it may deem fit.
CHAPTER XIII

Medical administration and medical care

38. Prisoners’ right to medical care. – Every prisoner shall have a right to medical care in case of sickness as well as for maintaining good health.
39. Chief Medical Officer of correctional homes. – (1) The State Government shall appoint a senior member of the West Bengal Health Service to be the Chief Medical Officer of Correctional Homes. The Chief Medical Officer shall be an officer of the Prisons Directorate directly under the Inspector General of Correctional Services and shall be superior to all Medical Officers appointed in correctional homes.
(2) The Chief Medical Officer shall supervise and inspect the performances of the Medical Officers and shall periodically visit the correctional homes and check the measures taken by the Medical Officers in regard to medical care of the prisoners including allotment of special diets to them. The Chief Medical Officer may, if he thinks fit so to do, cancel or modify any measure taken or allotment of diet make by the Medical Officer of any correctional home.
(3) If the Superintendent is of opinion that any of the measures taken by the Medical Officer should be checked and verified by the Chief Medical Officer, he may request the Chief Medical Officer to do so and thereupon the Chief Medical Officer shall check and verify such measure as he deems fit.
40. Medical Officers. – (1) In each correctional home (other than a subsidiary correctional home) there shall be a Medical Officer. The Medical Officers for the central correctional homes shall be appointed by the State Government and the Medical Officers of the district correctional homes and special correctional homes shall be appointed by the Inspector General of Correctional Services in consultation with the Chief Medical Officer. The number of Medical Officers shall be such as may be determined by the State Government in consideration of the number of prisoners in a correctional home. W7here there are more than one Medical Officer, the Medical Officer in charge of medical administration shall be designated as the Senior Medical Officer and the other Medical Officers shall be subordinate to him and shall be designated as Junior Medical Officers.
(2) In each correctional home there shall be a separate wing for female prisoners ordinarily under the medical supervision of a female medical officer.
41. Medical subordinates. – (1) Hospital assistants, compounders, pharmacists and other subordinate staff attached to the medical administration shall be called medical subordinates.
(2) The Inspector General of Correctional Services shall, in consultation with the Chief Medical Officer, appoint the medical subordinates for the central correctional homes.
(3) The Superintendent of district correctional homes and special correctional homes shall, in consultation with the Senior Medical Officers of the correctional homes and subject to confirmation by the Inspector General of Correctional Services, appoint the medical subordinates.
42. Medical administration of subsidiary correctional homes. – The Sub-Divisional Medical Officer, who is also the ex officio Deputy Superintendent of a subsidiary correctional home, shall be in charge of the medical administration of the subsidiary correctional home and may delegate his duties and functions to any Medical Officer subordinate to him and entrust the day to day medical care and treatment of prisoners to the compounders or pharmacists thereof.
43. Treatment of lunatics. – (1) If any criminal or non-criminal lunatic is confined in any correctional home otherwise than for transmission to some medical hospital shortly, the correctional home shall obtain the services of such whole time or part time psychiatrists as may be considered necessary to look after the lunatics and to give them proper treatment.
(2) In a central correctional home, there shall be a separate wing in hospital where a prisoner, whether an under-trial or a convict or prisoner under preventive detention, being a psychiatric patient or declared by the Medical Officer to be of unsound mind, shall be segregated and admitted for treatment and, in each such wing, a qualified psychiatrist shall be appointed and he shall be duly assisted by the Medical Officer and the medical subordinates.
(3) If any prisoner as aforesaid is admitted in a district correctional home or a subsidiary correctional home, he shall be segregated for other prisoners and kept in a separate sick room and be removed by the Superintendent of the correctional home concerned to a central correctional home in accordance with the provisions of sub-section (5) of section 44.
44. Segregation of sick prisoners. – (1) Quick measures shall be taken for segregation of sick prisoners from other prisoners and in no case shall a sick prisoner be allowed to mix or live with other prisoners.
(2) In every correctional home (other than a subsidiary correctional home), there shall be a hospital and in every subsidiary correctional home, there shall be sick room with at least four beds for segregation of sick prisoners. The hospital and the sick room shall be provided with such equipments as may be prescribed.
(3) As soon as a prisoner becomes sick or a sick prisoner is admitted in a correctional home, he shall be removed to the hospital or the sick room, as the case may be.
(4) If a prisoner confined in a district correctional home or subsidiary correctional home , is attacked with any infectious or contagious disease or if a person suffering from any such disease is admitted in a correctional home as aforesaid and is certified as such by the Medical Officer, such prisoner or person, as the case may be, shall be removed to the hospital of a central correctional home for proper medical care and treatment. Pending such removal, such prisoner or person, as the case may be, may be segregated for other prisoners.
(5) Before the removal of a prisoner or person from a district correctional home or subsidiary correctional home under sub-section. (4), the Superintendent shall move through trunk call the Inspector General of Correctional Services for orders and thereupon the Inspector General of Correctional Services shall, after consultation with the Chief Medical Officer, give orders for such removal through trunk call and, in all such case, substance of the messages shall be recorded in relevant registers at both ends.
45. Transfer of sick prisoners. – (1) If a prisoner is attacked with a disease which, in the opinion of the Medical Officer, is of a serious type or if, at any stage of illness of a prisoner, the Medical Officer is of the opinion that he should be transferred to another hospital in any correctional home or to an outside Government Hospital, the Medical Officer shall report to the Superintendent accordingly. On receipt of such report, the Superintendent shall move the Inspector General of Correctional Service for order for such transfer, and the Inspector General of Correctional Services shall pass necessary orders. In very urgent case, orders for transfer may be sought for and given through telegrams or telephone calls. When such orders for transfer are sought for and given through telephone calls, substance of the messages shall be recorded in the relevant Registers at both ends.
(2) In exceptional cases where a sick prisoner is required to be transferred to an outside Government Hospital immediately to avoid the risk of the prisoner’s life, the Superintendent may, on the advice of the Medical Officer and subject to ratification by the Inspector General of Correctional Services in due course, transfer the said prisoner to an outside Government Hospital and move the Inspector General of Correctional Services for ratification of the action taken by him.
(3) Immediately after the transfer of a sick prisoner under sub-section (1) or sub-section (2), as the case may be, the Superintendent shall write to the Commissioner of Police where the prisoner is transferred to a Government Hospital in Calcutta as defined in the Calcutta Municipal Corporation Act, 1980, or to the Superintendent of Police of the district where such prisoner is transferred to a Government Hospital situated in that district, to make arrangements for adequate vigilance on such prisoner at the hospital, and shall, until such arrangements are made, appoint requisite number of warders for the purpose.
(4) The District Medical Officers, the Sub-Divisional Medical Officers, and the Chief Medical Officers of Government Hospitals, the Superintendent of Police, and the Commissioner of Police, Calcutta, shall render due assistance for transfer of a sick prisoner under the provisions of this section.
46. Death of a prisoner to be communicated. – (1) If a prisoner confined in a correctional home or a prisoner sent to an outside Government Hospital for treatment dies, the Medical Officer or the Chief Medical Officer of the Government Hospital, as the case may be, shall communicate the fact of such death to the Superintendent and the Superintendent shall send intimation of such death to the relatives of such prisoner if the name of any such relatives is known from the records of the correctional home.
(2) On the occurrence of death of a prisoner as aforesaid, the Medical Officer or the Chief Medical Officer of the Government Hospital, as the case may be, shall record in the Death Register to be maintained by him in the prescribed form such particulars about the dead prisoner as may be prescribed.
47. Service of specialists. – (1) If the Medical Officer is of opinion that a specialist should be engaged for proper treatment of a sick prisoner, he shall report to the Superintendent accordingly and the Superintendent shall refer the matter to the Inspector General of Correctional Services who shall, after consulting the Chief Medical Officer, take necessary steps for making the services of such specialist available for the treatment of the prisoner.
(2) The State Government may, if it thinks fit, prepare a panel of specialists for treatment of different kinds of ailments in correctional homes on the requisition of the Inspector General of Correctional Services.
48. Dentists and eye specialists. – There shall be a team of such number of dentists and eye specialists under the Chief Medical Officer as the State Government may deem fit. The team of dentists and eye specialists shall visit every correctional home for such period and at such interval for examining prisoners suffering from dental and eye troubles and providing proper remedies as may be prescribed. The cost of treatment including false teeth and spectacles as may be advised by the dentists or the eye specialists, as the case may be, shall be borne by the correctional home.

CHAPTER XIV

Recreations

49. Recreations. – (1) Every prisoner shall be given facilities of having rest and recreation for such period as may be prescribed. The types of recreation shall be as follows:-
(a) educative recreations, namely reading of books, newspapers and periodicals, hearing of radio broadcasts, participation in or attending cultural performances, paintings and the like;
(b) recreation for mental exercise, namely participation in or witnessing of indoor and outdoor games;
(c) recreation pertaining to physical health, namely participation in outdoor games and different types of physical culture including yoga;
(d) recreation for entertainments, namely,-
(i) community song with musical instruments such as madal and kartal in respective wards or outside the wards with the approval of the Superintendent,
(ii) folk dances and songs and other community entertainment on festival days and holidays,
(iii) play of simple musical instruments by individual prisoner without disturbing others,
(vi) dramatic performances in the form of jatra and theatre and variety entertainment programmes by prisoners on festival days and holidays, and
(v) display of educative and entertaining films on different occasions with the assistance of the Information and Cultural Affairs Department of the State Government.
(2) The State Government may appoint one or more physical instructors to look after the recreational facilities referred to in clause (c) of the sub-section (1). The recreational facilities referred to in clauses (a), (b) and (d) shall be looked after by the Welfare Officer.
(3) In every correctional home, there shall be a playground for outdoor games and a community hall for cultural programmes.
(4) The implements for indoor and outdoor games and other recreations referred to in sub-section (1) shall be issued to and taken back from the prisoners in such manner as may be prescribed. The other recreations referred to in sub-section (1) shall be provided in such manner, as may be prescribed.
CHAPTER XV

