Daman and Diu act 009 of 1894 : The Prision Act 1894

THE PRISONB ACT. 1894

( IX of 1894)

An act to amend the law relating to Prisons Where as it is expedient to amend the law relating to prisons in India except the territories which immediately before the lst November, 1956-, Watt comprisedin Part3 States other than the Madhya Bharet and Simixegions of the State of Madhya Pradesh and to provide rules for the regulation of such prisons; it is hereby enacted as followa:—-— CHAPTER I—PRELIMINARY

1. (1) This Act may he called the Prisons Act, 1894

(2) It exteﬁd': to the whole eflzdie, ﬂew: the territories which immediater before the let November, 1956 were comprised in Part B States ' *other than the Madhya Bharat and Sireni regions of the State of Madhya Pradesh.

(3)1: shall come into force on the ﬁrst day of

July, 1894.

(4) Omitted.

2. Repealed by Act I of 1938.

3. In this Act—

(1) "Prison" mam may jail at place used permanently - er temporarin under the general or special ordersaf' 3 State Guvemment for the detention of puaoners, and includes all lands and buildingsappm'teeant tbcrcm, but does not include;—

(a) any pl_ace fer the conﬁnement of prisoners whoare exclusively in the custody of the police;. (b) any place specially appointed by the State_ Government under section 541 of the Code ofI! Criminal Procedure, 1882; or- (c) any place which has been declared by the Sme Gowernment by general or special order, to bea subsidiary jail;

(2) "Cf'iminal prisoner" means any prisoner duly com-muted to custody under the writ, Warrant or order of aey Court 91" aurhcin? exercising crimi-, i 11:11 junsdxction, or' by order of a .Couzt-martial; 'lnserted by Madhya Pradesh Ea}; 4?of 1961. _ ' (4) By Madhya Pradesh Second Exlension of Laws Act, l96 I (No. 40011961]. Title. extent and.

commenccmeut.

Deﬁnitions.

Accommodation for prisoners. Intem-

General.

Oﬁem of

rm:.

JAIL MANUAL [PRISONS AC!

(3) "Convicted criminal prisoner" mews 3:13- cririrtl prisoner under sentence of a Caurt or Comt— martial, and includes a person detained in prison under the provisions of Chapter VIII of the Code of Criminal Procedure, 1882 or under the Priso— ners 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) "Histety-ticket" meansthe ticket exhibiting such information as is required in'respeu of each pri— soner by this Act or the rules thereunder;

(7) "InspeCtor Genet " means the Inspector General of Prisons;

(3) "lt'LeClica!1 Subordinate" means an A ssistant Ser—

geon, APDIhecary or qualiﬁe

d Hospital A5315-

tant; and

(9) "Prohibited article" means an a rticle the immense-

tion or removal of which into or out of a pnson

is prohibited by any rule under this Act.

CHAPTER II—MAINTENANCE AND OFFICERS

0F PRISONS

4. The State Government shall provide, for the prisonefs

in the territories under such GoVernment, acco mmodation 111

prime conSIructed and regulated in such ma nner as to comlgly

with the requisitions of this Act in respect of the WWW of prisoners.

5. An Inspector—General shall be appointed for the text:-

tories subject to each State Governme nt, and shall exetcme:

subject to the orders of the State Gove rnment, the gene

control and superintendent Of all pris ons situated m the

territories under such Government.

6. For every prison there shall be a S uperintendent, a

Medical Ofﬁcer (who may also be the Superintendent), a

Medical Subordi-Fate, a Iailor and su ch ether ofﬁcers as the

State Governinent thinks

necessary:

-I

rmscms ACT ] JAIL MANUAL Provided that the State Government of 'Madhya Pradesh may, declare by order in writing thatin any prison speciﬁedin the order the ofﬁce of Iailor shall be held. by the personappointed to be Superintendent.

7. Whenever it appears to the Inspector General that thenumber of prisoners it: any prison is greater than conVenieme 01' safely be kept therein, and itis not eameniem to transferthe excess number to some other ptiSon, or whenever from the outbreak ofepidemic disease Within any prison, or for any other reason, it is desirable to providefor the temporary shelter and sFife- custody of any prisoners, provision shall be made, by such oﬁicet and in suchmanner as the State Government may direct, for the shelter

and safe custody in temporary prisons of So many of theprisoners as cannot be convenienIIy-or safely kept in the prison.

CHAPTER III—DUTIES OF OFFICERS GENERALLY

8. All ofﬁcers of a prism: shall obey the drections of the Superintendent; ail Ofﬁcers subordinate to the Jailct shall perform such duties as may beimposed on them by thejailer with the sanCtion ofthe Superintendent or be prescribed by rules under section 59.

9. No oﬁcer of a prison shall Sellorlct, not shallany person in trust for employed by him sellorlet, or derive anybeneﬁt from selling or letting, any article to any prisoner or him: any money or Other business dealings directly or in— direetly with any prisOner.

