THE PRISONS ACT. 1894
( IX of 1894)
An act to amend the law relating to Prisons
Where as it is expcdicra tu amei;.d the law relating to prisons in India except the territorifS \\>hich immediately before the 1st November, 1956, were comprised in Part B States other than the Ma
!"'..1le'1 for the regulation of such prisons; it is hereby enacted as follo\\>s:-
CHAPTER I-PRELIMINARY
1. (1) This Act may be called the Prisom Act, 1894 (?'I Tt ~vt,.nd<- !(' 1J,p ,-ht)•~ c! !~tl.!~, e.xc=pt the ,-, territories \',hich immediately before the 1st November, 1956 were comprised in Part B States *other than the Madhya Bharat and Sironj
regions of the State of Madhya Pradesh.
(3) It shall come into force on the first day of July, 1894.
(4) Omitted.
2. Repealed by Act I of 1938.
3. In this Acr-
(1) "Prison" means an) jail or place used permanently or temporarily under the general or special orders of ;; State Guve,nwem for the detention of prisoners, and includes all lands and buildings :appurter.ant thereto, but doe!> nN iliclude-
(a) any place for the confinement of prisoners who are exclush ely in the custody of the police;
(b) auy place specially appointed by the State Government under section 541 of the Code of Criminal Procedure, 1882; or
(1..) 1u1y place which has been declared by the State Government by general or special order, to be
a ~ubsidiary jail;
(2) "~ iluinal prisoner'' means ar·y prisoner duly com- m med to custody under rhe writ, warrant or ord~r o_f 3:1Y. Court or authcim· exercising crimi- nal Jur1sd1ctl('n, or by order of a Court-martial· - - -- ,
•1oserted by Madhya Pradesh Act-No. 40 of 1961-:-
(4) By Madhya Pradesh Second b1ension of La\\> Ac!, 1961 (No. 40of 1961). Title, extent and
commei:cc:ncut.
Debniliom. ✓
1
2
AQ:ommodation for prisonen. IIIS1)eCtM• General.
Officcn of
Prilon1.
JAIL MANUAL [ PRISONS ACT
(3) "Convicted criminul prisc~er" m,.~rs ~r-y c~i!"";~~l prisoner under sentence of a Court or Court- 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) "Remisdon system" means the rules for the time being ic force regulating the a~ard of marb to, and the consequent sh0rtenmg of sentences of prisoners in jails;
(6) ''History-ticket'' mean.s the ticket eXhibiti~g such information as is required in respect of each pri- soner by this Act or the rules thereunder;
(7) "Inspector General" means the Inspector General
of Prisons;
(8) "Medical Subordinate" means an Assistart Sur- geon, Apothecary or qualified Hospital Assis- tant; 1>11d
(9) "Prohibited article" mcaris ::n article the introduc- tion or removal of which into or out of a prison is prohibited by any rule und::r this Act. CHAPTER II-MAINTENANCE AND OFFICERS
OF PRISONS
4. The State Government shall provide, for the prisone!~ in the territories under such Government, accommodation JD
prisons constructed and regulated in s11ch manner as to comflY
"'ith the requisitions of this Act in respect of the separatJOll of prisoners.
5. An Inspector-General shall be appointed for the ter_ri- tories 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 1.1nder such Government.
6. For every prison there shall be a Superintendent, a
Medical Officer (who may also be the Superintendent), a
Medical Subordirate, a JaiJor and such orber officers as the
State Government thinks necessary:
PRISONS ACT ] JAIL MANUAL
Provided that the State Government of •M:idhya Pr,,clesh may, declare by order in v.riting that in any prison specified in the order the office of Jailor shall be held by the person appointed to be Superintenclent.
7. Whenever it appears to the Inspector General that the number of prisoners m an}· prison is greater than com'eniently or safely be kept therein, and it is not convenient to transfer the excess number to some other prison,
or \vhenever from the outbreak of epidemic disease v.ithin any prison, or for any other reason, it is desirable to provide for thl" te'ffl_'.''J''~ry sh,-Jte-r imd s~f,,. ('11St0dy nf ~ny rris~n~rs, provision shall be made, by such officer and in such nuu1ner 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. CHAPTER III-DUTIES OF OFFICERS GENERALLY
8. All officers of a prison shall obey the drections of the Sn,r~rintrnd,:nr; 211 Offire""S S!!1'ordi"::.!e to !r..e J:!ilor S.~:!11 perform such duties as may be imposed on them by the Jailor with the :sanction of the Superintendent or be prescribed by .-ult;i. 1.iu
9. No officer of a prison shall sell or ler, nor shall any person in trust for employed by him seJI 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 in- directly with any prisoner.
