EXTH#.OFiD!N!':;HY PU8LISH1:':D BY ,o..UTHOBnTV No, '16/LO/2007
GOVEFll\lMENT OF :;IKKIM LAW DEPll.RTMENT
[)ate: 16.'10,2007'
NOTIFIC/\TION
The 10110'l"lngAct of the Sikkirn Legislative Assembly having received the assent of the Governor 011 19111
clay September, 2007 is hereby published for general inforrnatiorr- H'IE SlI'O<:lMPRISONS ACT, 2007
Ukt No. 'jf) of 2007)
i~N
t\CT
to provide for a law regulating the prisons in Sikl~inl. 8$ it enacted by the Legislature of Slkkim in the Fifty-eig~ltil Year of the Reput11ic of India as foliows: - Ci'll~PTEFI i
Stiort. title, t.
E:xtent and
commencement
Definilions.
(1) This Act may be called tile Sikkim Prisons Act, 2007
(2) It extends to the whole of Sikkirn:
(3) It shall come into terce on such date as the State Government may, by notification, in the official gazette appoint.
2, In this ACi, unless the context otherwise requires: -
(a) "civil prisoner" means any prisoner who is not a criminal prisoner;
(b) "Competent authority" means any officer having jurisdiction and legal authority to deal with 8. particular matter in question;
(c) "convicted criminal prisoner" means any criminal prisoner under sentence of court or court-martial, and includes ct person detained in prison under 11-18 provision of Code of Criminal Procedure, 'j 973;
(d) "Califf' includes any officer lawfully exercisinq civil, crimina! or revenue jurisdiction;
(e) "criminal prisoner" means any prisoner duly committed to custody under the writ, warrant or order 0"; any court or authority exercising crimina] jurisdiction. or by order of a court-martial;
(f) "Central Jail" means any prison in which criminal convicted prisoners are received, for the purpose of undelgoing their sentences, by transfer from any other jail and in which such prisoners are not, when committed to prison, in the first instance ordinarily received;
(g) "Deputy Inspector General or Sr. Superintencient of Prisons" (hereaner reterrec as DIG I SI',S,P,) means the Head of the Prison, whoever is appointed by the Government;
1
(h) "district jail" means any prison to which prisoners trorn one or more district are in tile first instance, ordinarily committed and includes every jail other than a Central Jail Of a special Jail;
(i) "detenu" means any person ordered (0 be detained and committed to a place of detention in the State lJ)1 any authority actinq in exercise of the powers conferred by such Act in the State:
(j) "habitual oltendcrs" means a person .- WIIO during any continuous period of five years whether before or after the commencement of the Act, has been convicted and sentenced to imprisonment more than twice on account of the flillovvin£j offences: -
(i) Offence mentioned in Chapter XII of the IPC, 1860 (Act. 45 of 'ISoO)
(ii) Offence punishable under the followin~J section 0'[ the IPC (Act, 45 of 1860) Uh379,380, 381,382,384,385, 386,387,392,393,394, 395 ,
396,397,398,399,400,402,406,407,409,411,412,413,414,416,
L!'17, L120, 421, 423, 436, 468 and 498 (1-\).
(k) "history-ticket" means ticket exhibitin~J such information as is required in respect of each prisoner by this i~ct or the rules made there under;
(I) "imprisonment" may be of two descriptions - (a) rigorous i.e. with hard labour and (b) simple without hard labour;
(rn) "Inmates" means any person kept in an institution;
(n) "institution" means a place where offenders are kept;
(0) "Government" means the State Government of Sikkim;
(p) "Jail Manual" means the manual for the Superintendence and rnanaqernent of Jail in H18 State of Sikkirn:
(q) "Medical Officer" means a doctor designated as such and appointed under this Act;
"offender" means a person who is accused of having committed an offence punishable under tile law:
(s) "offence" means any act or omission made nurushabte by any law for the time beinq in force and shall also mean any act or omission contrary to the provisions of law, which has been made punishable;
"proh'bited article" means an article which cannot be introducecl or removed into or out of prison under this Act and rules framed thereunder;
(u) "place of detention" means a Jailor ether place in the State in which a detenu is ordered to be detained;
(1/) "prison" means any jailor place used permanently or temporarily under the general or special order of State Government for the detention of prisoners and includes al! lands and buildings appurtenant thereto but does not include-
(a) any place [01' the confinement of the prisoner who ar(2 exclusively in the custody of trlG police:
(b) any place specially declared by the State Governrnent under section 417 of the Code of Criminal Procedure, 1973 or .
