Prisons Act, 1894
Whereas it is expedient to amend the law relating to prisons in 2[India except the territories which, immediately before the 1st November, 1956 were comprised in Part B States], and to provide rules for the regulation of such prison; It is hereby enacted as follows:
Statement of Object and Reasons. There are at present four different Acts in force for the regulation of jails in British India and for the enforcement of discipline therein. These Acts differ inter se in various important points, namely, as to the jail-offences enumerated in them, as to the punishments which might be inflicted for these offences, and as to the authorities competent to inflict these punishments. In consequence divergent systems of jail management have grown up in the several Provinces, whereby there has been a sacrifice of that uniform enforcement of sentences of imprisonment which effective general administration requires. The object of this Bill is to repeal the four local Acts and to prescribe a uniform system of prison management in India.
2. The Bill is mainly based on Acts 26 of 1870 (an Act to amend the law relating to Prisons), which is in force in the North-Western Provinces and Oudh, the Punjab, the Central Provinces, Coorg and Burma, with amendments embodying the conclusions arrived at by the Government of India on the Report of the Jail Committee of 1889 and the Report of the Prison Conference of 1892, as stated in the Resolution recorded in the Home Department of the 9th November, 1892, and in the Circular letter to Local Governments and Administrations, dated the 25th March, 1893, to which it appeared necessary to give legislative form.
3. The details of the Bill which appear to call for remark are noticed in this paragraph.
Section 3. provides for clearer definitions of the terms prison, subsidiary goal, criminal prisoner, convicted criminal prisoner and civil prisoner, and adds definitions of terms remission system and history-tickets .
Section 11. The powers of a District Magistrate to issue orders to the Superintendent of a prison have been restricted to prison other than central goals or prison situated in a Presidency-town.
Section 12. The sanitary administration of a prison has bee vested in the Medical Officer.
Section 23. An addition has been made to this section, which provides a useful precaution against false charges of police torture or the means of detecting such mal-practices, if committed. It also makes separate provision for the search and examination of female prisoners after admission into prison.
Section 26. makes provision for the separation of juveniles who have arrived at the age of puberty from those who have not.
Section 28. requires the Medical Officer or a subordinate Medical Officer to visit each prisoner confined in cells at least once a day.
Section 34. restricts the employment of criminal prisoners sentenced to labour to nine hours in any one day, except on a emergency, and then only with the section in writing of the Superintendent. With the view of watching more closely the health of prisoners, this section provides for recording the weight of criminal prisoners at least once a fortnight upon their history-tickets, and place upon the Medical Officer the responsibility of seeing that a prisoner's health is not injured by the work on which he is employed.
Section 44. This section follows the general principles embodied in the existing Prisons Acts (themselves based upon English legislation) and includes in the law itself a statement of the most important jail-offences. A few additional offences which seemed of sufficient importance have been included in this section, but it is still necessary to reserve the power of making rules the breach of which involve penal consequences, since every breach of a jail regulation is a jail offence, and it is not possible to include in the Act all the regulations which have to be observed in jails or expedient to make legislation necessary for the purpose of adding to or altering them. In order to provide for the equal treatment of prisoners throughout, India, however the first clause of this section, relating to prison regulations generally, has been restricted by providing that, to make disobedience to such regulations punishable, the rules creating offences must be sanctioned by the Governor General in Council.
Section 45. Hitherto there have been in use in jails, besides the punishments prescribed in the existing laws, other forms of punishments, consisting in the modification, to the disadvantage of a prisoners, of matters of discipline or treatment left to the discretion of the executive, such as loss of marks, relegating to a disagreeable form of labour, modification of diet, forfeiture of privileges, etc., In order, however, to prevent the introduction of objectionable forms of punishment and to secure the due record of all punishments of whatever nature, it has been considered desirable to specify exhaustively all the forms of punishment which may be resorted to; and while the section retains those forms of punishment which are laid down in the present law, clauses (1), (2), (4) and (5) introduce into it the descriptions of punishment which have hitherto prevailed at the discretion of the executive. In some of the remaining clauses modifications have also been made. Clauses (6), (7) and (8) distinguish between the different degrees of solitary, separate and cellular confinement which may be used as a punishment and are borrowed from Provincial Jail Codes where they have been found successful Clause 9 provides for the combination of penal diet and solitary confinement; the maximum period for which penal diet may (under clause (5)) be imposed at one time is entered at ninety-six hours instead of seventy-two hours as in Section 48(2) of the Act of 1870, but this is in accordance with the law in force in Bombay (Bombay Act 11 of 1874, Section 35, proviso) and has met with general approval. Clauses (10) and (11) relate to the imposition of irons as a punishment, which under the Act of 1870 can in other Provinces than Bengal only be ordered by the Magistrate under section 49 of the Act of 1870 can in other Provinces than Bengal only be ordered by the Magistrate under section 49 of the Act, 1870. The restrictions which have of late years been placed on the employment of corporal punishment, and the objections of the frequent use of penal diet, make it necessary to invest Superintendents with some additional means of coercion for the control of unruly and hardened criminals. Clause (12) adds a minor punishment which has been found useful in Bengal in connection with thefts and destruction of prison clothing. Female and civil prisoners are specially excluded from the punishments of handcuffs or fetters and from whipping.