10. Xo officer of a pri~on shall, nor shall any person in trust for or employed by him have any interest direct or in- direct in any cor..tract 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 of the prison or belong- ing to a prisoner.
Superintendent
11. (1) Subject to the orders of the Inspector General the Superintendent shall manage the prison in all matten 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 .substituted by M. P. Act !-:o. 40 of 1%1.
3
Temporary acco- mmodation sfor prisoners.
Contol and duties of officers of prisons.
Officers not to have busincts dealings with pri~oncrs. Officers not to be ntercstcd in pr i- i•on ccntracts. Superintendent.
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4 JAIL MANUAL [ PRISONS ACT
this Act or any rule thereunder which may be ~iven respecting the prison by the District Magistrate, and shall report to the Inspector General all such orders and the action taken thereon. Records to be kept 12. The Superintendent shall keei;, or cause to be kept, by Superintendent. the following records :-
(1) a register of pr1sone1s admitted;
(2) a book sbov. ing \\ hen each prisoner is to be released;
(3) a punishment book for the entry of the punishments inflicted on J)risoner for !)rison-offrr,ct>~;
(4) a visitor's book for the entry of any observations made by the visitors touchii,g any matters connec- ted \\ith che administration of the prison;
(5) a record of the mcney and other articles taken from nrisoners; :n~d all such other recorctR :is may h,- pr,--;cr it-eel hr mfp~ "",i"'!' •P<'tiC" '-0.
Medical Officer
Duties of Medical 13. Subject to the control of the Superintcrdent, the Officer. Medical Officer shall have charge of the sanitar) adminstratios of the prison and shall perfcnn sJch dutiei, as may be pres- cribed by rules m2de by the State Government urder sec- tion 59.
Medical OfficCTs to 14. Whenever the Medical Officer has rezson t; believe ttp<>rt in certain that the mind of II prir,orirr is, or is likely to be, injuriously cases affected by the discipline or m:at n:cnt to v-hic h be is subjected, the Medical Officer shall report the case in \",riting to the Superintendent, tcgether with such observations as he may
think proper.
This report, with the orders of the Superintendent there-
on shall forth\\ ith be sent to the Inspector Gener::.! for in- formation.
R eport on ceath of 15. On the death of any priso11er, the Medical Officer rriscner. shall forth\\-ith record in a register the following partiLu:as so far as they can be ascertained, namely:-
(!) the day on \\-hich the deceased first complained of
illness er was observed to be ill,
(2) the labour, if any, on which he was cugagec on that day,
(3) the scale of his diet on that day,
(4) the day on which he Mt admitted to hospital,
(5) the day on which the Medical Officer \\-3S fine informed of the illness,
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PIISONa ACT ] JAIL MANUAL
(6) the ~turc of the disease,
(7) when the deceased •as last 1CCD before his death by the Medical Officer or Medical Subordinate,
(8) when the prilODff died, Ind
(9) (in cases where a pest-mortem c:xaminaticL is mtdc) an account of the appear,nccs after death, tog,:ther
"7ith any special remarks that ~ppear to the Medical
Officer to be required.
16. (I) The Jailar shall reside in the prison unle16 the Jailor. Superintendent permits him in writing to reside ebewtiere.
(2) The Jailor shall not, without the Inspector General's sanction in writiDg, be conccn:ed in any other employme11.t.
,
17. Upon the death cf a prisoner, the Jailor shall Jailorto aive .notice · · cd" . . _._ d cf ctathofpn-. gJVe unm 1ate notice thereof to the Supermter.=nt an the Medical Subordinate .
. 18. The Jailor shall be rcs-po~i1;>1e fer the safe c.1.sto~y f.~:n•ibility ot the records to be kept t·.i:.der section 12, for the commit- · ment w2rrants and all other documents confided to bis care, and for the money 2nd other articles taken frcm prisoc.crs . of
19. The Jailor sbalJ not be absnit from the orison for Jailor to be present
• night without permission in v.ritjrg frcm the Supenmecdent; at night. but, if abacnt without leave for a night from unavoidable necessity, be shall immediately report the fact and the cause ofit to the Superintendent.
20. Where a Deputy Jailor or Assistar.t Jzilor is appointed ~en to a prison, he shall subject to the orders of the Superinten- j!1ilon.
dent, be competent to perform any oftbe duties, and be subj- ect to all the responsibilities of a Jailer under chis Act or r.nv rule thereuz:der.
Subordinate Officers
of D:put:, Assittant
21. The officer actiDg u gate-keei;er, or tny 01hcr officer ~tics of pu- of the prison, may examine anytbir.g carried in or out of the i:er. prisoA, &Dd may stop and search or cause to be aurched any person suspected of bringing any prohibited artide into or out of the priaon, or of carrying out any property belorging- to the prison, und, if any aucb article or p1oper1y be fow:d, shall give immediate notice Thereof to the Jailor.