10. No ofﬁcer of a prison shall, nor shall any Demon inmm for or employed by him have anyintetest direct or in— direct in any contract for the supply of the prison; nor shall

he derive any beneﬁt, directly or indirectly, from the sell

or purchase of any article on behalf ofthe prison or belong-

ing to a prisoner.

Superintendent

11. (1) Subject to the orders of the Inspector General the Super intendent 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 otdets not inconsistent with .Suhsn'tuted by M. P. Act Noh-deO of i961.

Temporary acco-

mmodation sfo:

prisoners;

Contol and duties

of oﬁcers

prisons.

Ofﬁcers not to have

business dealings

with p risen era .

Oﬁieers not'to be

nterested in pn-

iron contracts.

Supetmtendent.

4 . _ MIL MANUAL [PRISONS ACT this Act or any rule thereunder which may be given reapeeting. the pttson by the District Magistrate, and. shall tcport to the Inspector General all such orders and the action taken theteonv Records a, be Rep: 12. The Superintendent shall keep, or cause to he kept,

by Superintendent. the following records :--— '

(1) a register of prisoners admitted;

(2) a. heel: showing when each prisoner is to be released;

(3) a punishment book for the entry of the punishments inﬂicted 9n prisoner for prison-roﬁ'tncesg

(4) a visitor's book for the entry of any OBSEtWtiODS made by the visitors touching. any matters connec- ted "ith the administration of the prison;

(5) a record ofthe money and other articles taken from prisoners; and all such other records as may be. prescribed by rules under eeetinr '0.

Medical Oﬂieer

Egg: 0f Mcdica' 13. Subject to the control of th e Superintetdem, the

' Medical Ofﬁcer shall have charge of the sanitary adm instratioa

of the prison and shall perform such duties as may be pres-

cribeg by rules made by the State Government under sec-

tion 9.

Medical _0ﬁicer'3 i: 14. Whenever the Medica l Oﬁicer has reason to believe

$33: m "m that the mind of a prisoner is, or is lik ely to be, iniuriously

aﬁ'ected-by the discipline or tIEalmtnt to which he is subjected,

the Medical Oﬂicer shall_ report the case inm iting to the

Superintendent, together with such

observations as he may

think proper. '

This repert, with the orders of

the Superintendentthere»

on shall forthwith be sent to the

Inspector Generﬂ for in-

farmation.

Report on death of 15. 011 the d eath of any prisoner, the Medica l Qﬁicet

Pmner- shall forthwith record in a register the following particular s

so far as they can be ascertained, namely:-—-

(1) the day an which the dece ased ﬁrst complained of illness at Was observed to be ill,

(2) the lab'mu', if any, on Whi ch he was engaged on that day,

(3) the scale of his diet on tha t day,

(4)1'he day on which he was admitted to hospital,

(5) the day on which the Me dical Oﬂicet was ﬁrst:

informed ofthe illneSS,

ensue; ACT] JAIL MANUAL _ _ . . . '5 ' (51th: Mute oftheﬂisease, * .. ' '. - , 2 :' '-

(7) when' the deceased was Last seen before his deathby the Medical Oﬁicet or Medical Subordinate,

(8) when the prisoner "dice, and

(9) (in"'eaSes where 5': pcst-mortem examination is made) an account of the appearpnces after death, together . -: '_With aey special rﬁmarksthat appear tn the A&ediml ' ' " ' Oﬂicer to be required. \ 16- (I) The Iailar shall reside in the prison unteame Jaiior.Superintendent permits him in Writing to tesﬂe elsewhere. (2) The Jane: shall not, without the Inspector Geherhi'ssanction in writing, be concerned in any other employment.

17. Upon the death of a prisoner, the Jailor shall Jiﬂ°rggtgven°ﬁ=e give ﬁnnediate notice thereof to the Superintendent and mi" ° mm"the Medical Subordinate. ' 18.' The Iailor Shall be responsible for the safe custody ?aﬁfgfn'ibm'y "f0f the records to be kept t'xderaectie-n 12, for the commit- ' ment warrants and all bther'documents conﬁded to his care,and for the money and other articles taken frcm prisoners.

19. The Iaﬂo-r shall not be absent from the prison for 135101.10 be Prescnl a night without permission in wiring ftcm the Supermtetdent; 3' "sh" but: if .ahnent without leaVe for a night from unavoidableneCcssity, he shall immediately report the fact and the causeofit to the Superintendent. _

20- Wheres TailororAssistmtJaﬂoris-appointed POW" 0', PW" to a prism, he slPaIIipgutgject to the orders of the Superinten- ?:idlm, mdumb: competent to perform any ofthe duties, and be subj- ect to Hi the responsibilities of a Jailor under this Act oranv rule thereunder. I Subordinate 0mm-

21. The oﬂicer acting as gate-keeper, or any other ofﬁcer 2:?" of site- Of the prison, may examine anything carried 1'1: or out ofthe w.prison, lid may stop and search or cause to be searched anyperson suspected of bringing any prohibited amide into or But of the prison, or oftaming out any PIOPCHy belwging to the prison, and, if shy each article or ptOPmybefound,shall give immediate notice thereof to the Jailor.