Letters, interviews and interrogations

50. Letters. – (1) Every Division I prisoner shall have the facility of writing such number of letters, being not less than one letter in a week, to his relatives and friends as may be prescribed. Every Division II prisoner shall have the facility of writing such number of letters, being not less than one letter in a month, to his relatives and friends as may be prescribed. Every prisoner under death sentence shall be entitled to write such number of letters to his friends and relatives as may be prescribed. Ordinary inland letter forms shall be supplied to Division I prisoners, political prisoners and detenus and plain paper and envelopes shall be supplied to Division II prisoners at Government cost.
(2) Every political prisoner and every detenue may be allowed to write at his own cost letters in excess of the number fixed by rules made under this Act.
(3) All letters shall be written in Bengali or Hindi or English or mother tongue of concerned prisoner.
(4) The Superintendent shall examine every letter written by a prisoner and may ask the prisoner concerned to delete any portion of the letter which, in his opinion, is likely to endanger the security of the correctional home or contains false information about the affairs of the correctional home.
(5) The Superintendent shall examine every letter sent to any prisoner from outside and delete any portion thereof which, in his opinion, is likely to endanger the security of the correctional home or contains false information about the affairs of the correctional home, before it is delivered to the prisoner.
(6) Notwithstanding anything contained in the foregoing provisions of this section the Superintendent shall not censor any letter written by any prisoner to the Inspector General of Correctional Services or to any Minister of the State Government or to a Member of Parliament or of the State Legislature or to the Speaker of the Lok Sabha or to the Chairman of the Rajya Sabha or to the Speaker of the State Legislature, and such letters shall not be taken into account while computing the number of letters admissible under the rules made under this Act.
51. Interviews. – (1) Every prisoner shall have the right to have such number of interviews with his friends and relatives, not being less than one in a month; as-may be prescribed. The State Government shall prescribe by rules the procedure of such interviews, having due regard to the question of security measures and safeguards against smuggling of contraband articles.
(2) Any legal practitioner as defined in clause (i) of section 2 of the Advocates Act, 1961, may interview any prisoner in connection with his defence in the presence of the Superintendent or any other officer of the correctional home duly authorised by the Superintendent and such interviews shall not be taken into account while computing the number of interviews admissible under the rules made under this Act.
(3) The subject-matter of an interview shall not include any matter in the nature of consultation for commission of any offence punishable under this Act or under any other law for the time being in force. The officer attending an interview may terminate the interview after giving due warning if he considers that the subject-matter of the interview is punishable as aforesaid, and shall note the fact of such termination together with the reasons thereof in the history ticket of the prisoner concerned.
(4) There shall be erected a suitable interview shed inside the correctional home equipped with sitting arrangement for the interviewers and the prisoners.
(5) Notwithstanding anything contained elsewhere in this section, in the case of a correctional home in any district the Chief Judicial Magistrate of that district and, in the case of a correctional home in Calcutta as defined in the Calcutta Municipal Corporation Act, 1980, the Chief Metropolitan Magistrate, may, at his discretion and subject to such conditions as he may deem fit to impose, allow any person to interview any prisoner confined in a correctional home in that district or in Calcutta, as the case may be.
52. Interrogation by Police. – A police-officer may interrogate a prisoner in a room of the officer of the correctional home in the presence of the Chief Controller of Correctional Services who shall, if so desired by the police-officer, keep himself beyond the hearing distance. For the purpose of investigation of a case under the Opium Act, 1878 or the Dangerous Drugs Act, 1930 or the Bengal Excise Act, 1909, a police-officer, or excise officer, not below the rank of Sub-Inspector of Police, may interrogate a prisoner with the written permission of a court having jurisdiction, subject to such condition as the court may impose.

CHAPTER XVI

Labour and wages in correctional home

53. Classification of labour. – (1) Labour in a correctional home shall be classified into hard, medium and light and each such labour shall be divided into skilled, semi-skilled and unskilled labour.
(2) For the purposes of this section,-
(a) (i) hard labour shall man the type of labour the performance of which involves a high degree of physical exertion or application of bodily force, and includes the work of spading, ploughing of land, chopping of wood, coir-pounding, carrying of water on shoulders or head, cooking on the oven and the like;
(ii) light labour shall mean the type of labour the performance of which involves physical exertion or application of bodily force of a very small degree, and includes work of shifting of foreign materials or waste products from rice or dal, sweeping the floor or wall and the like;
(iii) medium labour shall mean the type of labour which is neither hard nor light;
(b) (i) skilled labour shall mean the labour done through intricate mechanical process or though skill of hands and mind requiring long time to acquire efficiency or the labour which involves special technical knowledge or training or which is gifted with such artistic or aesthetic qualities as cannot ordinarily be achieved without some prior training or experience;
(ii) semi-skilled labour shall mean the type of labour which can be learnt on training for a period of one month or so;
(iii) unskilled labour shall mean the type of labour which is neither skilled nor semi-skilled and which does not require any special knowledge or prior training.
54. Fitness of prisoners. – (1) The Medical Officer shall, after conviction of a prisoner, examine him and endorse on his history ticket whether he is fit for hard labour, medium labour or light labour. The Superintendent shall, on the recommendation of the Medical Officer as aforesaid, fix the work to be done by such prisoner, keeping in view his physical condition , personal taste and aptitude, and shall determine whether the prisoner should be employed in skilled, semi skilled or unskilled labour. In case of a female prisoner, the work to be done by her shall not exceed two-thirds of the work involving hard labour, medium labour or light labour as the case may be, to be done by a male prisoner.
(2) No prisoner shall be put to hard labour continuously for a period exceeding four months without a break for at least one month.
(3) If, on a subsequent examination of a prisoner recommended earlier for hard labour, the Medical Officer is of opinion that his health does not permit him to undergo such hard labour, the Medical Officer may recommend him for medium labour or light labour.
(4) If, at any time, the Medical Officer is of opinion that a prisoner is or has been suffering from a contagious or infectious disease, he shall at once send the prisoner to the segregation cell or room, as the case may be, and arrange for his proper treatment till his recovery.
55. Wages. – (1) The rate of wages payable to skilled, semi-skilled or unskilled prisoners put to hard labour, medium labour or light labour, as the case may be, shall be such as may be prescribed.
Provided that –
(a) the rate of wages payable to skilled, semi-skilled or unskilled prisoners put to hard labour, medium labour and light labour, shall be different; and
(b) the minimum wage for one full day’s labour of any type shall not be less than one rupee.
(2) Every prisoner shall be entitled to spend to the extent of 50% of the wages earned by him per month and the remaining 50% of such wages shall be kept reserved for payment to the prisoner at the time of release as deferred wages. The Superintendent shall open individual savings bank account in any branch of the State Bank of India or of any nationalised bank or Postal Savings Account wherein deferred wages earned by such prisoner shall be deposited.
(3) If any under-trial prisoner or civil prisoner sentenced to simple imprisonment opts to undergo any type of labour, he shall be entitled to wages for such labour at such rate as may be prescribed, provided the rate so prescribed shall not be less than the rate prescribed for other prisoners under sub-section (1).
(4) The Superintendent shall maintain, in such from as may be prescribed, a Register of Labour where in the particulars of the wages earned by every prisoner, the portion of the wages spent by the prisoner, the particulars of the deferred wages and the incidental matters shall be recorded.
56. Working hour. – (1) The working hour of a prisoner put to any type of labour shall not be more than seven hours a day. Besides, there shall be break for at least one hour for lunch, bath and rest. The time-table of the period of labour shall be such as may be prescribed.
(2) The State Government shall, in every calendar year, prepare a list of holidays in correctional homes. No prisoner, other than a prisoner engaged in essential services declared as such by the State Government, shall be put to work on Sundays and in other holidays.
57. Industrial undertakings. – The State Government may provide for such industrial undertakings in correctional homes as may be considered necessary in imparting training to prisoners in general and female prisoners in particular, in bread-earning avocations such as handicrafts and works having aesthetic value as may help them in after-release life, and may, for that purpose, appoint such number of trainers or instructors as it may deem fit.

CHAPTER XVII

Remission, Release and Parole

58. Remission. – (1) All criminal prisoners sentenced to rigorous imprisonment for any period exceeding three months shall be entitled to remission at the rate of four days per month. If a part of a month exceeds fifteen days it shall be reckoned as a month.
(2) In addition to the remission admissible under sub-section (1), the Superintendent may grant special remission to a criminal prisoner at such rate as may be prescribed in consideration of meritorious service, arduousness of labour, extra labour, consistency in work and strict adherence to discipline and proficiency in education and cultural affairs of the prisoner.
(3) If any civil prisoner, under-trial prisoner or criminal prisoner sentenced to simple imprisonment for a term exceeding three months, opts for, and engages himself in, labour, he shall be entitled to remission under sub-section (1).
(4) If any criminal prisoner referred to in sub-section (1) withdraws from, or refuses to perform, any sort of work, he shall not be entitled to remission under sub-section (1) until he resumes work and, on such resumption, he shall be entitled to remission under that sub-section.
(5) Notwithstanding anything contained in the foregoing provisions of this section, if a person serving a sentence in a correctional home, being convicted for any offence affecting human body or property, commits an offence punishable under sections 148, 224, 302, 304, 307, 308, 326, 354, or 377 of the Indian Penal Code, and is convicted for the same by a competent court, be he shall not be entitled to remission under sub-section (1) during the remaining period of the sentence for the first conviction or during the period of the sentence for the second conviction.
(6) The Inspector General of Correctional Services may grant special remission to a prisoner on such grounds and to such extent as may be prescribed.
(7) The State Government may by order grant remission to all prisoners on any festive or memorable occasion.
(8) A male criminal prisoner who has attained the age of 75 years, or a female criminal prisoner who has attained the age of 45 years, while serving sentence in a correctional home, or a criminal prisoner who has completed seven years’ imprisonment, shall be entitled to ordinary remission at the rate of six days per month commencing from the date of attaining the age of 75 years in the case of a male criminal prisoner or 45 years in the case of a female criminal prisoner or from the date of completion of 7 years’ imprisonment, as the case may be, and if his conduct during imprisonment is unblemished, the Superintendent may grant him special remission for any period which shall not exceed three months during the entire period of his conviction.
(9) A prisoner shall not be deprived of remission admissible under sub-section (1) if,’in the opinion of the Superintendent he is incapacitated to perform any labour for reasons beyond his control.
(10) If a prisoner released on parole under sub-section (1) of section 62 commits an offence punishable under any of the provisions of the Indian Penal Code or any other law for the time being in force and is committed by any court or other competent authority to rigorous imprisonment for any term, the period of imprisonment of such prisoner shall not entitle him to any remission admissible under this section.
59. Special remission to examinees. – (1) A prisoner, who intends to appear in any examination conducted by any University or other statutory body or recognised institution while serving a sentence, shall be entitled to special remission on each such occasion at the following rates:-
(a)
for Madhyamik or equivalent examination
..
ten days;
(b)
for Higher Secondary or equivalent examination
..
twenty days;
(c)
for any Degree examination
..
thirty days.

(2) For the purposes of sub-section (1), the Superintendent of a correctional home shall, with the approval of the Inspector General of Correctional Services, decide where a particular examination is equivalent to Madhyamik, Higher Secondary or Degree examination.
60. Remission Register. – The Superintendent shall cause to be maintained a Remission Register in such form as may be prescribed, and shall check the Remission Register at least twice in every month.