22 Officers subordinate to the Jailor lball not be absent Subotdinateoffic:r
• . not to be abecllt from the pr-.n •itbout leave from the Super,rterdrnt or withcr.1t leave
from the Jailor.
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JAIL MANUAL [ PRISONS ACT
Convict officm. 23. Prisoners ""ho have been appointed as officers of prisons shall be deemed to be public servaDts within the mean- ing of the Indian Penal Code.
CHAPTER IV-ADMISSION, REM.OVAL AND
DISCHARGE OF PRISONERS
P riso~rs to be • 24. Whenever a: prisoner is admitted into prison, he ~ on admi- shall be serached , and all ~ea pons 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 specical orders of the Medical Officer, who shall enter or cause to be entered in a book, to be kept by the Jailor 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 \\'hich the l\J.edical Officer thinks fit to add.
(3) In the case of female prisoners, the search and exami- nation shall be carried out by the matron under the general or special orders of the Medical Officer.
rtr.:cuofprisoners. 25. All money or other articles in respect whereof no order of a competent Court has been made,and ""hich 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 Jailor.
Removal and dis- 26. All prisoners, previously to being removed to charge of prisoner. any other prison, shall be examined by the Medical Officer. Separation
soncrs.
of prio
..
(2) No prisoner shall be removed from one prison to ~other unless the Medical Officer certifies that the prisoner is free from any illne,s rendering him unfit for removal.
(3) No prisoner shall be discharged against his will from prison if labouring under any acute or dangerous distemper, nor until, in the opinion of the Medical Officer, such discharge is safe.
CHAPTER V-DISCIPLINE OF PRISONERS
27. The requisitions of this Act ~ith respect to the separation of prisoners are as follows :-
(1) In a prison containing female as well as male pri- soners, the females shall be imprisoned in se- parate buildings, or ecparate parts of the same building, in such manner as to prevent their
...
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P.lllSONS ACT ] JAIL MANUAL seeing, or conversirg or holdirg any intercourse with. the niale prisoners;
(2) in a !'rison where male prisoners under the age of twenty one are confined, means shall
be pov1ded fot se~a1ating them alto1;etherfrom the other prisoners, and for separating those of them who have arrived at the age of pubeny from those who have not;
(3) unconvicted criminal prisODcrs, shall belcept apart from convicted criminal prisoners; at:d (41 civil prisoners shall be kept apart from criminal prisoners.
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28. Subject to the requirements of the last foregoing Association and section convicted criminal prisonc·rs may be confined ~egreaation of pri- . h soners. cit er in association or intl i\idually in cells or partl} in one way Bnd partly tn the other.
29. N'o cell shall be us:d for solitary confinement Solitary confine- unless it is furnished with the means of enabling the meni. 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 other\\ ise, shall be visited at least once a day by the Medical Officer or Medical Subordinate.
30. Every pri.soner under sentence of death shall, immediateJv on his arrival in tbe prison after rntence
be searched by, or b) c.rder of the Jailer and allarticles shall be taken from him which the Jail or d eenn it dangerous or inexpedient to leave in his possession.
(2) Evei:;, such prisoner shall be confined in a cell apart fi.om all other prisoners and shall be placed h) da;, and by night under the charge of a guard.
CHAPTER VI-FOOD, CLOTHING AND BEDDING
OF CIVIL UN CONVICTED CRIMINAL PRISONERS
31. A civil prisoner or an unco,ivicted criminal prisoner shall be permitted to maintain himself, and to purcha&e, or rec~ive from private sources, at proper hours, food, clothing,. bedding or other necessaries, b •Jt so,b1ect .to examination and to such rules as may be approved by the Inspector-General.
32. 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 rrarsgressirg the provisiOIJs of this sccticp. shall lo~ the privilege of purchasing food or receivi,ng it from private sources, for such time as the Superintendent thinks proper.
Prisoners under
sentence of death.
Maintenance of
certain prisoners
from private SOU·
recs.
Restriction on tra•
nsfer of food and
cloth in& bet weeo
certain prisoners.
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8
SUoPI:, of clothin11 and- beddina to .:ivil and uncoovic- te:I criminal pri• sonen.
JAIL MANUAL [ PRISONS ACT
33. Every civil pris011cr and uncon,ictcd criminal prisoner unable to provide himself •ilh S\Jlicin:t clothing a&d
beddmg.ehall be supplied by the Superinter.dcnt with such
cJodul!c and beddiD& as may be ncceaary.