2. Ofﬁcers mberdinate e the Jail»: seen not be absent mﬂgtcoﬁﬁr150111 the Prison withont-leave from the Superintetdem or without leave from the Jaime.

g - J_AIL MANUAL .[PRISBNS Ac:

dome: 05:123. .23. Prisoners who have been-aippointed as-oiﬁcers of prisons shall be deemed to be public servants within the mean- ing of the Indian Penal Code. " '

CHAPTER IV—ADMISSION, REMOVAL'AND

DISCHARGE OF PRISONERS

mg: tog"1 ' 124.; Whenevee a1 prisoner is admitted into"_prison, he m" "n ' shall be attached , and all weapons and. prohibited arti cles

shall be taken from him.

(2) Every criminal prisoner shall also, as soon as poasible after admission, be'examined under the general or specic hl

orders of the Medical Ofﬁcer, who shall enter or ca use to be

entered in a book, to be kept by the Iailor a record ofth e state

of theeprisaner's health, and of tiny Wounds or mar ks on his

ﬂ _ __ perSon, the class oflabour he is ﬁt for if sentenced to rigorous

- - imprisonment and any observations whi ch the Medical Olﬁcer

thinks ﬁt to add.

' ~

(3) In the. case of female priSoners, the sear ch and exami-

nation shall be carried out by the matron uzg der the general or

speCiELl orders of the Medical Oﬂioer. Eﬂectaofprisoncrs. 25. All money or other a rticle's in respect whereof no

. order ofa competent Court hasbeenma de,and whichmay with

' proper authority be brought into the pris on by any criminal

prisoner or sent to the prison for his use , shall be placed in

the custody of the Iailor.

Removal anq ﬁg- 26. All prisoners, previously to being temowd to

Share: of P'Mm- any other prison, shall be exami ned by the Medical Olﬁcer.

(2) No prisoner Shailbe removed from one pri sed to agather

unless the Medical 0mm cettiﬁes that t he pfisoner ls ftee

from any illness rendering him unﬁt for remu Val.

(3) No prisoner shall be discharged agai nst his twill from

prison if labouring under any acute or dangerous dls-temper,

nor until, in the opinion ofthe Med ic al Ofﬁcer, such dtschatge

' it. Safe. ' - '

CI-IAJ'TER V—DISCIPLINE OF PRI

SONERS

Separation ofpd. T '27. . The reqtlisitione O f this Act with respect to the

soners. separatmn of prisoners are as fol lows :~ .

( 1) In a prison containing female a s well as male pri-

soners, the females shall be imp risoned in se-

parate buildings, or separate parts of t he same

building, in such manner as to preven t their

PRISONS, ACT] JAIL MANUAL

seeing, or conversing or holding any intercourse with. the'niale prisoners; _

'(2) in a prison where -male peisorters'. under the age oftwenty one are conﬁned, means shall be ttovxded fot Separating them altogetherfrum the other priSone rs, and for separating Lhoﬁeof them who have arrived at the age of puberty from those who have not; . .

(3) unitonvicted criminal priswers,shall bekept apart from Convicted eIiminal priho'ners; and (4, civil prisoners shall be kept apart from criminal prisoneIS.

' 28. SubEeCt to the requirements of the later foregoing seCtion convicted criminal prisoners may be conﬁned 61th:? in assoCiaticn' or in?! ivid 1131137 in cells or partly in one way and partly in the other. - ' "

__ 29. No Cellshall be uaed for Solitary Conﬁnement unless it is furnished with'the means of enabling the prisoner to Communicate at any time with an oﬂicer of the Prisﬁn, and every prisoner 80_ conﬁned in a Cell for more than twenty-fo'ur hours, wheﬂjer as a punishment or otherwise, shall be visited atleast once a day by the Medical Ofﬁcer or Medical Subordinate; '

' 30. Every prisoner under sentence of death shall, 'Wmediately on his arrival in the prison after smtence be searched by, or by ctder of the Iailor and alIarticles _ ﬁhall betaken from him which the JailOr deem it dangerous or inexPedient to leave in his pq'ssession-

(2) Every suchrprisonEI shall be conﬁned in a cell apart ftom all other prisoners and shall be placed by day and by_ni-ght under the 'charge of a guard. I CHAPTERVI—FOOD, CLOTHING [AND BEDDING

' OF CIVIL UNCONVICTED CRIMINAL PRISONBRS

31. A Civil prisoner e: an untouvicted criminal prisoner shall be permitted tomaiqtain himself, and to Purchase, or receiVe from private sources, at proper hours, food, clorhing, bedding Or Other necessaries, but Sublect :IO examination 2'lid to such rules as may be approved by the Inspector—General. I --

32. No part ofany food, clothing, bedding or other necessaries belongin g torany civil or unConvicted criminal prisoner shallbe given,-hited or Sold to any other prisoner, and any prisoner transgressirg the provisions Of this sectionshall late the privilege of- purchasing food or receiving it from pxwate sources, for such time as:the Superintendent

thinks proper. ' . - . _

Association and

segregation of pri-

soners.