61. Release. – (1) Every prisoner shall be released from the correctional home on the particular date on which his release becomes due. Such date of release shall be calculated by making deduction of the following periods from the total period of imprisonment of the prisoner:-
(i) the period of remission earned or granted under section 58 or section 59;
(ii) the period of set off under section 428 of the Code of Criminal Procedure, 1973;
(iii) the period of remission, if any, granted by the State Government under section 432 of the Code of Criminal Procedure, 1973;
(iv) the period, if any, commuted by the State Government under section 433 of the Code of Criminal Procedure, 1973.
(2) A prisoner shall also be released on receipt by the Superintendent of any order of release made by any competent court, or any order of premature release made by the State Government, on consideration of such matters as may be prescribed, in the following cases :-
(i) when a convicted prisoner, other than a prisoner referred to in subsection (4), has undergone continuous imprisonment in the correctional home for a period of 14 years including the period of release on parole and the period of remission earned or granted to him;
(ii) when a convicted prisoner is in danger on account of sickness or is suffering from complete blindness or infirmity caused by old age or leprosy or tuberculosis;
(iii) when the Superintendent recommends to the State Government the early release of such reformed prisoner on completion of a part of the period of imprisonment as shall not cause any danger to the community;
(iv) when the provisions of clause (i) or clause (ii) or clause (iii) do not apply to a prisoner who is about to complete a period of 20 years of continuous detention including the period of release on parole and the period of remission, if any, earned or granted to him, and has to his credit a satisfactory record during the last 3 years of detention.
(4) (a) Notwithstanding anything contained in the foregoing provisions of this section, where a sentence of imprisonment for life is imposed on conviction of a person for an offence for which death is one of the punishments provided by law or where the sentence of death imposed on a person is commuted to imprisonment for life under section 433 of the Code of Criminal Procedure, 1973, such person shall not be released except on parole, unless he has served at least 14 years of imprisonment.
(b) The provisions of this sub-section shall apply only in the case of conviction or commutation as aforesaid made after the 18th day of December, 1978 but shall not apply in the case of conviction by way of imprisonment for life, though made after the 18th day of December, 1978, is such conviction arises out of an appeal against the order of acquittal passed before the 18th day of December, 1978, by any trial court.
(5) When an under-trial prisoner has been confined in a correctional home for a period of three months under orders of a court, the Superintendent shall, before the expiry of the said period of three months, make a reference to that court or to the court before which his trial is pending seeking instructions for his confinement beyond the period of three months. If the Superintendent is of opinion that the prisoner has been confined beyond the maximum period of imprisonment which may be inflicted for the offence disclosed in the custody warrant, he may invite the attention of the court which remanded the prisoners into custody, or the court before which the trial of the prisoner is pending, to the said fact and seek orders for the release of the prisoner.
(6) The manner in which a prisoner, and especially a female or lunatic or sick or infirm prisoner whose relative or friend does not come to receive the prisoner, shall be released and the rate at which the diet charge and travelling allowance shall be paid to the different classes of prisoners shall be such as may be prescribed.
Explanation [* * *]2013
62. Release on parole. – (1) A prisoner sentenced to imprisonment for a period of two years or more may be released by the Inspector General of Correctional Services on parole for such period, not exceeding one month excluding the period required for journeys from and to the correctional home, as may be prescribed on the execution by the prisoner of a bond for a sum, not exceeding one thousand rupees, and on giving an undertaking of good behaviour during the period of his release on parole without any surety or with surety for such amount of security as the State Government may determine and subject to such other conditions as may be imposed by the State Government, and no prior permission or approval of the police shall be necessary before such release:
Provided that if the prisoner owns immovable property sufficient to cover the amount of security, he shall be released on parole without surety on execution of the bond describing the particulars of the immovable property:
Provided further that where the immovable property owned by the prisoner is not sufficient to cover the amount of security, the Superintendent may accept a bond executed by a relative of the prisoner possessing immovable property sufficient to cover the amount of security and release the prisoner on parole.
(2) No prisoner shall be released on parole under sub-section (1) unless,
(a) he has served imprisonment for one year, if he has been sentenced to imprisonment for a period of two years but not exceeding five years; or
(b) he has served imprisonment for two years, if he has been sentenced to imprisonment for a period of more than five years;
and no such prisoner shall be released on parole during the remaining period of imprisonment.
(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the Inspector General of Correctional Services may grant release of any prisoner for a period not exceeding five days in case of any emergency, such as serious illness of his near relative or friend or marriage of his son, daughter, brother or sister or funeral of his near relative friend or son or daughter or brother or sister or any ceremony in which his participation according to the prevalent custom is essential:
Provided that if the release of a prisoner is immediately necessary on parole in case of any emergency as aforesaid, the Superintendent may, subject to ratification by the Inspector General of Correctional Services, release such prisoner for a period not exceeding five days as may be considered necessary, and may requisition police escort for the prisoner during the period of such release and, in such case, the execution of any bond or the furnishing of any surety shall not be necessary.
(4) No prisoner shall be released on parole under sub-section (1) if-
(a) he is habitual offender, or
(b) his release in the ordinary course is due within six months from the date on which he applies for release on parole, or
(c) he has been convicted for an offence punishable under chapter XII or chapter XVII (excluding the offence of criminal breach of trust and mischief), or for an offence of forgery punishable under section 465, of the Indian Penal Code or for an offence involving violation of the provisions of the Imports and Exports (Control) Act, 1947, or of any other law regulating or controlling the essential services and supplies or regulating or prohibiting the adulteration of food and medicine.
(5) If during his confinement in a correctional home, a prisoner is elected a member of the legislature of a State or a member of Parliament or a member of a local authority and is required to take his oath as such member before any authority under the provisions of any law for the time being in force, the Inspector General of Correctional Services shall grant him release on parole for such period as may be necessary for the purpose.
(6) Notwithstanding anything contained in the foregoing provisions of this section, the State Government may make rules to provide that a prisoner may enjoy the privilege of release on parole for different terms in a year on such conditions as may be specified therein.
(7) Except in the case of a prisoner referred to in sub-sections (2) and (3) of section 63, the period for which a prisoner is released on parole together with the period required for journeys from and to the correctional home shall be deemed to be the period for which the prisoner has served the sentence.
(8)(a) When a prisoner is released on parole under sub-section (1) or subsection (3) or sub-section (5), he shall be furnished with a certificate signed by the Superintendent showing the name of the prisoner, the name of the father of the prisoner, the period of release on parole and the place of staying during the said period. A duplicate copy of the certificate shall be retained by the correctional home.
(b) The prisoner shall report to the police-station of the place of his staying during the period of release on parole to enable the local police to keep a watch on his activities.
(9) After the prisoner has returned to the correctional home on the expiry of the period of parole granted under sub-section (1), the amount of security deposited by him or by any relative or friend of his on his behalf shall be refunded. If the prisoner fails to return to the correctional home on the due date, the amount of security shall, unless satisfactory reasons are shown, be forfeited.
63. Surrender of prisoner released on parole. – (1) A prisoner released on parole under section 62 shall, on the expiry of the period of his release excluding the period required for journeys from and to the correctional home, surrender to the correctional home from which he was released.
(2) If any prisoner released on parole under section 62 does not surrender to the correctional home from which he was released as required under sub-section (1), he shall, on the basis of necessary requisition made by the Superintendent, be arrested by the police without warrant and delivered to the correctional home whereupon he shall be produced for trial before a Metropolitan Magistrate if the correctional home is situated in Calcutta as defined in the Calcutta Municipal Corporation Act, 1980, or the Chief Judicial Magistrate of the district in which the correctional home is situated, and shall be punished with such further imprisonment for a term not exceeding three years as the court may decide. The offence shall be cognizable and non-bailable. Such prisoner shall be released on his serving such further period of imprisonment as may be imposed on him.

CHAPTER XVIII

Transfer of prisoners

64. Transfer of prisoners. – (1) Notwithstanding anything contained in section 45, the Inspector General of Correctional Services may, in his discretion or on an application made to him, transfer any prisoner from one correctional home to another within West Bengal or from a correctional home in West Bengal to a correctional home or prison in any other State with the consent of the Inspector General of Prisons of that State. Such prisoner shall be given the facility of writing letters to his relatives and friends intimating his transfer to a different correctional home and the number of letters so written by him shall not be taken into account for the purpose of sub-section (1) of section 50.
(2) The Inspector General of Correctional Services may, on the request of the Inspector General of Prisons of any other State, transfer a prisoner confined in a correctional home, who is domiciled in West Bengal, to a prison in that State where the prisoner is required in connection with the trial of any offence committed by him in that State.
(3) (a) Subject to the provisions of this Act and the rules made thereunder, the Superintendent of a district correctional home shall have the power-
(i) to transfer a prisoner from a district correctional home to the central correctional home on grounds of over-crowding;
(ii) to transfer a prisoner, sentenced to rigorous imprisonment for any period exceeding three years, from the district correctional home to the central correctional home;
(iii) to transfer a female prisoner, whether convicted or under-trial, to the central correctional home if there is no other female prisoner in the district correctional home;
(iv) to transfer a criminal lunatic or non-criminal lunatic to the central correctional home or, if there is any standing order of the Inspector General of Correctional Services requiring lunatics to be kept in custody in a particular correctional home, to that correctional home, provided no order for his transfer to any lunatic asylum or mental asylum or mental hospital is received during the period of one month from the date of admission of the lunatic into correctional home.
(b) In all cases referred to in clause (a), the Superintendent shall send immediate communication to the Inspector General of Correctional Services, and shall give prior intimation to the Superintendent of the correctional home to which the prisoner is transferred about such transfer.
(c) The Superintendent of the correctional home to which a prisoner is transferred from a district correctional home shall receive the prisoner so transferred, and the transfer order made by the Superintendent of such district correctional home shall be considered sufficient warrant for taking into custody of such prisoner.
(d) If the prisoner sentenced to imprisonment for any period exceeding three months is admitted into a subsidiary correctional home, he shall, within 15 days from the date of his conviction, be sent by the Superintendent to the district correctional home, and if there is no such district correctional home, to the central correctional home.
(e) If a prisoner is convicted by a court-martial and is confined in any correctional home not being situated in his home district, and if such prisoner expresses his desire to the transferred to a correctional home which may be nearer to the place of ordinary residence of his family, he shall be transferred to such correctional home, and in all cases in which a court-martial prisoner expresses such desire, the Superintendent shall, as expeditiously as possible, obtain order from the inspector General of Correctional Services for the transfer of such prisoner to such correctional home and, on receipt of such order from the Inspector General of Correctional Services, the Superintendent shall take steps for carrying out the order.
(f) In cases of emergency and natural calamity like cyclone, flood, prevalence of widespread epidemic disease, earthquake or violent riot, if the keeping of prisoners in the correctional home becomes dangerous to the lives of the prisoners, the Superintendent of the district correctional home may, without the prior permission of the Inspector General of Correctional Services, transfer the prisoners to the central correctional home or to any other place making adequate security arrangements. Such place of temporary dwelling for the prisoners shall be deemed to be the correctional home for so long as the prisoners are detained there.
(g) If a prisoner, who is not ordinarily a resident of West Bengal, makes an application for transfer of himself to a correctional home or prison in his home State, the Superintendent shall immediately forward such application to the Inspector General of Correctional Services. On receipt of such application, the Inspector General of Correctional Services shall communicate with the Inspector General of Prisons of the State to which the prisoner concerned wants to be so transferred, and if the Inspector General of Prisons of the other State gives consent to the transfer of such prisoner, the Inspector General of Correctional Services shall inform the Superintendent to arrange for the transfer of such prisoner. On receipt of such information from the Inspector General of Correctional Services, the Superintendent shall make arrangements for the transfer of such prisoner to such correctional home or prison.
(h) If in any subsidiary correctional home there is excessive overcrowding or if there occurs any emergency of the nature mentioned in clause (f), the Superintendent shall have the power to transfer such number of under-trial prisoners as may be deemed necessary to the district correctional home or, where there is no separate district correctional home, to the central correctional home without the prior permission of the court by which the prisoner was remanded to custody or to which the prisoner is to be produced for trial. The Superintendent of such subsidiary correctional home shall send immediate intimation of such transfer to the aforesaid court.
(i) If any process issued by a court of competent jurisdiction requiring the attendance of a prisoner confined in a correctional home for the purpose of giving evidence in any suit, trial or proceeding pending before such court, is served upon him or if any intimation for production of such prisoner for answering any charge is received from any court, the Superintendent shall take steps for production of such prisoner before such court on the appointed date, and may, for the said purpose, transfer such prisoner to the correctional home which is located nearest to such court with instructions for production of the prisoner so transferred before the court on the appointed date.
(j) The State Government may provide for the transfer of prisoners, not covered by the provisions of this Chapter, in such manner as may be prescribed.
(4) Upon the transfer a prisoner preparing for an academic examination under any University or Board or recognised institution to a correctional home where there is no co-examinee nor are there necessary books in the library thereof, he may apply to the Superintendent for his re-transfer to a correctional home having a co-examinee and a library with necessary books, and the Superintendent may, with the concurrence of the Inspector General of Correctional Services transfer him to a correctional home having a co-examinee and a library with necessary books.
(5) When a female prisoner is transferred under sub-section (1), the Superintendent shall arrange for a female attendant to accompany her during the entire journey, and a female prisoner shall not be made to travel with male prisoners in the same vehicle or in the same compartment of a train during journey on transfer from one correctional home to another.
(6) When a prisoner is transferred under sub-section (1), he shall not be hand-cuffed or tied with a rope during journey from one correctional home to another.
(7) When a female lunatic is transferred from a correctional home to an asylum or from an asylum to a correctional home or is released from a correctional home and sent to the custody of her relative or friend or when recovered female lunatic is sent to the court of trial, the Superintendent shall engage a female warder or any other female attendant to accompany her during the journey in addition to the usual police escort. If it is not possible for the Superintendent to engage a female warder or any other female attendant to accompany a female lunatic to be transferred to an asylum, he shall request the Superintendent of the asylum to send a female keeper who shall arrive at the correctional home on the date of transfer of the female lunatic and accompany her during the journey.
(8) No prisoner shall be transferred from one correctional home to another or be allowed to proceed to attend a court for trial unless the Medical Officer certifies him to be physically fit to undertake the journey for the purpose. The court shall be requested to postpone the trial of the prisoner if the Medical Officer does not certify the prisoner to be fit to attend the court.
65. Transfer of ex military persons or other persons committed by a civil court to the States of their origin. – (1) The Inspector General of Correctional Homes and Correctional Services may transfer an ex military person or other person convicted by a civil court and confined in a correctional home to a correctional home in the State of his origin with the prior consent of the Inspector General of Prisons of that State to enable such person to be as nearer to his home as possible so that such person may have more congenial atmosphere as respects food, climate, association, reformative treatment, interviews and visits of relatives and friends. If such person does not wish to be transferred to the State of his origin for reasons to be recorded by him in writing, the Inspector General of Correctional Services may consider such reasons and pass such orders as he deems fit.
(2) An ex military person convicted by a court-martial held outside India and repatriated to India for custody in a correctional home in West Bengal may be transferred by the Inspector General of Correctional Services for confinement in a correctional home situated in the State of origin of such person with the prior consent of the Inspector General of Prisons of that State:
Provided that no such transfer shall be made if there are sufficient reasons for custody of such person in a correctional home in West Bengal.