(2) WMn any civil prisoner has been committed to prison in execution of a decree iD favour of a private person, such person, or his rcpreantati1 e shall, Within forty-, ight hourl' after the receipt by him of a demand in v.-riting pay to the Superintendent the cost of the clothing ar.d bedding so supplied to the prisoner; and in default of such payment the prisoner may be released.
CHAPTER VII-EMPLOYMENT OF PRISONERS
Employment of 34. Civil priaouers may, ~ith the SuperintcJldcnt's per- Civil prisoocrs, mission, work and follo\', any trade or profession.
(2) Civil prisoners finding their o\\-n implements, and not maintained at the expense of the prison, shall be allowed to receive the '\\'hole of their earnings; but the camir&s of such as are furnished with implements or arc maintaii:ed at the expence of the prison shall be subject to a deduction, to be determined by the Superintendent, for the use of imple- ments and the cost of maintenance.
l:mployment of 35. No criminalprisoncrsentcnced to labour,orcmployed crimlaal prisoncn. on labour at his own desire ahall, ~cept on an emergency \\oith the !anction in writing of the SuperiLtcndent, be kept to labour for mere than nine hours in any one day.
8mplo:,ment. Of
~~
aentenced to simple unpriloomenL
(2) The Medical Officer shall from time to time examine the labouring prisoners ,vhile they are employed, ard shall at Ian once in every fortn.igbt caQllC to be recorded upon the history ticht of each priSoncr cmployrd on labour the -..eight of such prisoner at the time.
(3) When the Medical Officer is of opinion that the health
of a.uy prisoner suffers from employment or any kind of class of labour, such prisoner mall not be employed on that labour l,ut shall be placed on such other kir.d or class of labour as
the Medical Officer may consider suited for him.
36. Provision shall be made by the Suprill~c'f:rn~ for~ the empJoylbCnt (aa long aa they so desire) of all cr1m1~l pr1- aonera sentenced to simple impri&omntnt, but no pr110Der not IClltellccd to rigorous impriS0111De11.t lba!l be puniabed for neglect of work ez~ting by auch ahcraticn in the scale of diet as may be established by the rules of the pr i90D in the case of neglect of~ork by such a prisoner.
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PRISONS ACT ] JAI L MANUAL
CHAPTER VIII-HEAL TH OF PRISIONERS
37. The names of prisoners desiring to see the Medical Sick prisonen. 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 Jailor.
(2) The Jailor shall without dela}, cal! the attention of the Medical Subordinate to any prifcx:er dcsir;rg 10 see him or \\-ho is ill, or ,.-hoSe state of mind or body appears to require attention, and shall carry into effect all written dirccticns given b} the Medical Officer or Medical Subordinate respect irg :!Ite- rations of the discipline or treatmrnt of any su
38. All dii'l..ctions giveu by the Medical Ofhccr or Medical Subordinate in relation to any priscncr, \\it}-, the excepticn 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 State Government may by rule direct, and the Jailor shall make an entry in its proper place stating in respect of each direction the fact of its having been or not haying been complied
with, accompanied by such observatic-n, if any, as the Jailor thinks fit to m,kc and the elate of the entry.
Hospital
Record of direc- tions of Me.:!k.11 Officer.
39. In every prison a hospital or proper place for the Hospital. reception of sick prisoners shall be provided. 39-A. The Superintendent may if in bis opinion a prisoner requires specie1l treatment in a hospital outside tl:c priser or in any a!>ylum as defined in the Indian Lunac) Act, 1912 (No. 4 of 1912) send him er cause bun to be sent to such hospital or asylum, subject to the prisonc:r or any rclauve or friend ofrhe prisoner executirg such bond and abic'.ing by such other conditions, if any. as the State Government may prescribe.
(2) The period spent by the prisoner for such treatment in the hospital or asylum or in going thereto or returning there from shall be deemed to be part of the period of his detention in the prison.
Explanation 1.-Nothing contained in this section shall · be deemed to affect the operation of sec-
tion 30 of the Prisoners Act, 1900.
Power of Supcnn-
tcndmt to send a
prisoner to hospital
or asylum for spe-
cial uuunmt.
9
sons 'Act, 1894 (No. 9 of 1894) (hereinafter referred lo as the Principal Act), shall lo the Stale of Madhya Pradesh, be nmcndcd in the 111:11111cr hcrcinaf'lcr provided. cclion 36 or lhc Principal /\cl, lhc following sct·lion shall he in~c11ed, n:1111('ly 'I he p1 isoncrs slwll he paid wages lur lhc e111pluy1m:111 p1 ()ViJcJ ln 1111:111 al such , ale as may be prescribed from lime lo linie. The amount of fifty per cent. .of the total amoun1 of wages earned by the prisoner in a 1110111h shall he kep) and deposited in a separate common fund which shall be exclusively used fur the paymc111 of compcnsalion to the deserving victims or his family of the offence the commission of which entailed the sentence of imprisonment lo the prisoner. The at:counl of lhc fund shall be maintained hy the Supcrintentlcnl of Jail in such for111 and in such manner as may be prescribed. The rate of compcnsa1ion lO be paiJ Lo the victims shall be fixed by a commillee consisting of such persons a~ may be prescribed.".