Section 46 to 50. have been recommended by the Conference of experts on jail management from all Provinces who were convened by the Government of India in the early part of 1892 for the purpose of preparing an amended and consolidated Prisons Bill for all India.
Section 51. reproduces the section bearing number 49 in the Act of 1870, but the period of additional imprisonment which may be ordered by the Magistrate after judicial trial has been increased from six months to one year. It also provides that the Court may resort to any of the ordinary forms of jail punishment as it thinks fit, to meet the case of a Magistrate taking a different view from the Superintendent of the gravity of the prisoner's offence.
Section 54. is borrowed from the Police Act, 5 of 1861, section 29, and is likely to prove a useful provision.
Section 55 and 56. These sections are based on the rules on the rules in force in Madras and have been accepted generally by Local Governments and Administrations.
Sections 58 and 59. These sections make provisions for framing the necessary rules for regulating the matters which are left by the previous sections of the Bill to be dealt with by such rules.
Andhra Pradesh. In the State of Andhra Pradesh, in the Preamble after the words and letter comprised in Part B States add the words and figures other than the territories specified in sub-section (1) of Section 3 of the States Reorganisation Act, 1956 A.P. Act 23 of 1958, S. 3 and Sch. (w.e.f. 1-2-1960)
Delhi. Repealed in its application to Delhi by Delhi Act 2 of 2002, S. 73 (25-10-2004)
Gujarat. In the State of Gujarat, the amendment is the same as those of Maharashtra, except Gujarat is to be substituted for Maharashtra . Act 11 of 1960, D. 87.
Madhya Pradesh. In the State of Madhya Pradesh in the Preamble, after the words Part B States , insert the words other than the Madhya Bharat and Siroha region of the State of Madhya Paradesh . M.P. Act 40 of 1961, S. 3 and Sch. Part A (1-2-1961).
Maharashtra. In the State of Maharashtra in the Preamble, after the word and letter comprised in Part B States insert the words and figures other than any such territories forming part of the State of Maharashtra by Section 8 of the States Reorganisation Act, 1956 . Bom. Act 23 of 1959, S. 2(2)(a) (1-6-1959).
Tamil Nadu. In the added territories in the State of Tamil Nadu, in the Preamble omit the words other than the territories specified in sub-section (1) of S. 13 of the States Reorganisation Act, 1956 which were added by A.P. Act 23 of 1958. T.N. (Ad. Ter.) A.L.O., 1961 (w.r.e.f. 1-4-1960).
PRELIMINARY
Section 1. Title, extent and commencement
(1) This Act may be called the Prisons Act, 1894.
3[(2) It extends to the whole of India except 4[the territories which, immediately before the 1st November, 1956, were comprised in Part B States];] and
(3) It shall come into force on the first day of July, 1894.
(4) Nothing in this Act shall apply to civil jails in the 5[State] of Bombay 6[as it existed immediately before the 1st November, 1956] outside the city of Bombay, and those jails shall continue to be administered under the provisions of Sections 9 and 16 (both inclusive) of Bombay Act 2 of 18747, as amended by subsequent enactments.
Andhra Pradesh. In the State of Andhra Pradesh in sub-section (2) of S. 1 after the words and letter comprised in Part B States and the words and figures other than the territories specified in sub-section (1) of Section 3 of the States Reorganisation Act, 1956. A.P. Act 23 of 1958, S. 3 and Sch. (w.e.f. 1-2-1960).