CHAPTER XIX

Female prisoners

66. Correctional homes for female prisoners. – (1) The State Government shall establish such number of correctional homes for female prisoners as it may consider necessary. Pending the establishment of correctional homes for female prisoners, both male and female prisoners shall be confined in the same correctional home:
Provided that the female prisoners shall be accommodated in the female ward of a correctional home till they are transferred to a correctional home for female prisoners as and when established.
(2) A correctional home for female prisoners shall have the status of a district correctional home and shall be of the type of a work centre. Medical Officers, pharmacists, trainers, matrons and other staff of such correctional home shall be females:
Provided that male security staff may be employed for duties outside such correctional home and inside the office thereof.
67. Segregation of female prisoners. – (1) Female prisoners may be accommodated in a correctional home for female prisoners or in the female ward of a correctional home, as the case may be, in the following manner:-
(a) female prisoners classified as habitual offenders shall be segregated from female non-habitual offenders;
(b) female under-trial prisoners shall be segregated from female convicts;
(c) female prisoners convicted or charged for an offence under the Bengal Suppression of Immoral Traffic Act, 1933 or for any sexual or other offence involving grave moral depravity, shall be segregated from all other types of female prisoners.
Explanation. – For the purpose of clause (c), the offence of pick-pocketing or shop-lifting shall be deemed to be an offence involving grave moral depravity.
(2) No male officer or warder shall enter the female ward or enclosure except for the performance of his duties under this Act or the rules made thereunder or for carrying out the orders of his superior. In such case, the officer or warder shall be accompanied by the matron and a female warder in a central correctional home and by a female warder in a district or subsidiary correctional home for so long as such male officer or warder remains in the female ward or enclosure on duty:
Provided that such male officer or warder may enter the female ward or enclosure at night only for discharge of an unavoidable duty which cannot be held up till the next morning and, in such emergency, the male officer or warder shall make an entry in the gate register noting down the purpose and time of his entry and the time of his exit and shall be accompanied by a matron or a female warder.
(3) A female prisoner shall not be accommodated in a female ward alone. If there is no other female prisoner in the correctional home, the Superintendent shall depute a female warder to stay and sleep with the female prisoner at night. In a subsidiary correctional home where there is no female warder, the Assistant Controller shall employ a female warder from the panel prepared by the Superintendent to stay and sleep with the female prisoner as aforesaid.
(4) The male warders escorting any visitor shall remain outside the female ward or enclosure and the visitor shall enter the female ward or enclosure accompanied by two officers not below the rank of Controller.
(5) A police-officer may, on the orders of a competent court, take the footprint, finger impression, photograph or measurement of a female prisoner in the office of the correctional home in the presence of an officer of the correctional home, not below the rank of Controller or Assistant Controller and the matron or a female warder.
(6) When a female prisoner is confined in a cell, the key of the cell shall be in the custody of the female warder who shall be within hearing distance of the female prisoner and, for the day and night, two separate female warders shall be placed on duty as far as practicable.
68. Works to be performed by female prisoners. – Female prisoners shall generally be employed in the types of work to which they are accustomed. Female prisoners sentenced to imprisonment for any period exceeding six months shall be trained bread-earning avocation such as bamboo crafts, woodcrafts, doll making, embroidery, painting of earthen pichers and pots, tailoring, weaving of tapes, towels, scarts, knitting of woollen garments, and childcare etc., and in performing arts such as music and dramatic art. For the aforesaid purpose, lady trainees may be employed on payment of such remuneration as may be prescribed.
69. Confinement of female prisoner with child. – (1) If a woman is arrested on a criminal charge and is confined in a correctional home as an under-trial prisoner or convicted prisoner and has a child who has not attained the age of five years, she shall be allowed to retain the child with her in the correctional home till the child attains the age five years unless her husband or any other relative offers to maintain the child during the period of her confinement in the correctional home.
(2) The Superintendent shall be responsible for proper care and nourishment of the child retained in the correctional home under sub-section (1). When the child attains the age of five years during the term of imprisonment of the female prisoner, the child shall be given to her husband or, in his absence, to any other relative according to her choice. In case the husband or other relative does not accept the child, the Superintendent shall send a notice to the Commissioner of Police or the District Magistrate, as the case may be, who shall make arrangement for the custody of the child in consultation with the Director of Social Welfare, West Bengal.
(3) If a child is born of a female prisoner in a correctional home, the Superintendent shall make all hygienic arrangements as are necessary, both for the mother and the child, provide facilities for the performance of such ceremonies as are customary to the community to which the female prisoner belongs, and grant such amount to meet the cost of the ceremony as may be prescribed.

CHAPTER XX

Condemned prisoners

70. Privileges of condemned prisoners. – (1) For removal of doubt, it is hereby declared that for the purposes of this Act, a prisoner sentenced to death by a competent court shall be called a condemned prisoner.
(2) A condemned prisoner, who is placed in Division I before conviction, shall, on conviction, continue to enjoy the privileges of a Division I prisoner subject to such restrictions as may be prescribed.
(3) A condemned prisoner, not classified during the period of confinement before conviction, shall, from the date of conviction to death sentence, be entitled to get such facilities admissible to a Division I prisoner as may be prescribed :
Provided that the Superintendent may allow a condemned prisoner such changed diet to be chosen by the condemned prisoner within such price limit as may be prescribed.
(4) The Superintendent shall provide a condemned prisoner from the date of conviction to death sentence with full opportunity of recreation in such form as may be prescribed.
(5) The procedure for accommodation and custody of, and facilities and amenities available to, a condemned prisoner shall be such as may be prescribed.
71. Appeal by condemned prisoner. – (1) If a condemned prisoner desires to prefer an appeal to the High Court, the Superintendent shall forward such appeal as promptly as possible and shall, if necessary, arrange for free legal aid to him. If the High Court dismisses the appeal and confirms the death sentence, and thereupon the condemned prisoner desires to prefer an appeal to the Supreme Court, the Superintendent shall afford to the condemned prisoner all facilities for preferring such appeal and arrange for free legal aid to such prisoner, if he so desires.
(2) If the Supreme Court dismisses an appeal preferred by a condemned prisoner, the Superintendent shall ascertain from him whether he desires to make a mercy petition to the Governor of the State or to the President of India. If the prisoner desires to make such petition, the Superintendent shall contact the local legal aid committee or the District and Sessions Judge or the Chief Justice of the High Court, as the case may be, and arrange free legal aid for him.