8 ( I)
Amendment or Ccntrnl Art No. 9 of lll'l4 In It~ np11lka1ion lo the Stnlc of !lladhyn Prudc,h,
Jn-.n tton or nrw
Sccllou .1<,-A. (. ·, ca1lo11 o( furnJ
for compensation.
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•:· Short title. i:J~ ~ ~ ~ "'ll1'l ii ~ dll~'
MADI lY A PRADESH ACT
No. I OF 2000
THE PRISONS (.MADHYA PRADESH AMENDl\'IEl\1 'CT, 1999.
!Received the assent of the Governor on the 29th Dcceml>cr. 1999: O%~nt first puhlishc,1 m
(Exua-or
An Act ru.1·thcr to amend the Prison~ Act, 1894, in its application to thr '-t:i~ Vfaclhya Prndc.~I
Be it enacted by the Madhya Pradesh Legislatu1c in the Fiftieth Year Republic of Ind as follows :-
I, This Act may be called the Prisons (Madhya Pradesh A.cc:O::::x-: :1, 1999.
10 JAIL MANUAL [ PRISONS ACT
(No. 3 of J 900), in cases to ,,hich that section applies.
Explanation 11.-In this section, prisoner merrs a crr- v icted er imin2l pr iscr.u.
l'unishment for
escape or attempt
tO escape from hos-
pital or asylum.
39-B. If any prisoner dealt with under section 39-A escape or attempts to escape from the hospital or asylum to \"vhich he has been sent or when going thereto or returning therefrom, he shall be punished ,·,ith imprisomnert for a term \-;-hich may extend to t\\.O years, or ,·.-ith fin.e or, ,-;-ith both.
(2) Such punishment shaJl be in addition to the punish- ment for \"."hich the prisoner ,-:-l's liable for the offence of ._.,hich he \\as already convicted.
Provisions appli- *39-C. The orovisions of Chaotcr XLII of the Code cable to bonds ref- • •
ferrcd to in se:tion of Criminal Procedure, 1898 (No. V of 1898), sh::Jl, so far 39-A. as may be apply to the bo:ids referred to in section 39-A. Visits to Civil and
unconvicted' crimi-
nal prioncrs:
Search of visitors.
Penalty for intro-
duction or removal
of prohibited ani-
<:les into or from
prison and co:nmu-
nication with pri-
.$0nen.
CHAPTER IX-VISITS TO PRISONERS
40. Due provisicn shall be made for the admissicn, at proper times and under proper restricti<'ns in10 every prison of oersor s With v.hom civil er t:nconvicted er imird nrisoctrs ma)' desire to communicate, care being take!' tbn so far as may be consi~tent with the interests ofiustice, rrisorers under trial may see .heir duly qualified legal advisers v. ithcut the presence of any other person.
41. The Jailor may demard rhe name and addres~ of any visitor to a prisoner and when the Jailor has ani ground for suspicion may search any visitor or cause him to be searched, but the search shall not be made in the !)reserce of any prisoner or of another visitor.
(2) In case of an:: such visitor refusing to permit h:n:self to be searched, the Jailor may deny him admissior.; an.d the grounds of such proceeding v,ith the particulas 1hrec,f, shll be entered in such record as the State Government may direct. CHAPTERX.--OFFENCE~ IN RELATION TO PRISONS
42. Whoever, contrary tc any rule under section 59 in- troduces or removes or attem})ts by any merns \\batever to introduce or remove into or from any prison or supplies or attempts to supply to any prisoner outside the ! imits of a prison, any prchibiac article.
and every officer of a prirnn who contrary to any such knov.ingly suffers any such articles to be intrcduced in to or
• Inserted by Ma1Lys Pndes'.1 Act No. 40 of JQ,L
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r.
PRISONS ACT ] JAIL MANUAL
removed from any prison, to be possessed by any prisoner, or to be supplied to any :-,risoncr n11t$icl.t' tbt> I irn irs of l' pri6on. and whoever, contrary to any such rule communicates or attempts to communic&te ~irh ~ny prisoner,
and whoever abets any offence made punishable by this secticn.
Shall, on conviction before a Magis1ri;1c, be liable to im- rrisonment for a term nor exceeding six rncnrhs, or to fine not exceeding t"°o hu11drcd rupees, or to both.
