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 [Repealed]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

Pretrial Detention of Defendants in America (USA)

Encyclopedia of Foreign Laws

The Federal Bureau of Prison(BOP) and  United States Marshals Service(USMS) cooperate to manage the allocation of federal detention bed space. Ordinarily, pretrial inmates may be detained at BOP detention centers, and at other BOP facilities pending prosecution and/or sentencing. The USMS acquires detention bed space through agreements with state and local governments, and contracts with private vendors, in addition to the available BOP pretrial cells. The development of necessary detention resources in key districts, while emphasizing appropriately structured community supervision alternatives for non-violent offenders, is the primary focus of this cooperative effort. To the extent practicable, pretrial inmates are separated from sentenced inmates, in accordance with 18 U.S.C. § 3142(i)(2).
Should a court have concerns about conditions of confinement, access to medical care, or any other issue relating to a defendant’s pre-trial detention in a BOP facility, the BOP requests the opportunity to address such concerns prior to the issuance of a court order.

The Madhya Pradesh Prisoner’s Leave Rules, 1989

Published vide Notification No. F. 12-2-82-3-Jail, dated 13-2-1990, M.P. Rajpatra Part 4 (Ga), dated 30-3-1990 at pages 146-154

In exercise of the powers conferred by Section 31 of the Prisoners Act, 1900 (No. III of 1900), in its application to the State of Madhya Pradesh, the State Government hereby makes the following rules, namely :-

1. Short title and commencement. – These rules may be called the Madhya Pradesh Prisoner’s Leave Rules, 1989.

2. – These rules shall come into force with effect from the date of their publication in the “Madhya Pradesh Gazette”.

3. Application. – They shall apply to the prisoners sentenced by the Courts in Madhya Pradesh and undergoing sentence in the Jails of Madhya Pradesh.

4. Conditions of Leave. – The prisoners shall be granted leave under sub-section (1) of Section 31-A of the Act on the following conditions, namely :-

(a) He fulfils the conditions laid down in Section 31-A of the Act;

(b) He has not committed any offences in jail between the date of application for leave and receipt of the order of such leave;

(c) The releasing authority must be satisfied that the leave may be granted without detriment to the public interest;

(d) He gives in writing to the Releasing Authority the place or places which he intends to visit during the period of his leave and undertake not to visit any other place during such period without obtaining prior permission of the Releasing Authority in that behalf; and

(e) He should furnish security to the satisfaction of the Releasing Authority if such security is demanded by the Releasing Authority.

4A. Eligibility for Leave. – Notwithstanding anything contained in Sections 31-A and 31-B of the Prisoners Act, 1900, eligibility criteria for leave for prisoners, undergoing sentences in the prisons of the State shall be as follows :-

(1) Prisoner who has undergone at least 6 months of actual sentence out of total sentences (excluding undertrial period and remission) shall be eligible for general leave, but for emergency leave, eligibility for leave shall be calculated from the date of admission into prison.

(2) Prisoner has shown good conduct in Jail during the period of his undertrial confinement and has not been punished for any other Jail offence or punishable offence.

(3) Prisoner has shown good conduct during the period of the year in which prisoner submits his application for leave.

4B. Category of prisoners, who are not eligible for leave. – (1) Prisoners who have been accorded with any punishment for a jail offence other than punishment of warning while undergoing their sentences, and such punishment has not been imposed upon them 3 years prior to them the date of his application for leave.(2) Such prisoner who has been punished with deferment of privilege of leave for not more than one year under Section 724 of Jail Rules, shall not be eligible for leave till the completion of the period of such order.(3) In case of a prisoner who has been sentenced to any punishment owing to his escape during his previous leave such prisoner shall not be eligible for general leave, for the rest of his term of sentence.(4) Such prisoner who has been prosecuted in any other case or cases when are undertrial in the Court, in spite of his release on security in that case.

4C. Duration of general leave. – Eligibility criteria for leave for prisoners as per Rules 4-A and 4-B shall be as follows ;-During the year (agriculture year from month June to May) prisoner shall be eligible for maximum leave of 60 days, which shall be sanctioned in four parts of not more than 15 days in the following duration :-

(1) For sowing the Kharib Crop – from the month of June to month of August – 15 days.