(c) any place, which has been declared by the State Government by genera! or special order, to be a subsidiary jail.
(w) "remission" means the rule for U"18time being in force regulating the award of rnarks to and tile consequent shortening of the sentences of Prisoners in Jail:
(x) "rules" means a rule framed under this Act;
(y) "Special Jail" means any prison provided for the confinement of a particular class 01' classes of Prisoners and classified as ::;peciai ,Jai! by the Government;
(t)
2
Accommodation 3, for prisoners. Deputy Inspector 4, General or Sr. S IJ pe ri ntende n t of Prisons,
Officers
Prisons.
(z) "Superintendent" means the Superintendent of the Prisons as may be appointed by the State Government on deputation from Police Department. (aa) "Under Trial Prisoners" means a person who has been committed to prison custody with pending mvesnqanon or trial by a competent authority; CHAPTER i!
M,-ClINTENANCE Ar\!O OFFICERS OF PRISON
The State Government shall provide, for the prisoners in its territory, accommodation in prisons constructed and regulated in such manner as to comply with Hie requisitions of this Act in respect of the separation of prisoners or may set up such other prisons at such place as it may consider expedient and may in cases set up temporary or special prison, The State Government shall appoint Deputy Inspector General or Sr. Superintendent of Prisons as a head of tile Prison to exercise, subject to the orders of the State Government, the general control and superintendence of all prisons in the State, of 5, For every prison them shall be a Superintendent, a Medical Officer, a Jailer and such other officers as may be appointed by the Government from time to time T e In P 0 r a r y 6,
accommodation
for prisoners.
Contr,.ol and 7,
duties of prison
officers,
Officer not to 8,
have business
dealings with
prisoners,
Oft1iGers not to l10 9,
interested in
prison contracts.
Duties or 10, (1)
Superintendent.
The State Government shall make provision tor the shelter and sate custody in temporary prisons of as many prisoners as it deems fit, who cannot be conveniently or safety kept in the existinq Prisons,
CHAPTER III
DUTIES OF OFFICEF~S GENEF1Al
(I) The Deputy Inspector General or Sr. Superintendent of Prisons shall carry out all the instruction and direction of the State Government as may be issued from time to time and all officer subordinate to him shall perform all such duties as may be imposed on them, No officer or stafi of prison shall do or commit any acts of omission or commission that will give undue and illegal benefit to a prisoner and also to the officer or staff,
(2) All officers of a prison shall ObF3Y the directions of the Deputy inspector General or Sr. Superintendent of Prisons; all officers subordinate to the Jailer shall perform such duties as may be imposed on them by the Jailer with tile sanction of the Superintendent.
1\10 officers of a prison shall sell or let an)' person employed by him sell 01'derive any benefit from sellinq or lettin~J, any article to any prisoner or have any money or other business cJealings, directtv 01' indirectly, with any prisoner. No officers of a prison shall, nor any person employed by him, have any interest, direct or indirect, in any contract, for the supply of tile prison; nor shall ho derive any benefit, directly or indirectly, from the sale or purchase of any article 011behalf of the prison or belonging to a prisoner,
SUPERINTENDENT
(2)
Subject to the orders of the Depuiy Inspector General / Sr. Superintendent of Prisons, the Sup81"intendent shall mall ago the prison in all matters reiating to discipline, labour, expenditure, punishment and contro..
Subject to such general or special directions as may be given by the State Government, the Superintendent of a prison shall obey all orders not inconsistent
3
f-iecords to be 11. kept by
Superintendent with this Act or any rule and shall report to the Deputy Inspector General/Sr. Superintendent of Prisons all SUCII orders and the action taken there on. The Superintendent shall keep, or cause to be kept, the following records:
(i) a register of prisoners admitted;
(ii) a book showinq when each prisoner is to be released:
(iii) a punishment book for tile entry of the punishments inflicted on prisoners for a prison offences:
(iv) a visitor's book tor the entry of any observation made by the visitors touching any matters connected with tile administration of the prison:
(v) a record of the money and other articles taken from prisoners and all such other records as may be prescnbeo by rules.