43. When any person, in tJ,c 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 bis name and residence or gives a name or rcsidc11cc ~hich such officer kno\l s, or ha, reason to belic,·c, to be false, such officer ~ay arrest him, and shall, Without unncccss::ry delay mi>.kc
htm over to a police officer, 2nd thereupon ,uch police officer shall proceed as if the cffence I.ad been committed in this presence.
JI
Power to arrest for ofl'enc~ under sco-
tion 42.
"44. The: Suuerintcrdelll sh:;11 u.t.•c to be affo,td in a Publi,atior con;pic:.iou, place outside the pl ,son a m:.ticc i11 English i.nd penalties. anJ Hindi ir Devr:agari s~ript ~ttirg fo11h 11-e acts prcnibited u~der seci<'.1 4? and !he penalties incurred 1'y their coll"mi- S'>1on.
,CHAPTER XI-PRISON OFFENCES
45. The folio\~ ing acts are declared to be prison offences \7hen C()mmitted by a prisc-ncr:-
( 1) such wilful disobcdienc.:e to any regulation of the
prison as shall ha\ c been declared by rules made
und'~r section 59 to be a prison ~ffencc; ~2) a:iy assault or use of er iminal force;
(3) the u~c of insulting or threateniJ:g Iaaguagc;
(4) immoral er indecent or dis.>rdcrly bebavio\;r;
(5) Wilfolly disabling himself from labour ;
(6) contumaciously refusirg to work;
(7) fili:ig, cuning_ altering or removing handcuffs, fetters or bars \;"irhout due authority;
(t) wilful idleness or negligence at w0rk by any prisoner sentenced to rigorous imprisonmu:t;
• SuhstitutcJ 1-y MaJh~a l'raJesh .\ct -10 of 1%1.
14
PRISONS ACT ] JAIL MANUAL
(8) aepamtc confinement or any pt:Tir.d nor ,-,rcttdiPg three months;
Bxplanatwn.-5cparalc confinement means such con- finement with or •ithout labour as sech .. des a
prilOner from communication with, but not from sight of other prisoners, and allo\\-s him not Jess than one hour's exercise J)(r diam and to have his mcels in association with one or more other prisoners;
(9) Penal diet.-that is, 11:sLri<:.Lil'l1 <;f d:et in such man- ner and subject to such conditions regarding labour as may be prescribed by the St:ite Govern- ment;
Provided that such restr :cticn of diet shall :n no case be itpplkd to a p1iso!Jc:l fu1 mort: :h::n ni1.:.t:ty-six con- secutive hours and shall not be rept.atecd except for a fresh offence nor until after an interval of one
v.eek;
(10) cellular confinement for any peri~ not excecdiog fourteen day,;;
Provided that lifter each peric.d of cellular confir.ur.rnt an interval of not less duration than such pericd must ekpse before the prisoner is again sentenced to cellular or solitary confinement;
E..:planarion.-Cellufar confinement mums such confine- ment with or \\oithout Jabour .. s entire]) scch:dcs a prisoner from communication with, but not from sight of, other prisoners.
(11) Penal diet as defined in cluase (9) combined \\oith cellular confinement.
*(12) Omitted.
Provided thatnothir,gin this section shall render any female or civil prisoner liable to the imposi tier. cf any form ofb:ind-
cu11's or fetters.
47. [I] Any two of the punishments enumerated in the last foregoing section lll2Y be awarded for any such offence in combination, sub1ect to the follov.-ing e:i.c
(1) formal wamir,g shall not be combined \\-ith any other punishment except Joss of privilfges ur:der clause (4) of that section;
(2) penal diet shall not be combined with change of labour under clause (2) of that section, nor shall
• Omincd by Madhya PraJ.-,h Act, 40 , f 1961.
13
Plurality of pwmb-
mentunder secdDll
46.
16
14
Award of punisb- mau under section '16 and 47.
Punishment to be in accordance with foregoing sections. Medical Officers to certify to fitness of
priaoncr for punisb- mau.
JAIL MANUAL [ PRISONS ACT
any additional pcrmd of~nal d~t a\\-:irded sir,gly be combined with any period of penal diet a\\arded in combination with ceIJuJ,r confinem(nt;
(3) cellular ccnfinem~t shall not be combined \\ith separate confinement, so as to prolong the total period of seclusion to which the priscner shall be liable;
*(4) Omitted.
(5) no punwunent will be combined with any other punishment in contravention of rules made by the State Go\'CJ'nmcnt;
[2] No punishment shall be awarded for any such offence so as to combine, with the punishment awarded for any other such ofi'cncc, two of the punishments Which may not be
a,..ardcd in combination for any such offence.
48. (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 Y.hatever.