CHAPTER XXI

Criminal and non-criminal lunatics

72. Confinement of non-criminal lunatics. – (1) (a) No non-criminal lunatic shall be confined in any correctional home and no court or any other authority shall make an order committing a non-criminal lunatic to a correctional home for custody except in a case where immediate arrangement cannot be made for lodging such lunatic in a lunatic asylum or in any other place.
(b) When a non-criminal lunatic is committed by a court or any other authority to the custody of a correctional home under clause (a), the Superintendent shall admit such lunatic and request the court concerned for transfer of the lunatic to a lunatic asylum as early as possible. When a female non-criminal lunatic is so confined in a correctional home and is subsequently transferred under orders of the court to a lunatic asylum, the Superintendent shall arrange for a female attendant to accompany her in addition to the usual police escort.
(2) No court or other authority shall, by a writ, warrant or order, commit a non-criminal lunatic to a correctional home for custody for a period exceeding fifteen days at a time and no court shall make more than six such successive writs, warrants or orders so that the total period of confinement as aforesaid does not exceed three months. On the expiry of the said period, the Superintendent shall send back the non-criminal lunatic to the court for transfer of the lunatic to a lunatic asylum.
(3) When a court commits a non-criminal lunatic to a correctional home for custody by a writ, warrant or order which is not in accordance with the provisions of sub-section (1) or sub-section (2), the Superintendent shall not comply with such writ, warrant or order and shall invite the attention of the court to the said provisions for reconsideration of the writ, warrant or order, as the case may be.
73. Confinement of criminal lunatics. – (1) (a) The State Government shall set up in every central correctional home a separate ward or wing for custody and care of criminal lunatics. Such ward or wing shall be placed under the charge of a qualified psychiatrist who shall be a whole time officer of the central correctional home and shall be under the direct control of the Chief Medical Officer of Correctional Homes. The State Government may appoint such number of psychiatrists in a central correctional home as may be necessary. Where there are two or more psychiatrists in a central correctional home, the seniormost psychiatrist shall be designated as the Chief Psychiatrist and the other psychiatrist or psychiatrists shall be sub-ordinate to the Chief Psychiatrist.
(b) There shall be established an institution for the custody of curable lunatics. The State Government shall appoint such number of officers and other staff for the administration of such institution as may be prescribed.
(2) If any person of unsound mind is admitted to a correctional home as an under-trial prisoner or if a convicted prisoner is found, on medical examination after his admission into a correctional home and while serving a sentence, to be of unsound mind, the Superintendent shall move the Inspector General of Correctional Homes and Correctional Services for orders for the transfer of such prisoner to a central correctional home having a ward or wing set up under clause (a) of sub-section (1) for custody and care and shall transfer the concerned prisoner to the central correctional home approved by the Inspector General of Correctional Homes and Correctional Services.
(3) When a prisoner is transferred from a correctional home to a central correctional home under sub-section (2), the Superintendent of the correctional home from which he is transferred shall communicate the fact of such transfer to the near relative or friend of such prisoner if the name of the relative or friend, as the case may be, is ascertainable from the records of the correctional home.
(4) When an under-trial prisoner or a convicted criminal lunatic is found by the Medical Officer or the Psychiatrist in charge of the world of wing of a central correctional home to have been cured, he shall make a report to that effect to the Chief Medical Officer of Correctional Homes. On receipt of such report, the Chief Medical Officer shall examine the concerned prisoner or cause him to be examined by an expert. If the Chief Medical Officer is satisfied that the concerned prisoner has been completely cured of mental derangement and is fit to understand the proceedings of the court or to serve the sentence, as the case may be, he shall issue a certificate to that effect. On receipt of the certificate from the Chief Medical Officer, the Superintendent shall, with the approval of the Inspector General of Correctional Services, transfer the concerned prisoner the correctional home within the jurisdiction of the court before which the trial of the under-trial prisoner is pending or to the correctional home in which the convicted prisoner was serving sentence, along with a copy of the certificate of the Chief Medical Officer.
(5) The Superintendent of the correctional home to which a under-trial prisoner is transferred under sub-section (4), shall forward a copy of the certificate from the Chief Medical Officer to the Court before which the trial of the said prisoner is pending for consideration of the court as to the commencement of his trial.
(6) The period during which a convicted criminal lunatic suffers from unsoundness of mind shall be computed as the period of sentence served by him. In the case of an under-trial criminal lunatic, the period of such unsoundness of mind shall be considered as the period of confinement as an under-trial prisoner.

CHAPTER XXII

Under-trial prisoners

74. Under-trial prisoners. – (1) Where the date for identification of an under-trial prisoner has been fixed by the court, the prisoner shall be put to identification parade in such manner as may be prescribed.
(2) Every under-trial prisoner shall be subjected to as little interference as is consistent with the order and discipline of a correctional home. He shall be allowed to change his clothes in such a way that his identification is not materially hampered and to retain with him his shoes, spectacles and other articles as, in the opinion of the Superintendent, may be permitted to be kept without impairing the discipline and safety of the correctional home.
(3) If an under-trial prisoner volunteers for work, he shall receive wages for the work allotted to him at the prescribed rate and shall be supplied diet admissible to a labour prisoner of the division to which he belongs.
(4) No under-trial prisoner, who is sick or injured, shall be admitted to a correctional home having no arrangement for his treatment. A sick under-trial prisoner shall receive treatment in accordance with the provisions of sections 44 and 45. The Superintendent shall communicate the fact of illness of the under-trial prisoner to the court before which his trial is pending, contact the local legal aid committee, if any, for securing release of the prisoner on bail, and inform the relatives or friends of the prisoner as to the condition of his illness. In the case of probable delay in securing bail of the prisoner or in admitting him to a hospital, the Superintendent shall call in a doctor for the treatment of the prisoner at the cost of the correctional home. In the case of death of such prisoner, the Superintendent shall take steps in accordance with the provisions of section 46.

CHAPTER XXIII

Special provisions for Division I prisoners

75. Accommodation for Division I prisoners. – (1) A Division I prisoner shall, without prejudice to the other provisions of this Act, be accommodated as far as possible in a cell which shall not amount to punishment or solitary confinement. Such prisoner, whether accommodated in a cell or ward, shall be provided with chair, table, light, iron cot, mattress, cotton pillow with cover, blanket, mosquito net, mirror, comb and such other items and at such scales as may be prescribed.
(2) A Division I prisoner, who is a student or an examinee or is in the habit of spending time in reading or educational pursuits, shall be provided with a table lamp.
(3) Each cell or ward for accommodation of Division I prisoners shall be provided with such type and such number of electric fans to be operated for such period of a year and for such hours of a day as may be prescribed.
76. Other amenities. – (1) Every Division I prisoner shall –
(a) receive during travel in custody daily allowance equivalent to twice the price of his daily diet in the correctional home (including the price of tea and breakfast);
(b) be supplied with tooth-brush, tooth-paste, toilet soap of standard size and good quality, coconut oil, and utensils of good quality for cooking, at such scales as may be prescribed;
(c) have the service of barber every alternate .day for shaving and once a month for hair dressing;
(d) be supplied at the cost of the correctional home with such writing materials at such scales as may be prescribed;
(e) be supplied with newspaper at the cost of the correctional home and with such books and periodicals received from his relatives and friends as are, in the opinion of the Superintendent, not prohibited under the provisions of any law for the time being in force;
(f) be supplied with food received from his relatives and friends, subject to caution as to security hazard of prisoners;
(2) In a correctional home, –
(a) where the number of Division I prisoners does not exceed nine, the diet for them shall be cooked separately from that for Division II prisoners;
(b) where the number of Division I prisoners exceeds nine, there shall be a separate kitchen for them and they shall be entitled to supervise the cooking and to suggest menu.

CHAPTER XXIV

Prisoners’ attendance in courts

77. Prisoners’ attendance in courts. – (1) Any court exercising civil or criminal jurisdiction may, if it thinks that the evidence of any prisoner confined in a correctional home is material in any matter pending before it, make an order directing the Superintendent of the correctional home to produce such person before such court on the date and at the time specified in the order, and the Superintendent shall comply with such order.
(2) Any court exercising criminal jurisdiction may, if it thinks that the attendance of any person confined in a correctional home against whom a charge of an offence has been made or is pending before the said court for disposal, make an order directing the Superintendent of the correctional home to produce such person before such court on the date and at the time specified in the order, and the Superintendent shall comply with such order.
(3) Where a court making an order under sub-section (1) or sub-section (2), as the case may be, sits in a district different from the district in which the correctional home is situated, the said order shall be sent to the Superintendent concerned through the Inspector General of Correctional Services.
(4) If the person for whose attendance an order has been made under subsection (1) or sub-section (2), as the case may be, –
(a) is certified by the Medical Officer to be unfit to undertake the journey to attend such court, or
(b) is undergoing a trial before any other court and is required to be produced before that court on the same date, the Superintendent shall intimate the court accordingly.
(5) When a prisoner is required to be produced under sub-section (1) or subsection (2) before a court situated outside the jurisdiction of the Chief Metropolitan Magistrate, the Superintendent of Police of the district shall make adequate arrangement for police escort for transmission of the prisoner from the correctional home to the court and vice versa.
(6) When a prisoner is required to be produced under sub-section (1) or subsection (2) before a court situated within the jurisdiction of the Chief Metropolitan Magistrate, the concerned Deputy Commissioner of Police, Calcutta, shall make adequate arrangement for police escort for transmission of the prisoner to the court and vice versa.
78. Issue of Commission for examination of prisoners in correctional home. – (1) Where it appears to a civil court that –
(a) the attendance of any prisoner cannot be secured by” virtue of the provisions of sub-section (4) of section 77, or
(b) the evidence of any prisoner confined in a correctional home situated outside West Bengal or beyond 80 kilometers from such court is material in any matter pending before such court, it may, if it thinks fit, issue a Commission under the provisions of the Code of Civil Procedure, 1908, for examination of such prisoner inside such correctional home.
(2) When a Commission has been issued under sub-section (1) for examination of a prisoner inside of correctional home, the provisions of the Code of Civil Procedure, 1908, or the Code of Criminal Procedure, 1973, as the case may be, shall apply in relation to such examination, and the Superintendent shall give the facilities to the Commissioner and the lawyers representing the parties to the cause of action to perform their duties and discharge their functions according to law.

CHAPTER XXV

Rights of prisoners

79. Rights of prisoners. – (1) Every prisoner shall have the right of access to law. The Superintendent of every correctional home shall provide every prisoner with all reasonable opportunities for invoking the aid of law in all matters concerning his confinement and matters of personal nature. The right of access to law shall include the right of access to legal service and legal aid.
(2) Every prisoner shall have the right –
(a) to protection against unlawful aggression on his person or against imposition of ignominy in any manner not authorised by law;
(b) to protection against confinement in unhealthy or obnoxious surroundings;
(c) of having proper medical care and service for preventing deterioration of his health and for cure of ailment with which he may be attacked;
(d) to protection against unreasonable discrimination;
(e) to protection against punishment or hardship amounting to punishment, except through procedure established by law and with due opportunity of defence;
(f) of being informed of the rules of conduct which may be binding on prisoners and of the amenities and privileges of prisoners admissible under the law;
(g) of pursuing his religious faith and performing essential religious rites required by his religious faith in a manner not causing serious disturbance to the routine of the correctional home or annoyance to the other prisoners, and of observing penance in the case of death of the prisoner’s father or mother or husband as the case may be, for the period prescribed by his or her own religious custom;
(h) to protection against labour not authorised by law or in excess of the prescribed period or without payment of wages at the prescribed rate;
(i) of communication with relatives and friends as permissible under the rules;
(j) of enjoyment of fundamental rights under Chapter III of the Constitution of India in so far as they do not become incapable of enjoyment as an incident of confinement.
Explanation. – For the purpose of clause (d), classification, segregation or difference in treatment under the provisions of this Act or the rules made thereunder shall not be deemed to be unreasonable discrimination.
(3) Every prisoner shall, subject to the provisions of any law for the time being in force, have the right to vote in the elections to the State Legislature or Parliament or to any local authority.
(4) No prisoner shall be deployed at the residence of any official of the correctional home for any kind of domestic duties.