Solitary conﬁne-

ment.

Prisoners under

sentence of death.

Maintenance of

certain prisoners

from private sou-

rces.

Restriction on tra-

nsfer of food and

etothing betWeen

certain prisoners.

8 JAIL MANUAL} [Parsons' Aer

ngﬂy ofclothing

a bedding to

civil and unconvie- ted criminal pri- soners.

Employntent of

civil onsoners.

Etnployment cf

cnminal prisoners. Empleymeneof:Iiil .. pageant!

gamete mp1:

Impeachment.

33. Every civil prisoner and tmenmicted criminal prisoner unable to provide himself with suﬁcittt'clothing and beddingnahall be supplied by the Superintendent with such chathimand bedding as may beneeessaty; '

(2) When any civil prisoner has been committed to prison 'm execution of a'. decree in favour of a private person, Such person, or his representatile shall, Within forIy-tight hours after the receipt by him of a demand in writing pay to the

Superintendent the cost of the clothing and beddingeoeupplied to the prisoner; and in default of such payment the prisoner may be released.

CHAPTER VII—EMPLOYMENT 0F PRISONERS

34. Civil prisoners may, with the Supermtdldcnt's par- rnission, work and. follow any trade or profession.

(2) Civil prisoners ﬁnding their own implements, an d

not maintained. at the expense of the prison, shall be allowed to receive the whole of their earnings; but t he earnitgs of

such as are furnished with inlplemcnts or are maintain ed at

the expence of the prison shall be subject to a dcduction. :0 be determined by the Superintendent, for th e use of imple-

ments and the coat of maintenance.

- 35. No criminalprisonersentenced tn labo

urmremployed

on labour at his we desire shall, except

on an emergemy

with the sanCtiUn in Writing of the Superinte ndent, be kept

to labour for more than nine hours in any

one day.

(2) The Medical Oﬂicer shall from time to time examine

the labouring prisoners while they an: em ployed, 'and shall at

least met: in every fortnight cause m be recorded upon the

history ticket ofench prisoner-employtd on labour the weight

of sad] prisoner at the time.

(3) When the Medical Ofﬁcer is of opinio n that the health

'of any prisoner Suﬂ'crs from employment or any kind at date

oflaboux, such prisoner shall not be empl oyed on that labour

but 51131le placed on such other kind or class of labour as

the Medical Olﬁcer may consider suited f or him.

35. Provision shall be mdeby the Supti ntendent for the

the employment (as long uthey eo' desi re) of all etimtnal ptr-

aonera sentenced to simple imprison ment, but no prmonet

not summed to risoronl imptiMcnt wt be punished for

of work excepting by amh altera tion in the scale

diet as my be established by the rules of the prism). in theme

ofneglect ofwork by such a prisoner.

means ACT] JAIL MANUAL CHAPTER VIII—HEALTH OF PRISIONERS

37. The names of prisoners destiring to see the Medical Sid' Prim" Subordinate or appearing out of health in mind or body shall,without delay, be reported by the ofﬁcer in immediate chargeof such prisoners to the Iailor. .

(2) The jailer shall without delay, call the attention of the Medical Subordinate to any pIiS-oner desiring to 'see himor who is ill, or whose state ofmind or body appears to require attention, and shall carry into eﬁ'ect all written directions givenby the Medical Ofﬁcer or Medical Sub'ord inate respecting alte-rations ofthe d iscipline or treatment of any such prismer.

33. A11 directions given by the Medical Ofﬁcer or MedicalSubordinate in relation to any prisoner, with the excepricn of orders for the supply of medicines or direCtions relating tosuch matters as are carried into Effect by the 'Medical Ofﬁcerhimselfor under his superintendence, shalt be entered day byday in the prisoner's histon—ticket or in such other record asthe State Government may by rule directJ and the Jailor Shall make an entry in its preper place Stating in respect of eaChdirection the fact ofits having been or not having been compliedwith, a'ccnmtaenied by such observation, if an , as the Jailorthinks ﬁt to'make and the date ofthe entry. Hospital

39. In every prison a hospital or proper place forthereception afsick prisoners shall be provided. 39-A. The Superintendent may ifin his opinion a prisoner requires Special treatmentin a hospital outside the prism: orin any asylum as deﬁned in the Indian Lunacy Act, 1912(No. 4of1912)eeudhimercause himto be mtosuch hospital 91' asylum, subject to the prisoner or any relative qrfriend ofthe prisoner executirg such bond and abiding by suchother cnnditions, ifany, as the State Governmem- mayprescribe.