49. Except by order ofa Court of Justice, no punishment other than the punishments specified in the forcioing sections shall be inflicted on any prisoner, and no punishment _shall
be in.Oictcd on any prisoner otherwise tbaa i.D accoroance with the prov is ions of those sections.
••so. (1) No punishmrnt of penal diet, e1th~r singly or
in combinati(Ja, or of change of labour wider sect.iGD 46, ~use
(2) shall be ezecuted until the prisoaer to whom sadi pan1_1b- mcnt has been awarded has been examined b:, the Mahcal Officer, who, if he considers the prisoner fit to undergo ~e punishment, shall certify accordingly io rJ,e appropriate column of the punishment book prc9Cfibnl in KCtd 12.
(2) If he considers the prisoner unit t~ ~;o t~e punishment, be shall in like a , ~ecsd rus oplllloD m wr itting and shall state \\-hctba lbc prisonu ii ab!lolutely ~t for punishment of th£ kind a~ed, or whether he considers any modification necessary.
• Omiued by Ma.illya lradesh Scalnd Extention of Laws Act, 1951. .. Substituted by Madhya Pradesh Acr, No. 40 of 1961.
PllSONS ACT) JAIL MANUAL
(3) In the latter case he sh,'11 sta~ ~J,:ir c:,.:tent of p..mish-
mau he thinks the prisoner can undergo Without in1ury to his health.
51. (1) In the punishment-book prescribed in section 12, there shall be recorded in respect cf every punishment inflicted, the p1isoner's name, register number and the class (Whether habitual or not) to Which he belongs, the prison- ofi"cnce of which hcWaa guilty, the date on which such prison ofi"encc was committed, the number of previous prison-offences
recorded againtt the !Jrisoner, and the date of his lau priam- ofi"encc, the puni•h~nt awarded, aDd the date of infliction.
(2) Io the case of every ,crious prillOtl off'encc, the names
of the witnesses proving the otlence 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 C'!'!trits.
52. (1) If any prisoner is guilt) of any offfllce against
prison-discipline Which, by rc88()D of his having frcquen1ly committed such offences or otherwise m the opinion of the Superintendent, is not adequately punishable by the infliction of any punishment v..hich he has power WJdcr this Act to award, the Superintendent may forv.ard such prisoner to the Court of any M'lgistrate of the first class having jurisdic- tion, together with a statem,nt of the circumi.1anas, and such Ma~istrate shall thereupon inquire into and try the charge
so brought against the prisoner, and, upon conviction, may 9CDtence him to imprisonment which ffl8) extend to one year,
such term to be in addition to an} term for v.hich 1uch prisoner was undergoing imrrisonmcm when he committed such
offence or may Kntence him to any of the punishments enumerated in section 46.
(2) Both the provisions omimd.
53. Omitted.
15
Entries in puoisb- mcnr book.
Procedure on com• mittal of heinous oP.t"nces.
54. (1) Every Jailer or officer of a prison subordinate to Offcnc~ ofpruoa him who !>ball he guilty of any violation of doty or wilful !tbordinatcs. breach or neglect of any rule or re,r:ul&tion or 1a ... ru1 order made by competent authority, or who shell Widldraw from the duties of his office Without permission, or without having given previous noitce in writing of his intemi<'n: for w period oftw;,monthson,hosball wilfully oventa) any lcavegranted to him, or who shall engage "'ithout authority in any employ- ment other than bis prison duty, or v.bo shall be guilty of
18
Extramural custo- dy, control and employment of prisoner.
Confinement an irons.
Confinement of prisoners under sentence of trans- portation in irons.
Pr 1soners not 10 be ironed by Ja ilor except 11I1der necessity.
Power to make rules.
JAIL MANUAL [ PlllSONS ACT cowardice, shall~ liable on conviction; hcfor,. a Maii~tt'lltc,
to fine not exccediD-g two hundred rupees, or to impiisonmcnt for a period not exceeding three months or to both. *(2) Omitted.
CHAPTER XIJ-MJSCBLLANEOUS
55. A prisoner, ~hen being taken to or from any prison in which he ma} be l~fully confined, 0 1 ""hen- ever he is ¼Crking outside or is other~ise beyond the limits of any such prison in or under the lawful custody or contro,l of a prison offic~r belonging to such prison, shall
be deemed to be in prison and shall be subject to all the same inciti.ents as if he were actually in prison.
56. Whenever the Superintenti.cnt considers it r ece- ssarr (wit.li ::;:fe:::~c: either to the state of prison or the character of the prisoners) for the safe cunod; of any prisoners that they should be confined in irons he maJ subjects to such rules and isntructions as may be laid down l:>} the Inspector General with the sanction of thc State Government, so confine them.
57. (1) Prisoners 1.~nder sentence of transponation mr.y subiect to any rules made under section 59 be confined in fetters for the first three months after admission to prison.