MEDICAL OFFICER
lViedic;aIOfficer's 1~~. Subject to the control of the Superintendent, the Medical Officer shall have charge of the Duties, sanitary administration of the prison and shall perform such duties 3S may be directed by the Superintendent or as may be prescribed by rules.
lViedicai Offb::I' to '13
report in certain
cases.
Fieport on death 14. of prisoner.
.Jaiter and his re-15 sponsibtlitles. Jailer to givQ 16. notice of death of prisoner.
Whenever the lViedical Officer has reason to believe that the mind of a prisoner is, or is likely to be, injuriously affected by the discipline or ireatment to which he is subjectecl, the lViedical Officer shall report tile case in writing to the Superintendent, toqether witil such observations as he may think proper. This report, with the orders of the Superintendent thereon, shall forthwith be sent to the Deputy lnspector General or Sr. Superintendent of Prisons for information.
On triP death of any prisoner, the Meclical Otticer shall torthwith record in a register the following particulars, so far as they can hE~ ascertained. namely: -
(i) tl18 (jay on which the deceased first complained of illness or was observed 10 t:Jeill;
(ii) tile day 011which he was admitted to hospital:
(iii) \lie day on which tt.e Medical Officer was informed of the illness;
(iv) the nature of the disease;
(II) when tilG deceased was last S08n before his death by the MeLiical Officer;
(vi) when the prisoner died, and
(vii) in case where a post mortem examination is made on account of the appearances after death, together with any special remarks that appear to !t'18Medical Otficer to be required.
JAILE!~S s SUBORDINATE OFFICEF1S
The Jailer shall reside in the prison unless the Superintendent permits hirn in writing to reside elsewhere. The Jailer shall not leave the prison for a niqht without the permission in ",,,riling from the Superintencient, but ·if he has unavoidable circumstances 10 leave the prison for a niqht, he shall take permission trorn the Superintendent. The J<:,iIEd'Sri,}!! directly ne responsible for me safe custody of trie records: commitment warrants and ail other documents entrusted to him including money and other articles taken from p:i~;c-nE;·rs. Upon the death of a prisoner, tt1G Jauer shall give imrnediate information tnereot [0 tho Superintendent and Medical Officer and to the District Magistrate, The District Magistrate on receipt of such lntorrnation shall nolo inquest or cause to hold inquest and if on preliminary inquest has raised suspicion ot some foul play, a videographed post mortem examination shall be conducted. The information of such death shall 1)8 communicated to the National Human Rights Commission within twenty-four hours. Trle Jailer shall collect the relevant documents from the District Magistrate and shall submit to the prison authority without delay.
4-
4
Duties of Sub- 17, Subject to tile orders of tile Superintendent, the Sub-Jailer/Assistant Sub-Jailer shall .Iailer / Assistant be competent to perform any duties of a Jailer under this Act or rules made there under, Sub·,Jailer,
The officer actinq as gate-keeper, or any other officer of the prison, may examine anything carried in 01' out of the prison, and may stop and search or cause to be searched any person suspected of tlrin9ing any prohibited article into or out of the prison, or carrying out any property t)e!oll~Jing to the prison. and, if any SUCllarticle or property is found, shall immediately brin~Jit to the notice of tile .Iailer or any superior Olticer present in the Prison.
Duties of Gate 18,
Keeper.
Sub 0 r dill ate 19,
officers not to be
absent without
leave.
Officers subordinate to the Jailer shall not bo absent from Ihe prison without leave from the Superintendent 01' trorn lhe .Iailer.