(2) For harvesting the Kharib Crop – from the month of September to month of November – 15 days.

(3) For sowing the Rabi Crop – From the month of December to month of February – 15 days.

(4) For harvesting the Rabi Crop – from the month of Mach to month of May – 15 days.

4D. Duration of emergency leave. – Apart from general leave, convicted prisoner shall he eligible for emergency leave from the date of his admission into prison as follows :-

(1) Emergency Leave for Marriage. – Prisoner shall be eligible for leave for a period of 15 days for the marriage of himself, his/her daughter/son, sister and brother

(2) Emergency leave in case of death. – Prisoner shall be eligible for leave for a period of 15 days in the event of death of his/her son/daughter, his/her mother/father as well as mother or father of his/her wife/husband.

5. Application for Grant of Leave. – (a) Request from prisoners for leave, under Section 31-A of the Act, shall be made in writing in Form ‘F’ to the Superintendent of the Jail (hereinafter called Superintendent) at the parade on Monday.

(b) The Superintendent shall personally examine the records of the prisoner making the request for leave and satisfy himself that the prisoner fulfils the conditions for grant of leave.

(c) If the prisoner fulfils the conditions of the leave, the Superintendent shall report the first request of the prisoner to the District Magistrate of the concerning district where the prisoner resided before conviction.

6. Sanctioning Authority for first leave. – (a) II the District Magistrate, after making such enquiry’ as he may consider necessary, is satisfied that the request for grant of leave can be granted without detriment to public interest, he shall issue to the Superintendent a duly signed and sealed warrant in Form ‘A’ to the prisoner. The District Magistrate shall enter in the warrant the number of days that will be required for the journeys by the shortest practicable route to and from the place at which during his leave the prisoner proposes to reside or if he proposes to visit more than one place, the fartherest place from the Jail which he proposed to visit.

(b) If the District Magistrate considers that the grant of leave to the prisoner is undesirable in the public interest, he shall intimate his opinion to the Superintendent, who shall inform the prisoner that his request has been rejected.

7. The examination of request of a prisoner for leave shall be treated as urgent at all stages and orders on the request shall be communicated to the prisoner expeditiously as far as possible.

8. Sanctioning Authority for subsequent leaves. – (a) Once the prisoner has availed of the leave, the Inspector General of Prisons (hereinafter called ‘Inspector General’) shall be competent to grant leave as per rule subsequently on fulfilment of the conditions laid down in Rule 4.

(b) Request by the prisoner for subsequent leave shall be made in the same manner as in the first leave.

[(c) (i) If after the examination of prisoner’s records shown that prisoner is eligible for temporary leave, his personal bond/surety, bond/ solvency and affidavit shall be sent to concerned Tahsildar for verification and above record shall be sent back to Superintendent after verification.

(ii) Information regarding whether prisoner’s freedom was abused by him during his previous leave, shall be gathered by Jail Superintendent from Station House Officer of the concerned Police Station in case of subsequent leave for the prisoner.

(iii) Primary report shall be collected by Jail Superintendent from Probation and Welfare Officer of his jail on the prisoner’s first leave of the agriculture year thereafter case shall be submitted to Inspector General of Prisons.

(iv) Director General of Prisons may on receiving the report from Superintendent of Jail, may sanction all the four leaves in that agriculture year according to their eligibility.]

(d) On receipt of the case from the Superintendent of Jail, the Inspector General shall pass such orders as he may consider necessary.

(e) The prisoner whose leave is sanctioned by the Inspector General shall be granted a release order in Form ‘B’.

[9. Conditions for release on leave. – After satisfaction regarding prisoner’s eligibility for leave, Competent Authority shall release such prisoner on leave on the following conditions :-

(1) During the period of his leave, he shall not go to any place other than those places which have been mentioned in his leave application.

(2) During his leave he shall neither commit any crime nor involve in any such act that may have its bearing on public interest.

(3) After spending his leave he shall present himself at the Jail from where he was released, but in the event of accident, disease, natural calamity, such prisoner can surrender himself at any other nearest Police Station with proper ground.