Gujarat. In the State of Gujarat, the amendments are the same as those of Maharashtra, except in sub-section (4). The words State of Gujarat are to be substituted for the words State of Bombay outside Greater Bombay .
Madhya Pradesh. In the State of Madhya Pradesh in S. 1,
(a) in sub-section (2) after the words Part B States , insert the words other than the Madhya Bharat and Sironja regions of the State of Madhya Pradesh ; and
(b) omit sub-section (4). M.P. Act 40 of 1961, S. 3 and Sch., Part A (1-2-1962).
Maharashtra. In the State of Maharashtra in Section 1; (a) in sub-section (2) after the words and letter comprised in Part B States insert the words and figures other than any such territories formatting part of the State of Maharashtra by Section 8 of the States Rorganisastion Act, 1956 ; (b) delete sub-section (3); (c) in sub-section (4) for the words and figures as it existed immediately before the 1st November, 1956 outside the City of Bombay, and those jails shall continue to be administered substitute the words outside Greater Bombay and those jails shall be administered ; and (d) in the marginal note for the word commencement substitute the word application . Bom. Act 23 of 1959, S. 2(2) (b) (1-6-1959).
Tamil Nadu. In the added territory in the State of Tamil Nadu in sub-section (2) of S. 1 omit the words and figures other than the territories specified in sub-section (1) of Section 3 of the States Reorganisation Act, 1956 , which were added by A.P. Act 23 of 1958. Mad. (Ad. Ter.) A.L.O., 1961 (w.r.e.f. 1-4-1960).
Section 2. Repeal
[Repealed by the Repealing Act, 1938 (1 of 1938), Section 2 and Schedule.]
Section 3. Definitions
In this Act
(1) prison means any jail or place used permanently or temporarily under the general or special orders of a State Government for the detention of prisoners, and includes all lands and buildings appurtenant thereto, but does not include
(a) any place for the confinement of prisoners who are exclusively in the custody of the police;
(b) any place specially appointed by the State Government under Section 541 of the 8Code of Criminal Procedure, 1882 (10 of 1882); or
(c) any place which has been declared by the State Government, by general or special order, to be a subsidiary jail;
Uttar Pradesh. In the State of Uttar Pradesh, in clause (1) of Section 3 between the words for the detention and of prisoners insert the words and reformation. [Vide U.P. Act 9 of 1958, S. 2 (27-2-1958)]
(2) criminal prisoner means any prisoner duty 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 9Code of Criminal Procedure, 1882 (10 of 1882), or under the 10Prisoners Act, 1871 (5 of 1871):
(4) civil prisoner means any prisoner who is not a criminal prisoner:
Andhra Pradesh. In the State of Andhra Pradesh in Section 3 after clause (4) insert the following clause, namely
(4-A) furlough system means the system of releasing prisoners in jails on furlough in accordance with the rules for the time being in force; [Vide A.P. Act 23 of 1958, S. 3 and Sch. (w.e.f. 1-2-1960)]
Note. C1. 3 (4-A) inserted in Maharashtra was omitted by Maha. Act 14 of 1960 with effect from 1-9-1959.
(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 jail:
(6) history-ticket means the ticket exhibiting such information as is required in respect of each prisoner by this Act or the rules thereunder:
Gujarat. Same as in Maharashtra [Vide Act 11 of 1960, S. 87 Guj. A.L. (8th Amendment), Order, 1961.
Maharashtra. In the State of Maharashtra, for clause (5) substitute the following clauses, namely
(5) remission system means the system of regulation the award of marks to, and the consequent shortening of sentences of, prisoners in jail in accordance with the rules for the time being in force;
(5-A) furlough system means the system of releasing prisoners in jail or furlough in accordance with the rules for the being in force; Bom. Act 27 of 1951, Section 2 (13-5-1953);
(5-B) parole system means the system of releasing prisoners in jail on furlough in accordance with the rules for the time being in force; [Vide Bom. Act 23 of 1959, Section 3(a) (1-6-1959)]
Orissa. In the State of Orissa, clauses (5) and (5-A) are substituted for clause (5). These cluses are the same as those of Maharashtra. [Vide Orissa Act 29 of 1958, S. 2 (19-11-1958)]
(7) Inspector General means the Inspector General of Prisons:
Uttar Pradesh. In the State of Uttar Pradesh, for clause (7) of Section 3, substitute the following, namely
(7) Inspector-General means the Inspector-General of Prisons, and in relation to the performance of such functions of the Inspector-General as are entrusted by or under the rules made under this Act to Deputy Inspector General of Prisons, includes such Deputy Inspector-General. [Vide U.P. Act 19 of 1966, S. 2]
(8) Medical Subordinate means an Assistant Surgeon, Apothecary or qualified Hospital Assistant; and
Gujarat. Same as in Maharashtra [Vide Act 11 of 1960, S. 87 and Guj. A.L. (8th Amendment) Order, 1961]
Maharashtra. In the State of Maharashtra in Section 3, delete clause (8). [Bom. Act 45 of 1959, S. 2 (21-9-1959).