Prisoners 20, Prisoners who have been appointed as ln-charce of the Barracks or cells shall be deemed appointed as In - to be public servant within the meaning of section 21 of the Indian Penal Code. i860 (45 of c h ar o e of 1860),
8arr3cks rind
cells to be public servants,
(3)
CHAPTER IV
ADMISSiON, REMOVAL 1\1\!DDISCHARGE OF PRISONERS vvhenever a orisoner is admitted into prison. he shall be searched, and all weapons and prohibited articles Sh811be taken from him,
Every criminal prisoner shall also, as soon as possible after admission.be examined uncle, the gerH~I'8101- special orders 01 the IVledic:alOffice I', who shall enler or cause 10 be entered in a book. to be kept by tho .Jailer, a record of the stole of prisoner's health, and of any wounds 01' marks on his person, the class of labour he is fit for if sentenced to riqorous imprisonment, and any observation which tile) IVieclical(Ji'!ic()r think:; fit to acid,
In the case of female prisoners the search and examination shall be carried out by the Female .JailWarder and in absence of Female Jail Wal'cler any female on the special orders of tile Officer' Oil Duty,
['40prisoners shall Lieadmitted or releasee! between sunset and sunrise except those prisoners who have been taken to courts,
Prisoners to be 21, (1)
exarnine d on
admission. (2)
Effects 0'1
prisoners.
f~emoval and
discharqe of
prisoners. ~~epat'ation 01 prisoners.
(4)
22, All money or other anicles ill 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 lise, shall be placed in the custocJy 01 the Jailer, 23, (1) /)111prisoners. prior to removal to any other prison, Sfl",11be examined by tile Medical Officer,
(2) [\)0 prisonershall be removed from one prison to anotherunless the Medica! Office!' certifies that the prisoner is fr88 trorn any illn(?ss renderillrJ him unlit fur removal, CI1APTHl \f
DISCIPUf\IE OF PRISONEF1
24 The requisition of this Act with respect to the separation of prisoners are as follows: -
(i) in a prison containing female as well as male prisoner, the females shall be imprisoned in separate buildinQ. 01' separate parts of the same building, ill such manner as to prevent their seeing, or conversing 01' holding any intercourse with, the male prisoner:
(ii) in a prison where male prisoners under tlie age of eiqhteen are confined, shall be
5
separated from other prisoners and those who have already arrived at the age ot puberty shall also be separated from those who have not attained puberty.
(iii) un-convicted Cl'inlinal prisoners shall be kept apart trorn convicted criminal prisoners; ancl
(iv) civil prisoners S[13111)13kept apart from criminal prisoners. I\S(~Oci3ti0i1 and 25, Subject to the requirement of \tIe fOf'egoing section, convicted criminal prisoners lTIai! segregation of be contineo eitner in the association Oi' individually in cells or partly in one way 8nc! partly prisoners. ill the other,
~301it·1.\"Y
r.:oi'!fi' ~e:n\r:;nt. 26 hio cell shall be used for solitary confinement unless it is furnished with lrle means of (Jilabling the prisoner to ccrnmunicat« at 8.I'IY time with an officer of the prison, and every prisoner so confined in a cell fOl' more Ulan twenty tour hours, whether as a punishment or otherwise, shall be visited at least once 2 day by a Meclical Officer, Prisoners under 27 (1)
sentence of
death.
IViL1intenaiice or 28
certain prisoners
irom pr l v a te
sources.
(2)
Every prisoner under sentence of death shall immediately 011his arrival in the prison be searched by, or by order of, tile Jailer and all articles shall be taken from him, which the Jailer deems it dangerous 01' inexpecient to leave in his possession, Every such prisoner shall be confined in a cell away from all other prisoners, and shall be placed under the charge of a guard by day and by night.
CHAPTER VI
FOOD, CLOT~-i!NG ,Cl,NO SEDD!f\IG FOR CIVIL I~NO UNCOI\lVICTI::D CRlrJHNAL. PRISONEri A civil prisoner or an un-convicted criminal prisoner shall be permitted to maintain hirnselt, and to purchase, or receive from private SOurCE!S at proper hours, 100c1, clolt'ling, beddinq or other necessaries, but subject to examination and such other rules as may be prescr:t.l~cj by the Deputy lnspector General / Sr. Superintendent of Prisons. However in case of convicted criminal prisoners thu prison authorities Sl1811provide adequate ciotl,ir,g incIUtj![1~J uniforms and tJflcidill~1~;prescribed under this act or rule framed thereunder. r~esir~Gtionon
transfer of 'i'ood and clothing
between certain prisoners.