CHAPTER XXVI

Offences and punishment

80. Offence committed by a prisoner in correctional home. – (1) A prisoner shall be deemed to have committed an offence in a correctional home if he –
(i) wilfully disobeys any rule or regulation relating to internal administration of the correctional home without any lawful excuse; or
(ii) assaults or uses criminal force upon any other prisoner or an officer of the correctional home; or
(iii) deliberately or persistently uses insulting or abusive words to any other prisoner or an officer of the correctional home; or
(iv) shows any conduct, or deliberate and disorderly behaviour, outragious to normal sense of normality and decency; or
(v) wilfully injures himself or pretends his own illness with ulterior motive to avoid labour; or
(vi) refuses to work without any reasonable excuse; or
(vii) wilfully causes damage or mischief to any property of the correctional home; or
(viii) wilfully mismanages his work or causes loss or diminution of the product of his labour through unfair means or tampers with any implement of work without any lawful excuse; or
(ix) tampers with or defaces any history ticket or record or document relating to the correctional home; or
(x) receives or possesses any prohibited article or transfers or attempts to transfer any prohibited article for despatch outside the correctional home; or
(xi) wilfully malingers; or
(xii) wilfully withholds any information or refuses or omits to disclose any information which has come to his knowledge about the occurrence or chance of occurrence of any danger to any other prisoner or any conspiracy for escape from the correctional home or preparation thereof or any attack or preparation of attack upon any other prisoner or any officer of the correctional home; or
(xiii) attempts to escape, or conspires with any other prisoner to escape, or assists any other prisoner to escape, from the correctional home or abets any of the aforesaid acts; or
(xiv) commits such other act as may be prescribed.
(2) Each of the acts referred to in clauses (ii), (v), (vi), (viii), (ix), (x) and (xiii), or the mischief referred to in clause (vii) (if and when it involves a loss of one hundred rupees or more at any one time), of sub-section (1) shall constitute a major offence, and each of the other acts referred to.in that sub-section shall constitute a minor offence :
Provided that if a prisoner commits a major offence on more than two occasions, he shall be deemed to have committed a major offence and shall be punished under sub-section (1) of section 81.
81. Punishment for offences committed by prisoners within correctional home. – (1) Any prisoner, who commits a major offence within the meaning of sub-section (2) of section 80, shall be punished, at the discretion of the Superintendent, with-
(i) irksome work involving hard toil for a period not exceeding fifteen days; or
(ii) forfeiture of remission for a period not exceeding fifteen days; or
(iii) disentitlement to recreational activities for a period not exceeding fifteen days; or
(iv) disentitlement to the privileges of writing letters to, and interviews with, relatives and friends for a period not exceeding two months; or
(v) such other punishment as may be prescribed :
Provided that no prisoner shall be punished with more than one punishment for a single offence.
(2) Any prisoner, who commits a minor offence within the meaning of subsection (2) of section 80, shall be punished, at the discretion of Superintendent, with –
(i) warning which shall be entered in his history ticket; or
(ii) forfeiture of remission for a period not exceeding seven days; or
(iii) disentitlement to the privileges of writing letter to, and interviews with, relatives and friends for a period not exceeding one month; or
(iv) such other punishments as may be prescribed :
Provided that no prisoner shall be punished for more than once for the same offence.
(3) All punishments imposed on a prisoner during a spell of his imprisonment shall be entered in his history ticket as well as in the punishment register maintained by the Superintendent in such form as may be prescribed.
(4) Notwithstanding anything contained in sub-section (1) or sub-section (2), the Superintendent shall suspend the punishment imposed by him on a prisoner under sub-section (1) or sub-section (2) for such period as may be recommended by the Medical Officer after medical examination of the prisoner.
82. Offences punishable under the Indian Penal Code, etc. – (1) Where a prisoner commits within a correctional home an offence punishable under the Indian Penal Code or any other law for the time being in force, and if the Superintendent finds the said offence to be of a serious nature, he shall not impose any punishment on the said prisoner under sub-section (1) or sub-section (2) of section 81 but shall lodge a complaint to the Sub-Divisional Judicial Magistrate having jurisdiction or to the Chief Metropolitan Magistrate, Calcutta, if the correctional home is situated within his jurisdiction, praying for trial of the prisoner by a competent court.
(2) On receipt of a complaint under sub-section (1), the Sub-Divisional Judicial Magistrate or the Chief Metropolitan Magistrate, Calcutta, as the case may be, shall direct the Superintendent of Police or the Commissioner of Police, Calcutta, as the case may be, to investigate into the matter and frame charges against the prisoner under the provision of the Code of Criminal Procedure, 1973.
(3) When a prisoner is prosecuted under sub-section (2), the Superintendent shall arrange for his legal aid at Government cost or shall allow the prisoner to defend his case by any legal practitioner at his own cost if the prisoner so desires, and such legal practitioner shall be allowed to interview the prisoner as often as he considers necessary and the provisions of section 51 shall apply to all such interviews.
(4) The Sub-Divisional Judicial Magistrate or the Chief Metropolitan Magistrate, Calcutta, as the case may be, shall decide on the charges framed under sub-section (2), and pass such orders as he may consider expedient.
83. Offences by persons employed in correctional home. – (1) Any officer or other employee of a correctional home, who –
(i) wilfully commits a breach of any provision of this Act or the rules made thereunder; or
(ii) neglects, or omits without reasonable excuse to perform, his duties under this Act or the rules made thereunder, or
(iii) deliberately and unnecessarily indulges in any sort of harsh or cruel or humiliating behaviour to a prisoner, or
(iv) voluntarily abets the commission of any act referred to in clauses (i), (ii) and (iii), shall, when such breach, negligence or omission, indulgence, or abetment causes substantial injury to the person or property of any prisoner or to any property of the correctional home, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
(2) Any officer or other employee of a correctional home, who voluntarily causes hurt to a prisoner within the meaning of section 320 of the Indian Penal Code, shall be punished with imprisonment for a term which may extend to five years, or with fine which may extend to five thousand rupees, or with both; any officer or other employee of a correctional home, who commits any offence punishable under the Indian Penal Code, shall be punished with imprisonment which may extend to three years, or with fine which may extend to three thousand rupees, or with both.
(3) Any officer or other employee of a correctional home who,-
(i) causes diminution in the quantity, or deterioration in the quality, of diet to be served to a prisoner under this Act or the rules made thereunder with a motive of personal gain for himself or for any other person or out of malice to a prisoner, or
(ii) willfully participates or connives entry into, or despatch from, the correctional home of any narcotic drug or intoxicating or explosive substance or of any prohibited article,
shall be punished with imprisonment for a term which may extend to three years, or with fine which may extend to three thousand rupees, or with both.
(4) Any officer or other employee of a correctional home, who helps, or connives at, any attempt made by a prisoner for escape from the correctional home, shall be punished with imprisonment for a term which may extend to ten years, or with fine which may extend to five thousand rupees, or with both.
(5) An offence under sub-section (1) or sub-section (2) or sub-section (3) or sub-section (4) shall be triable by a Metropolitan Magistrate if it is committed in a correctional home within Calcutta as defined in the Calcutta Municipal Corporation Act, 1980, or by a Judicial Magistrate having jurisdiction if it is committed in a correctional home situated in a district.
(6) No prosecution shall lie against an officer or other employee of a correctional home under this section without the prior approval of the Inspector General of Correctional Homes and Correctional Services.

CHAPTER XXVII

Probation and after-care services

84. Amalgamation of service on probation and after-care services. – (1) On and from the date of coming into force of this Act, the service on probation under the Probation of Offenders Act, 1958 shall, for the purpose of securing inter-connection between services, be amalgamated with the after-care service under this Act in such manner as may be prescribed.
(2) The State Government shall for the purpose of impressing upon the public that by virtue of imprisonment for an offence under any law for the time being in force a person is not to be treated as a social outcaste, take such measures as may be prescribed.
(3) Notwithstanding anything to the contrary contained in the Probation of Offenders Act, 1958, any person appointed to be a Probation Officer by the State Government prior to the date of commencement of this Act or any person so appointed on or after the said date shall be re-designated as Probation-cum-After-Care Officer, and the duties and functions of such officer shall include the conduct of after-care services under this Act.
85. Rehabilitation assistance. – The State Government shall, with a view to securing the rehabilitation of a released prisoner in the society as a good citizen, grant to him such financial and other rehabilitation assistance in such manner as may be prescribed.
86. Rehabilitation assistance for indigent and disable persons. – Without prejudice to the generality of the provisions of section 85, the following categories of released prisoners shall be entitled to rehabilitation assistance :-
(a) released prisoners who have attained the age of sixty years;
(b) released prisoners who are infirm and have been suffering from permanent physical disability;
(c) released prisoners who lost their employment by virtue of imprisonment;
(d)released prisoners who, during their imprisonment, showed efficiency in any sort of work or handicraft or art and aesthetics or attained praiseworthy educational qualifications;
(e) unemployed released prisoners, aged not above thirty years, who have passed the Madhyamik or its equivalent examination.
87. Advisory Committee. – (1) There shall be an advisory committee consisting of twelve members, to be called the West Bengal Advisory Committee for After-Care Services to aid and advise the State Government in the matter of after-care services to, and rehabilitation of, the released prisoners.
(2) The State Government shall appoint a person, who has dedication to care and rehabilitation services, as the Chairman of the advisory committee and the Additional Inspector General of Correctional Homes and Correctional Services shall be its Member-Secretary. The half of the remaining members shall be nominated by the Home (Jails) Department, Relief and Welfare Department and Commerce and Industries Department and the remaining members shall be nominated by the State Government from amongst the persons engaged in humanitarian and social services.
(3) The advisory committee shall hold at least three meetings a year. Five members shall be a quorum for a meeting of the advisory committee.
(4) The advisory committee shall scrutinise the activities of Probation-cum-After-Care Officers and render such guidance as may be necessary.