(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.
MAINTENANCE AND OFFICERS OF PRISONS
Section 4. Accommodation for prisoners
The State 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.
Gujarat. Same as in Maharashtra. [Vide Guj. Act 11 of 1960, S. 87 and Guj. A.L. (8th Amendment) Order, 1961]
Madhya Pradesh. In the State of Madhya Pradesh, Section 5 shall be renumbered as sub-section (1), and after sub-section (1) so renumbered insert as under
(2) The State Government may also appoint an Additional Inspection General of Prisons and one or more Deputy Inspector General of Prisons for the whole of the State or any part thereof, and they shall exercises, carry out or discharge all or any of the powers, Duties, and function of the Inspector General under this Act, or under any law for the time being in force, as the Inspector General may delegate to them, with approval of the State Government. [Vide M.P. Act 2 of 1986, S. 3 (4-1-1986).
Maharastra. In the State of Maharashtra, Section 5 shall be renumbered as sub-section (1) thereof and after the sub-section so renumbered add the following, namely
(2) The State Government may also appoint one or more Deputy Inspector-General of Prisons for the whole of such territories or may part thereof, and they shall exercise, carry out or discharge all or any of the powers, duties and functions of the Inspector-General under any law for the time being in force, as the Inspector-General may delegate to them, with the prior approval of the State Government. [Vide Bom. Act 23 of 1959, S. 3(b) (1-6-1959)]
Uttar Pradesh. In the State of Uttar Pradesh, renumber Section 5 as sub-section (1) thereof and after the renumbered sub-section (1) insert the following as sub-section (2)
(2) The State Government may also appoint one or more Deputy Inspectors-General of Prisons, and they shall perform such of the functions of the Inspector-General this Act or under any other law for the time being in force as may be entrusted to them by or under the rules made under this Act. [Vide U.P. Act 19 of 1966, S. 3]
Section 5. Inspector General
An Inspector General shall be appointed for the territories subject to each State Government, and shall exercise, subject to the orders of the State Government, the general control and superintendence of all prisons situated in the territories under such Government.
Section 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 State Government thinks necessary:
Provided that 11[the State Government of Bombay] may 12[* * *] declare by order in writing that in any prison specified in the order the office of Jailer shall be held by the person appointed to be Superintendent.
Delhi. Same as in Punjab-Delhi Laws Act, 1912, Section 7 and Notification No. 189/38, dated 30-5-1939, Gazette of India, 1939, Pt. I, p. 911.
Gujarat. In the State of Gujarat in Proviso to sub-section (1), for State Government of Bombay the words State Government of Gujarat are to be substituted; the rest of the amendments are the same as those of
Maharashtra. Bom. Act 45 of 1959 as adopted by Guj. A.L. (8th Amendment), Order, 1961; Act 11 if 1960, Section 87.
Madhya Pradesh. In the State of Madhya Pradesh in the proviso to Section 6, for the words the State Government of Bombay , substitute the words the State Government of Madhya Pradesh . [Vide M.P. Act 40 of 1961, S. 3 and Sch., Part A (1-2-1962)]
Maharashtra. In the State of Bombay, in Section 6
(a) renumber the section as sub-section (1) thereof;
(b) in sub-section (1) so renumbered, after the words a Superintendent insert the brackets and words (who may be a Deputy Inspector-General of Prisons) ;
(c) delete the words a Medical Subordinate ;
(d) in the Proviso for State Government of Bombay substitute State Government of Maharashtra ;
(e) insert the following as sub-section (2), namely
(2) Where one or more Deputy Superintendents are appointed for a prison, they shall subject to the general or special orders of the Inspector-General, exercise, carry out or discharge all or any of the powers, duties and functions of a Superintendent under this Act, or any law for the time being in force, as the Superintendent may delegate to them. [Vide Bom. Act 45 of 1959, S. 3 (21-9-1959) and Mah. A.C.A.O. 1960 (1-5-1960).