29 No part oj 3I'iY toed, clothing, bedc:in~) or other necessaries b()lorr~ing to an)' ci\!iI or unconvictoc criminal prisoner shall be hired, or sale! to any other prisoner; and any priS0l181 transgressing the provisions of this section shall lose the privileqe of purchasrnc iood or receiving it from private sources, for such tirno as the Superintendent consider appropriate. Supply of 30, (1)
clothing and
bedding to civil
and unconvlctad (2)
criminal
prisoner, -
Every civil prisoner and un-convicted criminal prisoner unable to provide himself with sufficient clothing anc! bedding shall be supplied by the Superintendent with suchclothinq and bedding as may be necessary.
When any civil prisoner has been committed to prison in execution of a decree in favour of a private person, SUCll person, or [lis representatives, snau, witrun Iorty .. eighthour~:; after the receipt by nirn of demand ill writing, pay to the Supl::'-l'intE:r!dent the cost Gf the clothinq and bedding so supplied to the prisoner; and in detault 01 such payment tile prisoner may be released,
CHAPTEI~( V!!
[-:!\J1PLOYMENT OF PF~ISONEF~::~
Employment of 31. No Civil ami under-trial prisoners shall be employed on labour but those c!esirillQ to work civil and under- may be employed wi1l1 tne permission 01 the Superintendent. trial prisoners.
6
Employment of 32. (1) No criminal prisoners sentenced to rigorous imprisonment at his own desire shall, criminal except on 311 emergency with the sanction in writing of the Superintendent, be kept prisoners. to labour for more than nine hours in a day.
(2) The Medical OffbH from lillie to time examine the laboring prisoners while they are ernployart, and shall at least once in every Iortnlqht cause to be recorded in the history-tickets the weight of such prisoner employeel on labour.
(3) When the Medical Otficer is of tho opinion that the health of the prisoner does noi allow him / her for employment of any kind or class of labour, such prisoner shall not be employed on that labour- but shall be placed on SUCll other kino or class of labour as the Medical Officer m8Y consider suitable for him.
Employment of 33. The Superintendent. mall employ all criminal prisoners sentenced to simple imprisonment crimina! Oil labour work but not as punishment for negligent work.
prisoners
sentenced to
simple
imprisonment.
CHf.\PTER VII!
HEALTH OF PRiSONEr~s
Medical Care Unit 34. In every prison them shall be a Medical Care Unit or a proper place tor reception of sick prisoners.
Sic!~ PI·i,soners.
Record of
directions of
fl/iedicalOfficer.
\i is its to clvi I
and under-tria! I
convicted.
prisoners.
35, (1) The names of prisoners desirlnu to see Meclical Officer or appoarinq out oi health in minr: or body shall, without cielay, be reported by tile officer in immeciate cnarqe of such prisoners to the Jailer.
(2) The Jailer shall, without delay, ca!1 the attention of the Medical Officer to any prisoners desiring to see him, or who is ill or whose state of mind O!' body appears to require attention and shall carry into effect all written directions r)iven by the Medical Officer respecting alteration of the discipline or' treatment of any such prisoner.
36. All directions given by the Medical Officer 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 [lis superintendence, shall be entered clay bv day into the prisoner's history-ticket or in SUCll other records as the Government may, by rule direct, and the .Jailer shall make an entry in its proper place stating in respect of each direction tile tact of its havinp been or not having complied with, accompanied by such observations, as the Jailer thinks fit to make with the date & time of tile entry. CHf.\PTER IX
VISiTS TO F'RISOI\~EF~S
37. Due provision sllall be made lor the admission, at proper times and under proper restrictions, into every prison or persons with WhO:Tlcivil or un-convicted crimina! / convicted prisoners may desire to communicate, care being taken that so far as may be consistent with the interests of justice, prisoners under trial may see their duly qualilied legal advisors without the preSr')nCt~ of any other person.
Search of visitor. 38. ("1) The Jailer may dernand the narne and address of any visitor to a prisoner, and, when the .lailer has any ground for suspicion, may search any visitor, or cause 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 admission; and the ground of such proceedings, with the particutars thereof, shall be entered in such record as the Government may direct.