Note :- Provided that no prisoner shall claim leave as a right for leave granted under these rules.]

10. Procedure for release on leave. – (a) On receipt of the Warrant/ Order for grant of leave from the District Magistrate or the Inspector General, the Superintendent shall fix in consultation with the prisoner, the dale of his release which shall not be later than 10 days from the date of receipt of the Warrant/Order. In the case of a female prisoner the date of release shall be so fixed as to allow time for her transfer to the jail from which she is to be released. If a prisoner who has been granted leave is ill, the Superintendent may postpone the date of his/her release for such time as he considers to be necessary till the prisoner’s recovery from his/her illness :[Provided that in case of guarantors inability to present himself taking the prisoner of his/her custody within 10 days, Jail Superintendent shall be able to extend the duration for further period of upto 10 days to release the prisoner on the security of guarantor.]

[(b) Omitted.]

(c) Issue of clothing and Bedding at the time of Leave.– A prisoner, who has no private clothing and bedding and is unable to purchase them, shall be supplied on loan with a blanket and unmarked prison clothing which shall consist of’ a kurta, a cap and a pair of pajamas for a male prisoner and saree and kurta for a female prisoner.

(d) Release certificate.– The prisoner shall also be given release certificate in Hindi containing the date of his release, the date on which he has to return to the jail, the full address or addresses of the place or places which he has been allowed to visit during his leave, a description of three prominent marks of identification of the prisoner and his left hand thumb impression. A duplicate copy of the release certificate shall be kept in the jail records.

(e) Before the prisoner leaves the jail, he shall be informed in the presence of the Superintendent, on the date on which he has to return to jail and that if he fails to do so he should be informed of the consequences therefor.

(f) Whenever a prisoner is released on leave, an intimation of his release shall forthwith be given to the Superintendent of Police and Station House Officer concerned. The Superintendent of Police shall report about the conduct of the prisoner during the period the prisoner was on leave immediately after the expiry of the leave. If no report is received within a period of two months from the date of return of prisoner from leave, it shall be presumed that there is nothing against the prisoner.

[11. Arrest of a prisoner in event of breach of conditions. – (1) If any prisoner does not present himself on the evening of fixed dale of his return, he shall he treated as prisoner at large and an FIR shall be registered against him at the Police Station in whose jurisdiction concerning jail (where prisoner was expected to surrender) is situated, and concerned Station House Officer shall put up challan against escaped prisoner. Station House Officer shall initiate necessary actions as per provisions contained in Sections 82 and 83 of Criminal Procedure Code and information regarding such actions shall be sent to Jail Superintendent by him.(2) If negligence regarding registering the FIR in case of such offence has been shown by police in spite of having received information from Superintendent of Jail under Rule 11 of the Madhya Pradesh Prisoner’s Leave Rules, 1989, Police Superintendent shall inform Inspector General of Prisons after registration of such crime of the concerned Police Officer under Section 221 of Criminal Procedure Code.(3) In the event of escape of prisoner during the period of leave, case shall be registered against the guarantor at concerned Police Station for abetment.(4) In the event of escape of prisoner during leave Jail Superintendent shall submit application before the Court of Tahsildar for initiating actions regarding forfeiture of his security as well as attachment of gurantor’s assets. On this application. Tahsil Court shall take necessary actions for attachment of assets.]

12. Penalty for overstay. – If the prisoner returns to the jail of his own accord after the date fixed for his return he shall be admitted to the jail and the prisoner’s return and the reason for the delay shall be reported immediately to the District Magistrate of the district in which the jail is situated, for his orders where the prisoner should be prosecuted. If it is not considered to prosecute, the Superintendent should hold an enquiry and may for good and sufficient reasons, award one of the following punishments :-

(a) Formal Warning.

(b) Forfeiture for a period not exceeding 3 months privileges of interview, receiving and sending letters.

(c) Degradation from higher to lower grade.

(d) Forfeiture of 5 days remission for each day’s overstayal on leave which shall not exceed total period of his sentence inclusive of unexpired period of sentence.