(2, Should the Superinterdent cor.sicer it necessary, either for the safe custody of the prisotier himself or for any other reason, that fetters should be retained on any such prisoner for more than three months, be shall appl:, to the Inspector General for sanctiOlJ to tl",cir l"Ctcr,tion for the oeriod for \'Y:1 ich he considers their retention necessary and the Inspector General ma} sanction n:.ch retention accoYdingly.
58. No orisoner, shall be put in irons or under mechari- cal restrai~t by the Jailor of his own autbori~y, except in case of U"gent necessity in whic~ case nonce thereof shall be forthwith given to the Superintendent. 59_ The State Goveroment may make rules consis- tent with this Act-
(l) defining the acts which shall cc,nstitute priS()n- oflen:::es
(2) determinint- the dass1ficauon of pusor,-ofiences into c;::ric,us arc. minor offence;
• Substituted by Madhya Pradesh Act, 11 of 1968.
19
PRISONS ACT 1 JAIL MANUAL
(3) fixing the punishments ,dmiss1bk under this Aa which shall be awardable for commision of prison offences or classes thereof; ( 4) declaring the circumstances in which acts constitu- ting both a prison offence and an offence under the Indian Penal Code (Act 45 of 1860), may or may not be dealt with as a prison-offence;
(5) for the a~ard of marks i;nd the shortening of sentences;
(6) regulaticg the use of arms against any prisoner or body of prisoners in the c,se or an outbreak or attempt to escape;
(7) defining the circumst2nc,s and reguh11.iLg the condi- tions under which prisoners in danger of death
may be releas..d;
(8) for the classifi::ztic•n of prisoc.s, ard description and
C"'l::J.S ructior: c,f wa1ds, ,ells ar d oth, r p:ares of de ~=-tion;
(9) for che regulation by numbers, lec.g1b or character of s.:nt.:nccs or otherwise of the prisoners to be
confined in each class of prisons;
(IO) for the Government of prisons and for the :ippoint- ment of all officers appointed ur.der this Act;
(11) as to the food, bedding and clothiLg of criminal pri- soners and c,f civil prisoners maintair:c:d other- v.. ise than at their own ccst;
(12) for the employment instruction ac.d cc-ntrol of convicts\". ithin or without priscr.f;
(13) for defining articles the intrcducticn er rcmovr.1 of \7hich into or out of prisons without due authority is prohibited;
(14) for classifying and prcscr:birg tre forms cf labour and regulatir:g the periods of rest fiom lrbour:
(15) for regulating the disposal of the pro:-eeds of the employment of prisoners;
(I 6) for regulating the confinement in fetters of prisoners
sentenced to transportation;
(17) for the classification and the separation of prisoners; (1S) for :·e~ulating the confinement of convicted crimioal
prisoners under section 28;
17
18
Power of Local Govenmxnt to make rules. Exlubition of co- pies of rules. Eller cisc of ;,owcrs of Superintendent allti Medical Officu. JAIL MANUAL [ Pk.11,0NS ACT
(19) for the pteparatioo &lid mai.nte11ancc of history tickets;
(20) for the selection and appointm(nt of priscnc.rs as officers of prisons;
(21) for rewards for gocd conduct; · (22) for regulating the transfer of priscl!Cn wbcse terms of transportation or imprisonment is about t\J
expire, subject, hov,.cver, to the c0119ent of the State Government of any other state to which the prisoner is to be transfernd;
(23) for the treatment, transfer and disposal of criminal lunatics or recovered criminal lunatics confined in prisons;
(24) for regulating the tnm.smissicfl of appesls rrd peti- tioDs from prisoners and their communicaticns \",ith their friends;
(25) for the appointment and guidance of visitors of prisons;
(26) for extending an} or all of the provisions of this Act and of the rules thereunder to Subsidiary Jails or special places of confinement appointt:d under section 541 of the Code of Criminal Procedure, 1882, and to the officers emplcyed, and the pri- soners confined, therein;
(27) in regard to the admission, custody, employment, dieting, treatment and release of prisoners; and
(28) generally for cairyi.ng to diect the purposes of this Act.
*60. Omitted.
t61. Copies of rules, under section 59 so far as they affect the Government of prisons, shall be exhibited, both in EI'g!ish andinHindiinDevnagri script in somcconspicuo&J.Splaceand to which all persons employed wilhin a prillOD have access.
62. All or any of the powers and duties confemd and imposed by this Act on a Superintendent or Medical Officer
.., ..
l'RlSQNS ACT] JAIL MANUAL
THE SCHEDUU
B•act,ne,w r,p,akd (Repealed by the Repealin., Act, I of 1938), 2 and Sch . ·19
22