Punjab: Haryana: Chandigarh. In the State of Punjab, at the end of Section 6, add the following Proviso, namely
Provided further that in the Punjab the State Government may appoint for any prison a Deputy Superintendent instead of a Jailor, and an Assistant Superintendent instead of a Deputy or Assistant Jailor, 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 Jailors and Deputy or Assistant Jailors respectively . [Vide Punjab Act 9 of 1926 (1-9-1926) and Punj. Act 5 of 1957, S. 4(1); Act 31 of 1966, S. 88.
Section 7. Temporary accommodation for prisoners
Whenever it appears to the Inspector General that the number of prisoners in any prison is greater than can conveniently or safely be kept therein, and it is not convenient to transfer the excess number to some other prison,
or whenever from the outbreak of epidemic disease within any prison, or for any other reason, it is desirable to provide for the temporary shelter and safe custody of any prisoners,
provision shall be made, by such officer and in such manner as the State Government may direct, for the shelter and safe custody in temporary prisons of so many of the prisoners as cannot be conveniently or safely kept in the prison.
DUTIES OF OFFICERS
Section 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 13[59].
Section 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.
Section 10. Officer 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 or indirectly, from the sale or purchase of any article on behalf of the prison or belonging to a prisoner.
Section 11. Superintendent
(1) Subject to the orders of the Inspector General, the Superintendent shall manage the prison in all matters relating to discipline, labour, expenditure, punishment and control.
(2) Subject to such general or special directions as may be given by the State Government, the Superintendent of a prison other than a central prison or a prison situated in 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 Inspector General all such orders and the action taken thereon.
Andhra Pradesh. In the State of Andhra Pradesh, in sub-section (2) of Section 11, for the words the District Magistrate substitute the words the District Collector A.P. Act 23 of 1958, S. 3 and Sch. (w.e.f. 1-2-1960).
Gujarat. In the State of Gujarat, some as that of Maharashta. [Vide Act 11 of 1960, S. 87 and Guj. A.L. (8th Amendment) Order, 1961.
Maharashtra. In the State of Maharashtra, in Section 11 in sub-section (2), delete the words a central prisoner . [Vide Bom. Acts 45 of 1959, S. 4 (21-9-1959); 23 of 1959, S. 2 (1-6-1959).
Section 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 observation 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 may be prescribed by rules under Section 59 14[* * *]
Section 13. Duties of Medical Officer
Section 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 Inspector General for information.
Section 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.
Gujarat. In the State of Gujarat, amendment is same as that of Maharashtra. [Vide Act 11 of 1960, S. 87 and Guj. A.L. (8th Amendment) Order, 1961]
Maharashtra. In the State of Maharashtra, in Section 15 in clause (7) delete the words or Medical Subordinate . [Vide Bom. Acts 45 of 1959, S. 5 (21-9-1959); 23 of 1959, S. 2 (1-6-1959)
Section 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 Inspector General's sanction in writing, be concerned in any other employment.
Section 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.
Gujarat. In the State of Gujarat same as in Maharashtra. [Vide Act 11 of 1960, S. 87 and Guj. A.L. (8th Amendment), Order, 1961]
Maharashtra. In the State of Maharashtra, in Section 17 for the words Medical Subordinate substitute the words Medical Officer . [Vide Bom. Acts 45 of 1959, S. 6 (21-9-1959); 23 of 1959, S. 2 (1-6-1959).
Section 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 confided to his care, and for the money and other articles taken from prisoners.
Section 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 the night from unavoidable necessity, he shall immediately report the fact and the cause of it to the Superintendent.
Section 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.
Section 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.
Section 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.
Section 23. Convict officers
Prisoners who have been appointed as officers of prisons shall be deemed to be public servants within the meaning of the Indian Penal Code, (45 of 1860).
ADMISSION, REMOVAL AND DISCHARGE OF PRISONERS
Section 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.
Section 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.
Section 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.
DISCIPLINE OF PRISONERS
Section 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 17[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.
Section 28. Association and segregation of prisoners
Subject to the requirements of the last foregoing section, convicted criminal prisoners may be confined either in association or individually in cells or partly in one way and partly in the other.
Section 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.