(2) The period. spent by the prisoner for such treatmentin the hOSpital or asylum or in going thereto or returning therefrom shaIl'be deemed to be part ofthe period of his detention in the prison. '

"Explanation I.—N0thing contained in this section shall. ' be deemed to affect the operation of sec—tion 30 of the Prisoners Act, 1900. Record of direc-

tions of Mes:

Ofﬁcer.

Hospital.

Power of Supcm

ical

tmdeuttosenda

prisms: rehaspilal

Druﬂnmfnr

cial um

spe-

WW, ﬁrm: 3 went} 2000 ³⁽¹⁾ sons 'Act, 1894 (No. 9 of 1894) (hereinafter referred to as the Principal Act), shall m the Slate of Mndltya Prudesh, be amended in the manner hereinafter provided. \

'ccliult 36 0f lllc Principal Act. illc fn'llnwiug th'linn slmH ht: inwrlttl. namely :--— 'l'hu pl'ismtets shall lte paid wages fur the employment puwided lu them ul xuelu rztlc as may be preseribed from time to time. The amount of ﬁfty per ce11t._of the total amount of wages earned by the prisener in a month slmil be kept and deposited in :1 separate common fund which she" be exclusively used for the payment of compensation to the deserving victims or his family of the offence the commission of which entailed the sentence of imprisonment to the prisoner. The account of lltc Fund shull lit: nminlalincd by tho Superinlcndent urlnil in such l'urm mu! in such manner as may be prescribed. The tale of emnpcnsuiion m be paid to the victims Ishall be ﬁxed by a committee consisting of such persons as may be prescribed".

Amendment of

Central Act No. 9

(II' 189-! in its

application to llle

Slate ul' Madhyn

I'rudesh.

lllﬁt-rllun nl' new

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{'renlltm of fund

for compensallun.

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MADHYA PRADESH ACT

No. 1 OF 2000

THE PRISONS (MADHYA PRADESH AMENDMENT) 110T, 1999.

[Received the assent of the Governor on the 29th December. 1999; assent ﬁrst publishul in the dhya Pradesh (1an (Exun-urdinuryl" dulett 3n! Jtulumy. Ztttntl

An Act further to amend the Prisons Act. 1894, in Its application to [heStathladhya Prades

Be it enacted by the Madhya Ih'adesh Legislature in the Fiftieth Yea d+ Republic of 1110 as follows :--

Short title. 1. This Act may be called the Prisons (Madhya Pradesh Mil, 1999.

?unishment for escape or attempt to escapefmm hos- pital or asylum. Provisions appli- able no hands ref- ferred to in Section 39-A.

Visits to Civil 111151 unconvicted', crum- nal pntmers.

Search of visitors. Penalty for intre- ducﬁon or .temnval of prohibited arti- cles into or from prison tutti commu- nication with pri- 51mm

JAIL MANUAL [1111511111 .1121

(N0. 3 of 1.900), in cases to which that sectinn applies. '

Explanation IL—In this section, prisoner means a Cc:-

victed criminal priscntr.

39-3. If any prisoner dealt with under section 39-161 escape or attempts to escape from the hospitai or asylum 10 which he has been sent or when going thereto or returning IhE'I'C-ﬁ'O-ms he shall be punished with imprisonmert fora term which may extend to me years, or 11-ithﬁncor,'vrith both.

(2) Such punishment shalt be 111 addition 10 .111: gamma; ment for which the prisoner washable for the oﬁ'enceof which he was alreatiy convicted.

*39—(3. The provisions of Chapter XLII of 1111; Code of Criminal Proccchn-e, 1893 (No. Vof 1898), shall, so far as may be apply. to the bonds referred to in section 39-5. CHAPTER IX—VISITS T0 PRISONERS

40. Due provision shall be made for the admissitn, at pmper times and under proper resetticticns into every prison of persorﬁ With Whomcivilcrunconvietedcriminal12155017115 may desire to communicate, carebeing taken [bet so far as may be consistent withtheintereSts Ofiustiee, prisoners under trialmay see their duly qualiﬁed legal advisers 'withcut the presence of any other pemen,

41. The Jailor may demand the name and address of any visitor to 11 prisoner and when the 131-111: has any ground for suspicion may search any visitar or cause him to be searched, but the search shall not be made in the presence of any prisoner or ofanother visitor. '

(2) In case of any such visitor tefttsing to permit himself to be searched, the Jailor may deny him admisSion; and the grounds ofsuch proceeding with the particuhrs 113151-1301"= shall be entered in such record as the State Government may direct. CHAPTERK—OFFENCES IN RELATION TO PRISONS