13. – A female prisoner to be granted leave shall be transferred to the jail nearest to place which she intends to visit during her leave. She shall be released from that jail and shall return to that jail. If she so desires, the Superintendent of the Jail from which she is transferred shall intimate to her relatives, the date of her release and the jail from which she is to be released.

14. – the Superintendent can recall a prisoner as soon as he receives a report that the prisoner misbehaves. For this purpose, the Superintendent shall address the police who shall take immediate action in the matter and produce the prisoner.

15. Authority competent to sanction emergency leave. – [(a) The District Magistrate shall be the Competent Authority for the sanctioning of the emergency leave. But in cases of prisoners who have availed themselves of general leave sanctioned by Inspector General of Prisons previously. Inspector General of Prisons, shall be Competent Authority to sanction emergency leave.]

(b) Period of emergency leave. – The period of emergency leave shall not exceed 15 days in case of death and 10 days in case of marriage, excluding the time required for journey on release, the prisoners shall be granted release certificate in the manner laid down in clause (d) of Rule 10 of these rules.

(c) Eligibility for emergency release. – Prisoners who are eligible for release on leave should ordinarily be considered as eligible for emergency leave.

(d) Petition/application for emergency leave. – Application for emergency leave shall be addressed to the Superintendent of Jail where the prisoner is confined either by the prisoner or by his relative. Each application shall be accompanied by certificate of correctness of the ground stated in the application for emergency leave from local Tahsildar and a statement of names of two sureties with the certificates from a Tahsildar regarding solvency of the sureties. The amount of surety shall be fixed by the authority competent to sanction emergency leave.

(e) Execution of bonds. – A surety bond and a personal recognizance in Form ‘D’ and ‘E’ shall be executed before emergency leave. In cases where exemptions are granted from furnishing sureties, the prisoner shall be released on his own recognizance bond. The surety bond shall be executed before a Tahsildar who may send the same to the Superintendent duly attested and affixing his office seal. The personal recognizance bond shall be executed before the Superintendent.

(f) Travelling expenses. – The to and from travelling expenses of a prisoner in an emergency leave, who is unable to meet his expenses and who has no money to his credit in the prison on any account shall be met by the Government for the purpose of this rule. Any money earned by way of gratuity or wages in the jail shall be taken as money to his credit.

(g) Pending cases. – No prisoner who has another case pending on trial shall be granted emergency leave.

(h) Time for release on emergency leave. – Release on emergency leave shall be effected any day after sunrise and before lock-up. The rule preventing the release of prisoners on Sundays and other holidays does not apply to the release on emergency leave.

(i) Power to recall. – The Superintendent can recall a prisoner as soon as he receives a report that the prisoner misbehaves. For this purpose, the Superintendent shall address the police who shall take immediate action in the matter and produce the prisoner.

(j) If a prisoner released on emergency leave docs not return to the prison on the due date or surrenders late or violates any of the conditions he shall be dealt with as per provisions contained in foregoing Rules 11 and 12.

16. In case of prisoner sentenced by the Courts in Madhya Pradesh and undergoing sentences in the jails of other States or Union Territories of India, the leave and emergency leave may be granted by the District Magistrate of the District of residence, Inspector General of Prisons and the Superintendent of Jail of that State as the case may be in accordance with the provisions contained in the foregoing rules.

17. Any rules corresponding to these rules in force immediately to prisoners to whom these rules apply are hereby repealed provided that any orders made or action taken under the rules so repealed, shall be deemed to have been made or taken under the corresponding provisions of these rules.

18. Removal of doubt. – If any doubt arises as to the interpretation of any of the provision of these rules, the matter shall be referred to the Government whose decision thereon shall be final.

19. Power to relax rules. – The Government may relax any of the provisions of these rules hereinbefore mentioned or issue such special order as may deem fit.

Form ‘A’

[See sub-rule (a) of Rule 6]

Warrant for Release on Leave Granted to the Prisoner by the District Magistrate Under Section 31-A of the Prisoners Act, 1900

To,

    • The Superintendent of the

    …………………Jail………..