Gujarat. In the State of Gujarat, same as in Maharashtra. [Vide Act 11 of 1960, S. 87 and Guj. A.L. (8th Amendment), Order, 1961]
Maharashtra. In the State of Maharashtra, in Section 29 for the words Medical Subordinate substitute the words or any officer authorised by the Medical Officer in this behalf. . [Vide Bom. Acts 45 of 1959, S. 7 (21-9-1959); 23 of 1959, S. 2 (1-6-1959).
Section 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.
FOOD, CLOTHING AND BEDDING OF CIVIL AND UNCONVICTED CRIMINAL PRISONERS
Section 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 Inspector General.
Section 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.
Section 33. Supply of clothing and bedding to civil and unconvicted criminal prisoners
(1) Every civil prisoner and 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.
(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.
EMPLOYMENT OF PRISONERS
Section 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.
Section 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.
Section 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.
HEALTH OF PRISONERS
Section 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.
Section 38. Record of directions of Medical Officer
All direction 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 18[State Government] may by rule direct, and the Jailer shall make an entry in its proper place stating in respect of each direction the fact of its having been or not having been compiled with, accompanied by such observations, if any, as the Jailer thinks fit to make, and the date of the entry.
Section 39. Hospital
In every prison an hospital or proper place for the reception of sick prisoners shall be provided.
VISITS TO PRISONERS
Section 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 consistent with the interests of justice, prisoners under trial may see their duly qualified legal advisers without the presence of any other person.
Section 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 State Government may direct.
OFFENCES IN RELATION TO PRISONS
Section 42. Penalty for introduction or removal of prohibited articles into or from prison and communication with prisoners
Whoever, contrary to any rule under Section 19[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 rule, communicated 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.
Section 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.
Section 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.
PRISON-OFFENCES
Section 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 20[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) filling, 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.
2146. Punishment of such offences. The Superintendent may examine any person to 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 22[for such period as may be prescribed by rules made by the 23[State Government]];
(3) hard labour for a period not exceeding seven days in the case of convicted criminal prisoners not sentenced to rigorous imprisonment;
(4) such loss of privileges admissible under the remission system for the time being in force as may be prescribed by rules made by the 24[State 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 25[State Government];
(7) imposition of fetters of such pattern and weight, in such manner and for such period, as may be prescribed by rules made by the 26[State Government];
(8) separate confinement for any period not exceeding 27[three] months;
Explanation. Separate confinement means such confinement with or without labour as secludes a prisoner from communication with, but not from sight of, other prisoners, and allows him not less than one hour's exercise per diem and to have his meals in association with one or more other prisoners;
(9) penal diet, that is, restriction of diet in such manner and subject to such conditions regarding labour as may be prescribed by the State Government:
Provided that such restriction of diet shall in no case be applied to a prisoner for more than ninety-six consecutive hours, and shall not be repeated except for a fresh offence nor until after an interval of one week;
(10) cellular confinement for any period not exceeding fourteen days:
Provided that after each period of cellular confinement an interval of not less duration than such period must elapse before the prisoner is again sentenced to cellular or solitary confinement;
Explanation. Cellular confinement means such confinement with or without labour as entirely secludes a prisoner from communication with, but not from sight of, other prisoners;
28[* * *]
29[(11)] penal diet as defined in clause (9) combined with 30[cellular] confinement 31[* * *];
32[(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 punishment, under Section 46. 33[(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 34[cellular] confinement;
(3) 35[cellular confinement shall not be combined with separate confinement, so as to prolong the total period of seclusion to which the prisoner shall be liable;]
(4) whipping shall not be combined with any other form of punishment except cellular or separate confinement 36[and] loss of privileges admissible under the remission system;
(5) 37[no punishment will be combined with any other punishment in contravention of rules made by the 38[State Government].]
39[(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 punishment 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 Inspector General.
(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-books. (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 Jailor 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 40[or Presidency Magistrate] having jurisdiction, together with a statement of the circumstances, and such Magistrate shall thereupon inquire into and try the charge so brought against the prisoner, and, upon conviction, may sentence him to imprisonment which may extend to one year, such term to be in addition to any term for which such prisoner was undergoing imprisonment when he committed such offence, or may sentence him to any of the punishments enumerated in Section 46:
41[Provided that any such case may be transferred for inquiry and trial by the District Magistrate to any Magistrate of the first class and by a Chief Presidency Magistrate to any other Presidency Magistrate and:]
Provided also that no person shall be punished twice for the same offence.
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 in shall be inflicted, in the way of school discipline, with a lighter ratan.