42. Whoever, contrary to any rule under section 59 in- troduces er removes or attempts by any means whatever to introduce or remove into or from any prison or Supplies at attempts to Supply to any prisoner outside the limi ts of a

prison, any prehibittt' article.

and Wet}? ofﬁcer of a prison whq contrary to 393* such knewingly suifers any such articles to be introduced an to or

" Inserted by Maiby: mdesh Act: No. 40 of 1031

rlusoNS ACT] JAIL MANUAL removed from any prison, to he possessed byany prisoner, orto be supplied to any prisoner outside the limits Ufa prison. and whoever, contrary to any such rule communicatesor attempts to communicate With any prisoner, and Whoever abets any offence made punishable by thissection.

Shall, on conviction before a Magistrate: be liable to im-prisonment for a term not exceeding six months, Or to ﬁnenot exceeding two hundred rupees, or to both.

43. When any person, in the presence of any nﬁicer ofa prison, commits any offence speciﬁed in the last foregoing"seet'ion, and refuses on demand of such ofﬁcer to state his name and residence or gives a name or residence which sucheﬂicerkno" s, or has reason to believe, to be false, such ofﬁcer ntey arrCSt him, and shall: Without unnecessary delay make1m over to a police oﬂiCer, 2nd thereupon such police ofﬁcershall proceed as if the offence Lad been committed in thispresence.

"'44. The Superintendent Shall cause It) be afﬁxed in a Conspmuous place outside the prison a notice in English and and Hindiin Devnagari script settirtg forth the acts prcnihited under Secion 4? and the penalties incurrcd. by their commi—591011.

:CHAPTER XI—l'RISON OFFENCES

45. The follotting acts are declared to be prison oﬂ'enees When committed by a prisoner:—

(1) such waul disobedience to any regulation of the prison as shall hatte been deemed by mies made under section 59 to be a prison oﬁ'ences {2) any assault or use of criminal force;

(3) the use of insulting or threatening Image;

(4) immoral ct indecent or disorderly behaviour;

(5) wilfully disabling himself from labour; (6} contumacibusly refusing to work;

(7) . ﬁling, cutting) altering or removing handcuﬁ's, fetter:or bars without due authority; (1.) wiiful idlenesg or negligence at work by any pri'o'oncr sentenced to rigorous impﬁsonmtnt; ' Substituued P'y Aiadhya Pradesh Act 40 of 1961.

Power to arrest for

offence under see-

tien 42.

Publicgtimz

penal ttes.

1'2 JAIL MANUAL [PRISONS ac:

(9) wilful mismattagemtent of Work by any prisoner sentenced t0 rigorous imprisonment; -

(10) wilful damage to prison property;

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

(12) receiving, possessing or transferring 211v prohibited articles;

(13) feigning illness;

(14) wilfully bringing a false accuéatien against any

ofﬁcer or prisoner;

(15) omitting or refusing to tepoxt, as seen

21. it comes to his knowledge, the occurrence of an }-

ﬁm, anv' plot or conspiracy, anv escape, attempt at preptmtton to escape, and eny attack er preparation for attack upenany prisoner or ofﬁcial, and

(16) conspiring to escape: or to assist in e scaping or to

' commit any other of the oﬁences aforesaid

punishment" ml, 46. The Superintenden t may examine any person touch- a ﬁfenees. mg any such offence, and determine thereupon , and punish

such oﬁeuce by:-

(1) a formal warning; Explanation.«—A formal warning shall mean a warning

personally addressed to a prisoner b y the Superintendent

and recorded in the punishment—boek an d en the prisoner's

history ticket;

(2') change of labour": some more ir kseme or severe

form fer each period as may be presc ribed by rules

made by the State Government;

(3) hard labour for a period not exce eding seven 6:315

in the case of 'convicted criminal p risoners r.0t

Sentenced. to ttgoreus imprisoemmt ;

(4} such loss 0fprivi1eges admiﬁibte v tder the remi-

ssion system fer the time being in forc e as Ina}- to-

be prescribed by rules made by the S tate Govetn-

ment;

{5) the substitution of gently or oth er coarse fabric

for clothing at" other t:t:tett:eri111= not being Woollen,

fer a period which shall not exceed th ree monthS;

(6) imposition of handcuffs of each patte rn and weights

in Such manner and. fox such period as may be pre-

scribed by rules made by the State Government;

(7) imposition offettezs of su ch pattetn and. weight, in such manner and for such period, as may be pres-

cribed by rules made by the State G ovanmenl;