/"
7
tie8S()m; ~md Circumstances for Transfer. F~emova! of prisoners from
one ~~ta(e to
another,
ernergency
basis, IVie~:'jsurcs to
prevent c;nd
control (~mergency situation. lrnoortance of Education tor prisoners. CHt\PTEF! X T~iAi'JSFER OF PRISON1.~RS :'~9 Prisoners rnav be transferred from one prison to another for the folloWlrl9 reasons: "
(i) for custody and treatment in a suitable institution in accordance with H1eclassification procedure,
(ii) for attendance ill court for the purpose of standing trial or giving evidence,
(iii) on medical grounds,
(iv) on humanitarian grounds, ill the interest of their rehabilitation.
(v) for post release vigilance by the police,
(vi) for providinq essential services,
(vii) on qrounds of security, expediency,
(viii) to be nearer to his / her horne district, (I>:) for other spacial reasons,
40, Where any person is confined in a prison in a State: "
a, under sentence of death: or
b. under or in lieu of a sentence of imprisonment or transportation; or c, in default of payment of fine; or
(I. in default of 9iving security for keeping the peace; or e, for rnaintaininq gooli behavior;
The Government of the State, with the consent of tile Governrnent of any other state, by order, provide for the removal oi the prisoner from that prison to any prison ill the other Stat(3S under ti'!is llct or rule !TJaou thereunder.
41, (1) The following situation shall be handled as emergencies namely: "
(i) escape from prison;
(ii) outbreak;
(iii) riot;
(iv) strike:
(v) hunqer strike (individual or mass);
(vi) assault;
(vii) suicide;
(viii) fire;
(ix) epidemic;
(x) earthquake
(xi) terrorist attack
42 Ii Sll811be ihE! responsibilirv of the Superintendent or any officer present to take sufficient measures tor pre\!t?!I'1ting and controlling erneroency situations, These measures sllaU include 811such necessary and immediate actions 2S per !tie naod of trle situation under this /\C{ or rule made mereuncer.
CH!WTER )(I!
EDUC/.\T!C)N OF PRISOI\I1::BS
43, (1) Education is vital for the overall development of prisoners, Through education their outlook, habits and total perspective of life can be changed, Education of prisoners benefits the society as well as it leads to their rehabititauon and self-sutticiency. Education reduces the tendency to crime, This would mean less crime, fewer vie tirns, fewer prisoners, more socially productive people, and less expenditure on criminal justice and law enforcement.
8
Objective behind
educational programme. Vocational training and work
programmes.
(2) Life in prison is extremely monotonous. routinised and regimented. The education activities offer opportunity to a prisoner to remove from his mind depressing thoughts leading to relaxation and joy, Reality must be accepted that to confine offenders behind walls, without trying to ch3 Il(W them throuqh cducation and other activities. is an expensive foll~1
44. The objectives behind educational programmes in prisons should be to charmelise prisoners' energies into constructive ami creative pursuits, instilling in them a sense of confidence, developing amongst them social responsibility and consciousness, fostering arnonqst them habits and attitudes necessary for adjusting in the community, creating amongst \118m all awareness of the futiiity of le8ding a criminal lite::and uplifting them morallv, menially and socially. A comprehensive educational programme shall tie flamed in accordance to \t,e rcqui rernent as cie,"mecj necessary under this Act or rule made thereunder. CHAPTE.H xru
VOCATION/>.L TFiAIi\JI I\lG AND PAOGF!AfV\IVIES
45. (1) Vocational tralnlnq and work programmes should be treated as essential features of the correctional programmes for the purpose of: -
(i) irnpartinq discipline and work culture among inmates.
(ii) developing right attitudes towards work ane! dignity of labour.
(iii) promoting:-
(8) physical and mental well-being of inmates,
(b) proper development of mind through intelligent manual labour.
(c) spirit of fellowship and a cooperative way of living, and
(d) a sense of group adjustment.
(iv) devolopinq capacity tor sustained hard work.
(v) building habits of concentration, steadiness, regularity and exactness of work,
(vi) irnpartinq and improving work-skills,
(vii) awakeninq tilt," self-confidence and self-reliance of inmates.
(viii) trc\ininD and proparinq inmates for achlevinq lasting social readjustment and rehabllitation ,
(ix) imparting all occupational status and thus creating a sense of economic security among inmates.