54. Offences by prison-subordinates. (1) Every Jailor 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.
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 and 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 Inspector General with the sanction of the State Government, so confine them.
57. Confinement of prisoners under sentence of transportation in irons. (1) Prisoners under sentence of transportation may, subject to any rules made under Section 42[59], be confined in fetters for the first three months after admission to prison.
(2) Should the Superintendent consider it necessary, either for the safe custody of the prisoner himself or for any other reason, that fetters should be retained on any such prisoner for more than three months, he shall apply to the Inspector General for sanction to their retention for the period for which he considers their retention necessary, and the Inspector General may sanction such retention accordingly.
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. 43[(1)] 44[The State Government may] 45[by notification in the Official Gazette] make rules consistent with this Act
(1) defining the acts which shall constitute prison-offences into serious and minor 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 Indian Penal Code (45 of 1860) may or may not be dealt with as a prison-offence;
(5) for the award of marks and the shortening of sentences;
(6) regulating the use of arms against any prisoner or body of prisoners in the case of an outbreak or attempt to escape;
(7) defining the circumstances and regulating the conditions under which prisoners in danger of death may be released;
46[(8) for the classification of prisons, and description and construction of wards, cells and other places of detention;
(9) for the regulation by numbers, length or character of sentences, or otherwise, of the prisoners to be confined in each class of prisons;
(10) for the government of prisons and for the appointment of all officers appointed under this Act;
(11) as to the food, bedding and clothing of criminal prisoners and of civil prisoners maintained otherwise than at their own cost;
(12) for the employment, instruction and control of convicts within or without prisons;
(13) for defining articles the introduction or removal of which into or out of prisons without due authority is prohibited;
(14) for classifying and prescribing the forms of labour and regulating the periods of rest from labour;
(15) for regulating the disposal of the proceeds of the employment of prisoners;
(16) for regulating the confinement in fetters of prisoners sentenced to transportation;
(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 transportation or imprisonment is about to expire subject, however, to the consent of the State Government of any other State to which a prisoner is to be transferred;
(23) for the treatment, transfer and disposal of criminal lunatics or recovered criminal lunatics confined in prisons;
(24) for regulating the transmission of appeals and petitions from prisoners and their communications with their friends;
(25) for the appointment and guidance of visitors 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 47[Code of Criminal Procedure, 1882 (10 of 1882), and to the officers employed, and the prisoners confined, therein;
(27) in regard to the admission, custody, employment, dieting, treatment and release of prisoners; and
(28) generally for carrying into effect the purposes of this Act.]
48[(2) Every rule made under this section shall be laid, as soon as may be after it is made, before the State Legislature.]
60. Power of Local Government to make rules. 49[Repealed by the A.O. 1937.]
61. Exhibition of copies of rules. Copies of rules, under 50[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 State Government may appoint in this behalf either by name or by his official designation.
[Repealed by the Repealing Act, 1938 (1 of 1938), Section 2 and Schedule]
1. Amended in its application to (1) the province of Madras by (i) the Prisons and Indian Lunacy (Madras Amendment) Act, 1938 (Madras Act 14 of 1938); (ii) the Prisons (Madras Amendment) Act, 1940 (Madras Act 5 of 1940); (iii) the Prisons (Madras Amendment) Act, 1974 (Madras Act 18 of 1947); and (iv) the Prisons (Madras Amendment) No. II Act, 1947 (Madras Act 19 of 1947). (2) the Punjab by Section 2 of the Prisons (Punjab Amendment) Act, 1926 (Punjab Act 9 of 1926). (3) Delhi by Delhi Act 6 of 1956. (4) Assam by Assam Act 12 of 1956. (5) Orissa by Orissa Act 23 of 1956 and 29 of 1958. (6) West Bengal by West Bengal Act 22 of 1957. (7) Himachal Pradesh by Himachal Pradesh Act 10 of 1974. (8) Kerala by Kerala Act 10 of 1976. The Act has been extended to (1) NEFA by Regulation 30 of 1960, subject to certain modifications, vide Section 3 and Schedule, ibid. (w.e.f. 1-11-1960). (2) the whole of Madhya Pradesh by Madhya Pradesh Act 40 of 1961. (3) Goa, Daman and Diu by Regulation 11 of 1963, Section 3 and Schedule. (4) Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Regulation 6 of 1963, Section 2 and Schedule I. (5) Lakshadweep (w.e.f. 1-10-1967), : vide Regulation 8 of 1965, Section 3 and Schedule. (6) the Union Territory of Pondicherry by Act 26 of 1968, Section 3 and Schedule. Repealed in part (in West Bengal) by West Bengal Act 7 of 1948. Repealed in its application to Bellary District by Mysore Act 14 of 1955.