PREGNS ACT] JAIL MANUAL 13

(8) separate conﬁnementorany pctiod-not exoecdingthmemonths; ' _ - Explattatt'on.—Separate conﬁnement means such con-ﬁnement with or without labour as Secludea a ' priSOner from communication with, but not fromsight of other prisoners, and allows him not less than one hour's exercise pet diam and to

have his meals in association with one or more

other prisoners; -

(9) Penaldiet.——1hatis, restrictt'eii of diet in. such man-ner and subject to such conditions regardinglabour as may be prescribed by the State Govern—ment; Provided. that such restriction ofdiet shall in no casebe applied to a prisonei fut- mote than ninety-six con-secuIiVe hours and shall not be repeated except for a fresh oﬂ'ence 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 anintern! of not less duration than such period must elapsebefore the prisonerisagain sentenced to cellular or solitaryconﬁnement; Explamrion.—-Cellula.t conﬁnement means such conﬁne—ment with or without labour as entirely seclrdesa pri'soner froth communication with, but not fromsight of, other prisoners} (ll) Penal diet as deﬁned in cluase (9) combined with

cellular conﬁnement.

*(12) Omitted.

Provided thathotbingin this section shall renderanyfemaleor civil prisoner liable tn the imposition cf any form ofhand—Cllﬂs or fetters. .

47. _[1] Any tWo of the punishments enumerated in Pimah'ty ofpmzish- the last foregoing section may be awarded. forany such oﬁ'enee fﬁtmdﬁ5min combination, subject to the following cxcﬁptior s, n'amely:— ' ' (1) formal warning shall nut be. combined with anyother punishment except loss of privileges underclause (4) of that section; '

(2) penal diet shall not be combined With change oflabour under clause (2) of that section, nor shall ' Omitted by Madhya Pmdesh Act, 40 af 1961.

14 JAIL MANUAL

[rmsmfs ACT Award of punish- ment under section 46 and 47.

Punishment tobe inaccurdanu with forgoing sections. Medical Ofﬁcers to certify to ﬁtneSE of prisoner for punish- ment.

. any additional period of penai diet awarded singty be combined with any period of penal diet awarded

. tn combination with celluler conﬁnement; ' (3) cellular conﬁnement shall'not be combined with seoarate conﬁnement, so as to prolong the total period Of seclusion to which the prisoner shall be liable; -

*(4) Omitted.

(5) 110 Punishment will be combined With any other

punishment in contravention of rules made by the

State Government;

[2] No punishment shall beawatded foran y such offence

soasm combine, with the punishment awarded f or any othcr

such oﬁence, two of the punishments which may not be

awarded in combination for any such offe nce.

43. (l) The Superintendent shall have power to awaird.

any of the punishments enumerated in the two last foregoing sections, subject, in the case of sepatate conﬁnement for a

period exceeding one month, to the pr

evious conﬁrmation

of the Inspector—Genetal.

(2) No ofﬁce: subordinate to the Superhttendent shall have power to award any punishment wha tever.

49. Except by order ofa Court ofJustice, no punishment

other than the punishments spec iﬁed in the foregoing seettons shall be inﬂicted on any prisoner, and no punishment Ishall

be inﬂicted on any ptismu omerw ise than in accoruance

with the provisions ofthose sections.

"50. (1) No punishment of penal d iet,either singly 01'

in eombinatiﬂn, or deiﬁnge of labour under s ectionéﬁgdifuse

(2) shall beexecmed untiltheprisolc r to whomsuzh _ '

ment has been awarded has been examined by this Mm]

Oﬁicet, who, if he considers the pris oner ﬁt to undergo the

punishment, shall certify according!!! i n thc IPPWTWQ

coinmn of the punishment book pr

escribed in section 12.-

(2) If he considers the prism mil to_ undergo TIE

punishment, he shall in like mulls remd his opinion 1"

writting and shallstate whethn-ite piani st: inabm'lutcly tmﬁt

for punishment ofthe kind awarded, Dr wh erhet he considers

any modiﬁcation my.

* Omitted by Madhya Eradesh

Secnnﬁ Extention of Laws Act. 1 931-

" Substituted by Madhya Pr adesh Act, No. 40 at 1961'.

Parsons ACT ] JAIL MANUAL

(3) In the latter case he shall state what extent of puﬁish-them he thinks the prisoner can undetgd Without injury to hishealth. ' S]. (1) In the punishment-book prescribed in section12, there shall be recerded in respect cfevery punishment inﬂicted, the pl'iSoner's name, register number and the ciass(whether habitual or net) to which he belongs, the prison—oﬁ'cnce ofth ham guilty, the date on which such prisonoﬁ'ence Was cammitned, the number ofprevious prisoneoﬁenms recorded against the prisoner, and the date of his last prison— oﬁ'ence, the punishment awarded, and the date. of inﬂiction.