CHAPTER XXVIII

Open correctional homes

88. Establishment of open correctional homes. – (1) The State Government shall establish one or more open correctional home with a view to grant more freedom to prisoners so as to avail themselves to adapt to community life after release from the correctional home, and the other provisions of this Act, not inconsistent with the provisions of this chapter, shall apply to such open correctional homes.
(2) The open correctional homes established under sub-section (1) shall be classified as ‘A’ type, ‘B’ type and ‘C’ type correctional homes in accordance with the provisions of sub-section (3). In A and B type open correctional homes the night lock-up shall be completed after proper counting at 8 p.m. and shall be opened at such hours as may be prescribed. In C type open correctional homes, there shall not be any night lock-up. There shall not also be any day lock-up except in a case where any prisoner violates the rules made under this Act and is found uncontrollable.
(3) The classification of open correctional homes as ‘A’ type, ‘B’ type or ‘C’ type shall be made in such manner as may be prescribed.
(4) Every prisoner accommodated in an open correctional home shall be entitled to remission as admissible under sections 58 and 59.
(5) The Superintendent may allow such visitors to an open correctional home for the purpose of learning the process of rehabilitation of convicted prisoners as may be prescribed.
(6) Any police-officer of or above the rank of Sub-Inspector of Police in the Criminal Investigation Department may visit any open correctional home to keep track of the prisoners after their release from the open correctional home and to protect them from the hardened criminals outside.
89. Selection Board. – (1) There shall be constituted for each district a Selection Board consisting of the following members for selectional of prisoners to be accommodated in different types of correctional homes :-
(a) Inspector General of Correctional Services or his nominee not below the rank of Additional Inspector General of Correctional Services – President.
(b) District Magistrate or his nominee – Member.
(c) Deputy Inspector General of Correctional Services – Member.
(d) Each of the Superintendents of central correctional homes – Member.
(e) Commissioner of Police, Calcutta or his nominee – Member.
(f) Superintendent of Police or his nominee – Member.
(2) The Selection Board constituted under sub-section (1) shall examine such prisoners for the purpose of selection for accommodation in different type of correctional homes and in such manner as may be prescribed.
(3) Notwithstanding anything contained elsewhere in this Act a prisoner, –
(a) who is not a resident of West Bengal, or
(b) who is aged less than twenty-five years or more than sixty years, or
(c) who has been stamped as a confirmed criminal by a court-martial,
shall not be considered by the Selection Board for accommodation in any type of open correctional home.
(4) A prisoner selected by the Selection Board for accommodation in any type of correctional home shall, during transit from a correctional home to an open correctional home, be sent under proper police escort but shall not be handcuffed.
90. Release of prisoner in open correctional home on parole. – (1)Without prejudice to the provisions of section 62, a prisoner accommodated in an open correctional home may, with the prior approval of the Inspector General of Correctional Services, be granted leave on parole for a period not exceeding fifteen days at a time and not more than twice a year to enable him to meet his family and the officer-in-charge of the police-station having jurisdiction over the residence of the family of the prisoner shall be informed of the name, address and period of leave on parole of the prisoner.
(2) If the leave on parole admissible to a prisoner in any year under subsection (1) has been exhausted, the Inspector General of Correctional Services may, as a special case, grant such prisoner leave on parole for such period as he may deem fit on grounds of serious illness or death of a near relative or natural calamity or any other emergency.
91. Privilege of prisoners accommodated in ‘C’ type open correctional home. – (1) Every prisoner accommodated in a ‘C’ type correctional home shall be –
(a) supplied with food, free of cost, for three months from the date of his entry into such home;
(b) assisted by the Superintendent in obtaining small trade loan from the State Bank of India or any nationalised bank guaranteed by the State Government for repayment of the loan to be utilised exclusively for the purchase of working implements and raw materials for cottage industry;
(c) allowed to go to market or to probable customers for selling of goods produced by him and to come back within 7 p.m.;
(d) allowed to go to a local mela or other congregational amusement as a visitor or to display his products for sale;
(e) allowed, on his release, to take with him the implements of work.
(2) After three months from the date of his entry into a ‘C’ type correctional home, a prisoner shall procure food out of his income from his industry and may live with his family comprising of five members at a time who may contribute to the maintenance of the family, either by participating in such industry or out of the income from any other avocation.
(3) After one year from the date of his entry into a ‘C’ type correctional home, a prisoner shall Contribute to of the income from his industry to the maintenance of the correctional home at such rate as may be prescribed.
(4) The provisions of sub-sections (2) and (3) shall apply also to a prisoner accommodated in ‘A’ type or ‘B’ type open correctional home, and a prisoner in any type of correctional home shall be permitted to open Savings Bank Account at a nearby post-office providing such facility.
92. Recreational facilities for prisoners in open correctional homes. – (1) In every open correctional home there shall be a library for lending for lending books to the prisoners, and a reading room provided with newspapers and magazines. The manner of selection of books for the library and lending or issuing the same to intending prisoners shall be such as may be prescribed.
(2) Every open correctional home shall be provided with a radio set with speakers installed in different barracks.
(3) The prisoners in an open correctional home shall be permitted to participate in cultural activities such as song, drama, instrument-music and kirtan. In a well-organised cultural, dramatic or variety performance, local villagers may be invited.
93. Reward for meritorious work. – In all types of open correctional homes prisoners may be rewarded for meritorious work at such rate, not exceeding one hundred rupees in a year, as may be prescribed.
94. Medical attendance and care of prisoners in open correctional home. – The provisions of Chapter XIII shall apply mutatis mutandis to the prisoners accommodated in any type of open correctional home.
95. Review. – The case of every prisoner accommodated in an open correctional home shall be reviewed once a month by the Superintendent who shall analyse the problems of the prisoner in detail. If the Superintendent is of opinion that any such prisoner is unfit for being accommodated in the correctional home on grounds of misconduct or unsatisfactory work or for any other cause, he shall, with the approval of the Inspector General of Correctional Services, transfer such prisoner to such correctional home as the Inspector General of Correctional Services may specify.
96. Inspection. – The Inspector General of Correctional Services or the Additional Inspector General of Correctional Services shall inspect every open correctional home once in every six months. The Deputy Inspector General of Correctional Services shall inspect every open correctional home once in every six months. The Deputy Inspector General of Correctional Services shall inspect every open correctional home once in every three months and submit a report to the Inspector General of Correctional Services.
97. Financial and administrative control. – The Inspector General of Correctional Services shall exercise such financial and administrative powers in respect of the management of open correctional homes as may be prescribed.

CHAPTER XXIX

Prisoners’ Panchayat

98. Prisoners’ Panchayat. – (1) There shall be constituted in every correctional home (including an open correctional home) a Prisoners’ Panchayat with the members from amongst the prisoners, excluding the political prisoners and detenus detained in the correctional home :
Provided that no prisoner having previous conviction for any offence under Chapter VII of the Indian Penal Code, or any offence involving moral turpitude or illicit manufacturing of, or trade in, any intoxicating substance or adulterated food, drink or medicine, or for any economic offence, shall be included in the Prisoners’ Panchayat:
(2) The Prisoners’ Panchayat shall –
(a) foster co-operation of the prisoners with the administrative authority of the correctional home and a spirit of friendliness amongst the prisoners of different correctional homes as well as a disciplined life amongst the prisoners;
(b) look after the cooking of prisoners’ food, suggest menu for the breakfast, and mid-day meal, consistent with the prescribed diet tables and price ceiling;
(c) look after, and render aid in, the various sorts of cultural and recreational activities;
(d) look after the sanitary and hygienic condition inside the correctional home as well as the privileges and amenities admissible to the prisoners under this Act or the rules made thereunder;
(e) perform such other functions as may be prescribed.
(3) The Superintendent may, if the political prisoners or detenus detained in the correctional home so desire, recognise not less than three and not more than four of their representatives for the purpose of maintaining regular contact with him in relation to their grievances, if any.
(4) The female prisoners shall have a separate Panchayat, if the number of such prisoners is ten or more. Where the number of female prisoners in a correctional home is less than ten, the Superintendent shall nominate not more than two female prisoners as their representatives who shall discharge the functions of the Prisoners’ Panchayat under sub-section (2).
(5) The Superintendent shall nominate one member of the Prisoners’ Panchayat as the Pratinidhi and another member thereof as Upa-Pratinidhi for the purpose of maintaining regular contact with him in relation to the grievances of the prisoners, if any.
(6) The manner of constitution of a Prisoners’ Panchayat, the duties and functions of the Panchayat, the duration of the Panchayat, and the duties and functions of the officers of the correctional home in relation to the Panchayat shall be such as may be prescribed.

CHAPTER XXX

Miscellaneous provisions

99. Accounts and audit. – The accounts of every correctional home shall be maintained and audited in such manner as may be prescribed.
100. Codification of rules and orders etc. – (1) The State Government shall codify the rules made and orders issued, from time to time governing the conduct of, and the amenities and privileges admissible to, the prisoners accommodated in correctional homes and make the same available to the prisoners in such manner as may be prescribed.
(2) A brief summary of the rules and orders referred to in sub-section (1) shall ,as far as practicable, be conspicuously displayed on a black board in legible hand so that the prisoners may have an opportunity of reading the same.
101. Custody of prisoners during transmission. – A prisoner shall, during transmission from one correctional home to another or during performance of any extramural labour outside the boundary walls of a correctional home, be deemed to be under the custody of the correctional home by way of imprisonment and shall be subject to all the incidences of the correctional home as if he were actually confined in the correctional home.
102. Release by order of High Court. – The High Court may grant pardon to any prisoner and recommend to the State Government for his release on personal recognizance bond. Thereupon the State Government shall pass order for his release on execution by him of such bond and, on receipt of such order, the Superintendent shall release him accordingly.
103. Training Institution for employees of correctional homes. – (1) The State Government shall set up an institution to be called the Institution for Training of Employees of Correctional Homes in West Bengal. The training institution as aforesaid shall provide different courses for different categories of employees. The duration and syllabus of, and other matters incidental to, such training shall be such as may be prescribed.
(2) The training referred to in sub-section (1) shall be compulsory for all categories of employees of correctional homes. The State Government shall by notification specify a date from which such training shall be imparted, and arrange for training of the employees of correctional homes in relevant courses in suitable batches so that all the employees are trained within such period as may be prescribed.
(3) Every person employed in a correctional home shall, after the commencement of this Act, be on probation for such period as may be prescribed, and shall undergo the relevant training course satisfactory during the period of probation, failing which his services under the correctional home shall be terminated.
104. Employees not to have interest in contract etc. – No officer or other employee of a correctional home shall have any direct or indirect interest in any contract for supply of any article to a correctional home nor shall he derive any personal benefit from any such contract directly or indirectly or from sale or purchase of any article in the name of a prisoner.
105. Special provisions for detenus. – If any political detenue has any running insurance policy before his detention in a correctional home under any law for the time being in force, providing for preventive detention, the State Government shall take necessary steps for payment of premium for such policy during the period of detention of the detenue.
106. Power to make rules. – (1) The State Government may by notification make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the matters which under any provision of this Act, are required to be prescribed or to be provided for by rules.
(3) All rules made under this Act shall be laid, as soon as may be after they are made, before the State Legislature.
107. Removal of difficulties. – (1) If any difficulty arises in giving effect to any of the provisions of this Act, the State Government may, by order published in Official Gazette, make such provisions or take such measures, not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for removing the difficulty :
Provided that no such order shall be made after the expiry of a period of three years from the date of commencement of this Act.
(2) The State Government may make an order under sub-section (1) to have effect from any date not earlier than the date of commencement of this Act.
(3) An order made under sub-section (1) shall be laid, as soon as may be after it is made, before the State Legislature.
108. Repeal, saving and validation. – (1) The Prisons Act, 1894, the Prisoners Act, 1900, the Identification of Prisoners Act, 1920, the Transfer of Prisoners Act, 1950, and the Prisoners (Attendance in Courts) Act, 1955, in their application to West Bengal, are hereby repealed.
(2) Notwithstanding such repeal,-
(a) all rules, regulations, orders, notifications and directions made or issued from time to time under the provisions of the said Acts and continuing in force immediately before the commencement of this Act shall, after such commencement, continue in force in so far as they are not inconsistent with the provisions of this Act until they are repealed or amended;
(b) all suits and cases pending before any court or tribunal under any of the provisions of the said Acts shall be continued and disposed of, as if this Act had not been passed;
(c) any licence or permit granted or any contract made under the provisions of the said Acts or the rules made thereunder and continuing in force immediately before the commencement of this Act shall not be affected;
(d) any appointment made under the provisions of the said Acts and continuing in force immediately before the commencement of this Act shall be deemed to have been made under the provisions of this Act.