2. Subs. by the Adaptation of Laws (No. 2) Order, 1956 for Part A States and Part C States .
3. Subs. by the A.O. 1950.
4. Sub. by the Adaptation of Laws (No. 2) Order, 1956 for Part B States .
5. Sub. by the A. O. 1950. For province which was substituted. by the A.O. 1948 for presidency .
6. Ins. by the A.O. (No. 2) Order, 1956.
7. The Civil Jails Act, 1874.
8. See now the Code of Criminal Procedure, 1973 (Act 2 of 1974).
9. See now the Code of Criminal Procedure, 1973 (Act 2 of 1974).
10. See now the Prisoners Act, 1900 (3 of 1900).
11. Subs. by the A.O. 1937, for the Governor of Bombay in Council .
12. The words with the previous sanction of the G. G. in C. omitted by the A.O. 1937.
13. Subs. by the A.O. 1937, for 60 .
14. The words and figures or Section 60 omitted by the A. O. 1937.
15. For rules as to Medical Officer's duties under Section 13, see different local Rules and Orders.
16. Subs. by the A.O. 1937, for 60 .
17. Subs. by Act 6 of 1930, S. 2, for eighteen .
18. Subs. for Provincial Government by the A.O. 1950.
19. Subs. by the A.O. 1937, for 60 .
20. Subs. by the A.O. 1937, for 60 .
21. For rules issued with reference to clauses (4), (6) and (7) of Section 46 see Gazette of India, 1923, Pt. I, p. 1751.
22. Ins. by Act 17 of 1925, Section 2.
23. Subs. by the A. O. 1937, for G. G. in C. .
24. Subs. by the A. O. 1937, for G. G. in C. .
25. Subs. by the A. O. 1937, for G. G. in C. .
26. Subs. by the A. O. 1937, for G. G. in C. .
27. Subs. by Act 17 of 1925, Section 2, for six .
28. Original cl. (11) was repealed and cls. (12) and (13) renumbered as (11) and (12), respectively, by Act 17 of 1925, Section 2.
29. Original cl. (11) was repealed and cls. (12) and (13) renumbered as (11) and (12), respectively, by Act 17 of 1925, Section 2.
30. Subs. by Act 17 of 1925 S. 2, for solitary .
31. The words as defined in cl. (11) repealed by Act 17 of 1925 Section 2.
32. Original cl. (11) was repealed and cls. (12) and (13) renumbered as (11) and (12), respectively, by Act 17 of 1925, Section 2.
33. The original Section 47 was renumbered as Section 47(1) by Act 17 of 1925 Section 3.
34. Substituted by Act 17 of 1925 Section 3, for solitary .
35. Subs. by Act 17 of 1925 Section 3, for the original exception (3).
36. Subs. by Act 10 of 1914, Section 2 and Schedule I, for or .
37. Subs. by Act 10 of 1914, Section 2 and Schedule I, for or .
38. Ins. by Act 17 of 1925, Section 3.
39. Subs. by the A.O. 1937, for G.G. in C. .
40. Ins. by Act 13 of 1910, Section 2.
41. Subs. by Act 13 of 1910 Section 2, for the original proviso.
42. Subs. by the A. O. 1937, for 60 .
43. Section 59 renumbered as sub-section (1) by Act 4 of 1986, Section 2 and Schedule (w.e.f. 15-5-1986).
44. Subs. by the A. O. 1937, for The G. G. in C. may for any part of British India, and each L. G. with the previous sanction of the G. G. in C. may for the territories under its administration .
45. Ins. by Act 4 of 1986, Section 2 and Schedule (w.e.f. 15-5-1986).
46. Subs. by the A. O. 1937, for the original cls. (8) and (9).
47. See now the Code of Criminal Procedure, 1973 (Act 2 of 1974).
48. Ins. by Act 4 of 1986, Section 2 and Schedule (w.e.f. 15-5-1986).
49. This section has been incorporated with slight modifications in cls. (8) to (27) of Section 59.
50. Subs. by the A.O. 1937, for Sections 59 and 60 .