(2) In themeofevery aerieus prison deﬂect the m8of the witnesses proving the oﬂenee shall be recorded. {3) Against the entries relating to each punishment the

Jailor and Superintendent shall afﬁx their initials as evidence

of the correctness of the entries. A

52. (I) If any prisoner is guilty of any oﬁmce agaimt prison—diseipline Which, by reason of his haviﬁg frequently committed such oﬁ'ences or otherwise in the opinion of the 'Superintemdem, 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 any Magistrate of the ﬁrst ciass having iurisdlC— tion, together with a statemt'nt ofthe circumstances, and such Maeistrate 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 additian to any term fur which such prieoner Was undergoing imprisonment when he committed such eﬁenoe or may sentence him to- any of the punishments -enumeratcd in seetion 46.

(2} Both-the provisians omitlcd.

53. Omitted.

54. (I) Etery Itiilm or omcet'of a priSon subordinate to him who shall be guilty of any violation of duty or wilful breach m- negIeCt of any rule or regulation orltmfnl order made by competent authority, or who shall withdraw from the duties ofhis ofﬁce without permission, or without having given previous neitce in writing efhia intermien: fer thepetiod oftwa months or whoshen wilfully . ovemay any leaVegranted ' to him, or who shall engage without authority in any employ- .ment other than his prison duty; or who shall be guilty of

'15

Entities in puniSh-

meat book.

Procedure on'com-

mittal of heinous

oﬂ'ences.

Offences of prison

:1; bordinales.

l6 Extramural custo- dy, control and employment of prlSOncr.

Conﬁnement in irons.

ConﬁneBIent of prisuners under sentence of trans- portation in irons. Prisoners not to be ironed by Jailor except under

necessity.

Power to make

tuies.

JAIL MANUAL [PRISONS ACT' cowardiCe, shall be liable on qunViCtion= before a Magistrate, to ﬁne not exceeding two hundred rupees, or to imprisonment for a period not exceeding three months or to both. '(2) Omitted.

CHAPTER. KII—MISCELLANEOUS

55. A Prisoner, when being taken to or from any prison in which he may be lawfully conﬁned, at when- ever he is working outside or is otherwise beyond t he

limits of any such prison in 0!: 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. Whenever the Superintendent considers it rece- ssaty (with referees: either to the state of prison or the Character of the prisoners) for the safe custody of an y

prisoners that they should be conﬁned in irons he may subiects to such rules and isntructions

as may be laid

down by the Inspector General with the

sanction of the

State Government, so cenﬁne them.

57. (1) Prisoners under sentenc e of transpmrtatitm may subiect to any rules made under s ection 59 be conﬁned

in fetters fot the ﬁrst three months after admission to,-

prison. '

(2, Should the Superintendent cor.51der it necessary,

either for the safe custody of the priso ner himself or fol:

any other reason, that fetters shou ld be retained on any-

such prisoner for more than three months, he shall apply

to the Inepecto: General for sanction to their retention

for the oetiod for which he

considers their retention

necessary" and the Inspector Gen eral may sanction such-

retention acco'dingly-

shallbeputin irons or under mec hani-

cal restraint by the Iailo:

of his oWn authority, ex

cept

in case of urgent necessity in whirl} case notice thereof

shall be forthwith given

to the Superintendent.

make rules cousis- -

58. No prisoner,

59. The State Gover nment may

tent with this A ct.—

(1) deﬁning. the a cts which shall constitu te prison..—

oﬂences

(2) determining the c iassxﬁcatton of pxtson- oﬁenoes.

into serious and minu s oﬁence;

* Substituted by Ma dhya Pradesh Act, 12 of 1963.

PRISONS ACT I JAIL MANUAL 17

(3) ﬁxing the punishments admissible under this. Actwhich shall be awardable for commision ofprison oﬁ'ences or classes thereof; (4}declar1'ng the circumstances in which acts constitu-ting both a prison Voﬂ'ence and an offence under the Indian Penal Code (Act 45 of 1860), may or

may not be dealt with as a prismwoﬁ'ence;

{5) for the aWard of marks and the shortening of

Sentences;

(6) regulating the use of arms against any prisoner 0r body'of primers in the case or an outbreak or attempt to escape;

(73 deﬁning the circumstances and regulating the condi- tions under which prisoners in danger of death may be released;

(3) for the classiﬁcation ofprz'sons, and deséription and cms'ruction of Wards, cells and other pieces of tie :2tion;

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

('10)' for the Government of prisons and for the appoint- ment of all oﬂicers appointed under this Act;

(11) as to the fuod, bedding and clothing of criminal pri- soners and of civil prisoners maintained other- wise than at their own cost;

(12) for the employment instruction and control of convicts v. ithin 01' without prisons;

(13) for deﬁning articles the intreducricn or removal of Which into or out ofprisons without due authority is ptohibited;

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

(15) far regulating the disposal of the picceeds 0f theemployment of prisoners; '

(16) for regulating the conﬁnement in fetters of primers sentenced to transportation5_

(l 7) for the classiﬁcarien and the s_eparatiqn 9f ptisoheu;

(18) for regulating the conﬁnement of convicted Criminal grisenersrunde: section 28;