GOVERNMENT OF WEST BENGAL
LAW DEPARTMENT
Legislative

No. 444-L Date: 20th May, 2016.

NOTIFICATION

The following Act of the West Bengal Legislature, having been assented to by the Governor, is hereby published for general information:-

West Bengal Act IV of 2016
THE WEST BENGAL CORRECTIONAL SERVICES (AMENDMENT) ACT, 2016.

An Act to amend the West Bengal Correctional Services Act, 1992.

Whereas it is expedient to amend the West Bengal Correctional Services Act, 1992, for the purposes and in the manner hereinafter appearing;

It is hereby enacted in the Sixty-seventh Year of the Republic of India, by the Legislature of West Bengal, as follows:-

1. Short title and commencement.

(1) This Act may be called the West Bengal Correctional Services (Amendment) Act, 2016.

(2) It shall come into force on such date, as the State Government may, by notification on the Official Gazette, appoint.

2. Amendment of section 2 of West Ben. Act XXXII of 1992.

In section 2 of the West Bengal Correctional Services Act, 1992 (hereinafter referred to as the principal Act),-

(1) after clause (a), the following clause shall be inserted:-

‘(aa) “biometric” means measurement and analysis of human body characteristics, such as DNA, fingerprints, eye retinas and irises, voice patterns and hand measurements by which a man or woman may be uniquely identified;’;

(2) in clause (c), for the words “for the time being in force”, the words, figures and letters “for the time being in force and includes any place declared by the State Government as prison under item (i) of clause (b) of section 266 of the Code of Criminal Procedure, 1973,” shall be substituted;

(3) after clause (o), the following clause shall be inserted:-

“(p) words and expressions used and not defined in this Act but defined in the Indian Penal Code, 1860, or in the Code of Criminal Procedure, 1973, shall have the same meanings as respectively assigned to them in those Codes”.

3. Amendment of section 4.

For clause (a) of section 4 of the principal Act, the following clause shall be substituted:-

“(a) to keep in custody the prisoners committed to it under any writ, warrant or an order of any court or other competent authority and to implement the order or sentences in respect of the prisoners passed by any court or other competent authority;”.

4. Amendment of section 18.

After sub-section (2) of section 18 of the principal Act, the following sub-section shall be inserted:-

“(2A) Every prisoner or person received in a correctional home for detention under sub-section (1), shall undergo such physical and biometric identification measurements as may be directed by the State Government and the procedure for recording, preserving and sharing of such measurements shall be in the manner as may be notified by the State Government.”.

5. Amendment of section 69.

In section 69 of the principal Act,-

(1) in sub-section (1),-

(a) for the words “attained the age of five years”, the words “attained the age of six years” shall be substituted;

(b) for the words “attains age five years”, the words “attains the age of six years” shall be substituted;

(2) in sub-section (2), for the words “attains the age of five years”, the words “attains the age of six years” shall be substituted.

6. Amendment of section 88.

In section 88 of the principal Act,-

(1) for sub-section (2), the following sub-section shall be substituted:-

“(2) The open correctional homes established under sub-section (1), shall be classified as ‘A’ type, ‘B’ type and ‘C’ type correctional homes in accordance with the provisions of sub-section (3).”;

(2) for sub-section (3), the following sub-section shall be substituted:-

“(3) The classification of open correctional homes as A’ type, ‘B’ type or ‘C’ type, and their operation, shall be such as may be notified by the State Government.”.

7. Amendment of section 91.

In clause (c) of sub-section (1) of section 91 of the principal Act, for the words and figure “for selling of goods produced by him and to come back within 7 p.m.”, the words “for selling of goods produced by him” shall be substituted.

By order of the Governor,

MADHUMATI MITRA
Secy. to the Govt. of West Bengal
Law Department


 

Prison Laws in India

A jail manual is a ‘digest’ of the rules and regulations governing prisons and prisoners. Nearly every state has a jail manual of its own. Every jail is governed by it, every prisoner is bound by it.

Statutes for Prison Regulation

  1. The Prisons Act, 1894
  2. The Prisoners Act. 1900
  3. The Transfer of Prisoners Act, 1950
  4.  Borstal Schools Act, 1929
  5.  Probation of Offenders Act of 1959 and Habitual Offenders Act, 1959
  6.  The Prisoners attendants in court at 1955.
  7.  The civil Jails Act 1874.

Powers and duties of Prison officers and employees, powers with Government.

1) Grant of premature releases of life Prisoners.
2) Premature release of Prisoners on Medical Grounds.
3) Grant extension in furlough leave up to 120 days.
4) Grant remission to prisoners for extra ordinary work.
5) Grant remission on special occasion i.e. 15th August, 26th January, 2nd October, 14th April.
6) Suspend to sentence of convict, required for police investigation.
7) Transfer and release of mental Prisoners.
8) Transfer of Prisoners for open colony.
9) To modify the existing rules as and when required.
10) Declare temporary Prison as and when required.
11) Appointment of class – II and above posts.



Following registers shall be maintained at every prison –

1) Register of Under Trial Prisoners.
2) Register of Private property of Convicted Criminal Prisoners.
3) Register showing the description of Convicted Criminal Prisoners.
4) Release Diary of Convicted Criminal Prisoners.
5) Remission Register.
6) Register of punishments inflicted on prisoners.
7) Register of Escapes.
8) Register of Visitors.
9) Register of prisoners sent to Courts under the Prisoner’s Act, 1900.
10) Register of Appeals.
11) Employment Register.
12) diet Register of Prisoners.
13) Grain Store Register.
14) Register of grinding and wastage account.
15) Store Requisition and Receipt Book (Dietary).
16) Ledger of States Journal.
17) Ledger of raw materials.
18) Ledger of manufactured articles.
19) Prison Cash Book.
20) Register of Contingent Charges.
21) Receipt Book.
22) Factory Contingent Register.
23) Factory Cash Book.
24) Store Requisition and Receipt Book (Contingencies).
25) Money Order Book.
26) Garden Register.
27) Register of daily manufacture of articles showing the expenditure of raw materials.
28) Ledger of raw materials.
29) Register of Manufactured Articles.
30) Store Requisition Book.
31) Muster Roll.
32) Clothing Register for Prisoners.
33) Sales Journal.
34) Register of daily manufacture of articles showing the expenditure of raw materials.
35) Factory Order Book.
36) Store Requisition Book.
37) Lock up Register.
38) Gate Register.
39) Medical Officer’s Journal.
40) Register of Prisoners showing particulars of health.
41) Register of Sick.
42) Convalescent Register.
43) Register of extra diet to prisoners in and out of the hospital.
44) Requisition Book for Hospital.


The following sections should be organized in prison office:
i) Mail branch
ii) Judicial section
iii) Canteen section
iv) Dietary section
v) Industries section
vi) Establishment section
vii) Building section
viii) Registry branch
ix) Confidential
x) Miscellaneous section and
xi) Accounts Branch (when sanctioned by Government;



EDUCATION IN PRISONS:

Education is now a compulsory activity in all prisons. Additional posts of teachers required for organizing educational and cultural programmes in prisons have been created under Five Year plans. Regular classes from the first to tenth standard are held for prisoners. Swadahya classes, consisting of small groups have also been organized for prisoners studying from the first to the S.S.C. Standard, Prisoners are encouraged to pursue college education. Likewise they are encouraged to appear for English, Sanskrit and Hindi Examination conducted by the various educational organizations.
Vocational training in various industries is also given. The classes are organized in various prisons in carpentry, textile, tailoring and other trades. Vocational training classes are conducted twice a week and they are closely related to institutional work programme and the post of teachers required, therefore, have been created under Five Year Plan


PRISON HOSPITALS: –
In every central, district and special prison, there is a jail hospital under the management of the Medical Officer (i.e. Resident Medical Officer or the Civil Surgeon) approved by Government. M.M.S. Officer, Class-III Compounders and Nursing Orderlies assist Resident Medical Officer. Hospital Prisons,  are set up under Section-3 (1) of the Prison Act of 1894 .

2. All borderline cases i.e. which are not fit to be sent to the Mental Hospital but which shows signs of mental disorders are concentrated in one  Central Prison Hospital for treatment. Deputy Superintendent, Mental Hospital also pays visits  Central Prison twice a week to examine the borderline cases, Urgent cases, requiring immediate surgical or, other treatment, not available in the Jail Hospitals are transferred immediately to the Local Civil Hospital under intimation to Inspector General of Prisons.


Jail Administration in India

West Bengal correctional service Act 1992


 

Premature release of Convicts in Tamil Nadu

TagAdvisory Board to consider premature release of convicts

As per rule 335 of the Tamil Nadu Prison Manual Vol II.

An Advisory Board for each Central Prison & Special Prison for Women Vellore & Trichy for considering cases for premature release of prisoners undergoing imprisonment for life who have completed 14 years of actual imprisonment.
The Advisory Board for the City of Chennai consists of –

1. The Inspector General of Prisons / Additional Director
General of Prisons [Chairman]
2. The Chief Metropolitan Magistrate, Chennai
3. The Commissioner of Police, Chennai
4. The Chief Probation Superintendent, Chennai
5. One or more Non-Official Members appointed by Government
6. The Superintendent Central Prison Chennai [Secretary]
In the mofussil, the Advisory Board consists of
1. The Inspector General of Prisons /Additional Director General of
Prisons [Chairman]
2. The Sessions Judge of the Sessions Division in which the
prisoner is situated.
3. The District Collector
4. The Chief Judicial Magistrate
5. The Regional Probation Officer of the Station
6. One or more Non – Official Members appointed by Government
7. The Superintendent of the Central Prison concerned [Secretary]

The Chief Metropolitan Magistrate in the city of Chennai, the District Collectors in other Districts, in the absence of the Inspector General of Prisons / Additional Director General of Prisons, shall preside over the meeting of the Advisory Board to consider the  premature release of prisoners held in their respective jurisdiction.

As per section 433-A of the Code of Criminal Procedure, 1973 the
cases of prisoners sentenced for imprisonment for life shall be placed before the
Advisory Board only when they have served atleast 14 years of actual
imprisonment.

The Advisory Board considers the cases of eligible prisoners for their premature release. The Board, considers the behavioural pattern and social conditions of the prisoners and recommends their case for premature release.
The minutes of the Advisory Board is recorded and signed by all the members of the Board. The recommendation of the Advisory Board will have to be forwarded to the Inspector General of Prisons / Additional Director General of Prisons and the Chairman, who in turn will forward the same to Government with his specific recommendation. The Government after considering all the factors will issue appropriate orders.