Whereas…………………….(Name and description of the prisoner) at present confined in the ………………. Jail ……………. under Warrant, dated the………………..day of…………….19…..signed by……………has applied for his/her leave;And where, I, the District Magistrate, being the releasing authority, am duly satisfied that the application can be granted without detriment to public interest.Now, therefore, I…………………the District Magistrate………….hereby, authorise and require you to release on leave the said prisoner from custody for a period of……………..days subject to the conditions specified below :-

[(i)] the prisoner shall during the period of his/her leave reside at (village or town) Tahsil……………..District. He/She may also during the said period visit and shall not without obtaining the prior permission of the District Magistrate…………visit any other place during the said period.

(ii) The prisoner shall on the expiry of the said period report to the Superintendent of the Jail.

[(iii)] The prisoner shall furnish security as described below before his/her release (details of security).

2. ……………….. number of days required for the journeys by the shortest practicable route to and from the place at which the prisoner proposes to reside or which he/she proposes to visit during his/her release on leave, (to be entered by the District Magistrate) Given under my hand and the seal of the Court, this………………….day at…………… 19….

(Seal)

Signature
District Magistrate and
Releasing Authority.

No……………….

Dated…………………….

Returned to the District Magistrate ……………….intimation that the said prisoner was released from the with the Jail on the and that he/she returned to the Jail on the.

Superintendent of the Jail.

Form ‘B’

[See sub-rule (e) of Rule 8]

Order for Release on Leave Granted to the Prisoner by the Inspector General of Prisons Under Section 31-A of the Prisoners Act, 1900

To,

    The Superintendent of…………………Jail……………

Whereas ………………………….. (Name and description of the prisoner) at present confined in the…………………Jail……………under warrant, dated the………………….day of the…………..19….signed by…………….has applied for his/her leaveAnd whereas, I, Inspector General of Prisons, Madhya Pradesh, Bhopal being the releasing authority, am duly satisfied that the application can be granted without detriment to public interest.Now, therefore, I …………………….. the Inspector General of Prisons, Madhya Pradesh, Bhopal hereby authorise and require you release on leave the said prisoner from custody for a period of ………………….. days subject to the conditions specified below :-

(i) [The prisoner shall during the period of his/her leave reside at (village or town) Tahsil………………………District ………….He/she may also during the said period visit………………..and shall not without obtaining the prior permission of the undersigned visit any other place during the said period.]

(ii) The prisoner shall on the expiry of the said period report to the Superintendent of the Jail………………………

(iii) [The prisoner shall furnish security as described below his/her release (details of security)].

2………………………..day required for the journey by the shortest practicable route to and from the place at which the prisoner proposes to reside or which he/she proposes to visit during his/her release on leave.(To be entered by the Inspector General of Prisons, Madhya Pradesh, Bhopal).Given under my hand and the seal of this office this…………………….day of………………. 19……..

Signature
Inspector General of Prisons,
Madhya Pradesh,

Bhopal and Releasing Authority.

No…………………….

Dated……………………………..

Returned to the Inspector General of Prisons, Madhya Pradesh, Bhopal…………………….with the intimation that the said prisoner was released from…………………the jail on the…………..

Signature

Superintendent of Jail.

Form ‘C’

[See sub-rule (a) of Rule 15]

Warrant/order for Emergency Leave Under Section 31-B of the Prisoners Act, 1900 (III of 1900)

To,

    The Superintendent of…………………Jail……………

Whereas …………………………… (Name and description of the prisoner) at present confined in the…………………….Jail……………under warrant, dated the………………..day of………….. 19……signed by…………………has applied for his/her emergency leave on the ground of………….And, whereas, I, the District Magistrate/Superintendent, Central/ District Jail…………………. being the Releasing Authority, am duly satisfied that the application can be granted without detriment to public interest.Now, therefore, I ………………………… the District Magistrate/Superintendent, Central/District Jail being the Releasing Authority authorise you to release on emergency leave the said prisoner from the custody for a period of………………days subject to the conditions specified below :-

(i) [The prisoner shall during the period of his/her emergency leave reside at (village or town)……………….Tahsil……………..District………….]

(ii) He shall on the expiry of the said period report to the Superintendent of the Jail.

(iii) [The prisoner shall furnish security as described below before his/her release (details of security).]

2……………………….days required for the journeys by the shortest practicable route to and from the place at which the prisoner proposes to reside or which he/she proposes to visit during his/her emergency leave.(To be entered by the District Magistrate/Jail Superintendent, Given under my hand and the seal, this day of. 19.).

Signature
District Magistrate/
Jail Superintendent
and Releasing Authority.

Dated…………………….

No…………………Returned to (name of the Releasing Authority)…………………………..with the intimation that the said prisoner was released from the jail on the ……………….and that he/she returned to the jail on the…………..

Superintendent of the Jail.

Form ‘D’

[See sub-rule (e) of Rule 15]

I……………………………inhabitant of………………….hereby declare myself surety for ………………………. prisoner No……….. and given the guarantee that he shall duly observe the conditions of release on leave/emergency leave setout in Schedule ‘A’ and shall appear himself before the Superintendent of…………………… prison at ………….. on the expiration of the period of his release on leave/emergency leave and in case of his making default herein, I, hereby bind myself to pay to the Government of Madhya Pradesh the sum of Rs……………..And, I agree that the Government of Madhya Pradesh may, without prejudice to any other rights or remedies of Government recover from me the said sum as an arrear of land revenue.And, I agree that any extension of time given to prisoner……………will discharge me from my liability to pay the said amount.Signed by the above surety, on this……………….day of……….19 in the presence of.

1. ………………………….
2. ………………………….
……………………………
Signature of the Surety.

Form ‘E’

[See sub-rule (e) of Rule 15]

Personal Bond

Whereas I (Name)…………………………..inhabitant of (place)…………………..have been sentenced to under go imprisonment for the term of…………….years.And whereas the District Magistrate/Inspector General of Prisons, State of Madhya Pradesh has been pleased to release me on leave/emergency leave for……………….a period of…………….days commencing from…………and ending on ………………… condition of my executing a personal Recognition Bond for my appearance on the following dale viz. :-I hereby agree with and bind myself inti) the Government of Madhya Pradesh to abide by the conditions mentioned in the Schedule attached and further agree to appear and surrender myself before the Superintendent of…………prisons at……..O’clock on the following date, viz…………and I bind myself to pay to the Government of Madhya Pradesh sum of Rs……and I agree that the Government of Madhya Pradesh may without prejudice to my any other rights or remedies recover the said sum from me as an arrear of land revenue.Signed on this day of……….. 19……..

Signature of the Prisoner.

Forms ‘F’

[See Rule 5 (a)]

Application form for Release on Leave/Emergency Leave

To,

    The Superintendent,Central/District/Sub-Jail,…………………………………..

Sub. – Request for grant of leave/emergency leave under Madhya Pradesh Prisoner’s Leave Rules, 1989.Sir,It is requested that I may kindly be granted leave/emergency leave for a period of…………………..days from………….to………..on account of ………………… During the period of leave, I shall be visiting the following places. I hereby declare that I shall not visit the places other than those mentioned below :-

Proposed Places To Be Visited

1. Village…………………………… Post………………………..Police Station………………………District………………….2. ………………………………..3. ………………………………..4. ………………………………..Signed before Welfare Officer

………………………………

Signature of Prisoner

(For Jail Office)

1. Prisoner No………………Name…………………S/o ………………….R/o…………………Crime Section………………….Sentenced to………………….Date of sentence ………………Name of Sentencing Court……………….Leave/emergency leave availed of…………….Previously, if any…………… Year…………………..Month…………………days. Sentence undergone on Remission earned up to total sentence undergone on………………….remaining sentence.Prisoner’s conduct in jail………….

Superintendent,

……………………Jail……….

Office of the Superintendent Central/District/Sub-Jail

No…………………..

Dated………………… 19……….

Application of convict……………………S/o………….is forwarded in original to :-

(1) The District Magistrate, District……………………

(2) The Inspector General of Prisons, Madhya Pradesh, Bhopal for necessary action. Prisoner in question is eligible for leave/emergency leave. His case for leave/emergency leave is recommended.

Superintendent
Central/District/Sub-Jail…………

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