(x) keeping inmates usefully employed in meaninqlul and productive work,
(xi) preventing idteness. indiscipline and disorder amongst them,
(xii) maintaining a good level of morale amongst thorn and thus promoting a S81lSe of self-as well as institutional discipline among them.
(2) For the purpose to achieve this objective a clear policy for the work programmes and vocational training of prisoners shall be framed under this Act or rule made thereunder. CHAPTER xrv
LE,{\.VE .tl.NO SPECifJ.L LEIWE
l3e.nefit (Jf l.eave. 46. l.eave and special leave to inmates me progressive measures of correctional services. TI'I8 release of a prisoner on lealj(~ not only S8VE!S him from the evils of incarceration but also enables nirn to maintain social relations wrtn rus family and community. It also helps him maintain and develop a sense of Self-confidence. Continued contacts with family and community sustain in him a hope for life,
Objective. 47.Theobjectivesofrelpasin9aprisoneronleaveare:-
(i) to enable the inmate to maintain continuity with his family life and deal with family matters,
(ii) to save him from the evil effects of continuous prison life,
(iii) to enable him to maintain and develop his salf-confidence
(iv) to enable him to develop constructive hope and active interest in life.
9
Special Leave. t\dvantsgeS of good conduct. Prison
administration tor female offenders
48. (1) Special leave may be granted to <1prisoner in special situations such 3S: -
(i) deatil or serious illness of father' / mother / brother / sister / spouse / children.
(ii) marriaqe of brother I sister / children.
(2) The period spent on leave will be counted as sentence served, while mat spent on special leave will not count 8S such. The period spent all special leave will be treated 3S 'OLIt days' or sentence suspended for all purpose.
(3) The manner and procedure, by which, leave or special leave are granted, the category of prisoners eligible tor such leave or special leave and the stipulated conditions thereof shall be in a manner prescribed under this Act or rule made thereunder
CHAPTER XV
PRE1\M\TURE FiELE!-\SE
49 The primary objective undertinq premature release is relorrnation of offenders and their rehabilitation and integration into the society, while at the same time ensurinq the protection of society from criminal activities. These two aspects are closely interlinked. Incidental to the same is the conduct, behaviour and performance of prisoners while in prison. These have a bearing on their rehabilitative potential and tne possibility of their' bein9 released by virtue of remission earned by them, or by an order granting them premature rl~lease. Tile most important consideration tor pre-mature release of prisoners is that they have become harmless and useful member of a civilized society. For tile purpose of recornrnendinq the pre-mature release of prisoner a Sentence Review Board should be constituted to advise the Government for release of prisoner and the procedure thereof in a prescribed rnanner under this Act or rule made thereunder
CH/;'P'fEn XVI
50 The prison administration shalt keep the female offender in a strictly secluded female enclosure.
Classification 51. Women prisoners shall be classified and kept separately as under, namely: -:
and separation. (i) under-trial prisoners shall be kept completely separated from convictecl offenders, even when their number is small;
(ii) habitual prisoners shall be kept separately;
(iii) prostitutes and brothel keepers must also be confined separately; i-'iestriction on
women
prisoners.
Exclusion of
Males.
i\lotes: -
(i) no criminal, or non-criminal, lunatic will be kept in the prison;
(ii) no classification of prtsoners shan be allowed 011 groull(ls of soclo-economtc status, caste or class;
52 (1) No female prisoner shall, on any pretext, leave or be removed from tile female enclosure except for release. transfer, or attendance at court, or under the order of the superintendent for other legitimate purpose.
(;~) I:very female prisoner authorized to leave 118renclosure will ordinarily be accompanied by a female warder trorn the time she leaves till she returns
53 (1) No male shall be permitted to enter the female ward of any prison, at any time, unless he has a legitimate duty to attend therein. No adult male shall enter it at all by night except ill an emergency, and even then only alonq with the female warder. He shan thereafter record a clear report of his visit with the reasons for such visit, and the hour thereof. in his report book.
11)
10
Locks of Female 54 Enclosures
Custody of
Female
f':'nclosme
Search of
Women
Prisoners on
t),dmission.
Pregnancy,
Chi~d t3ii'th in Pdson
(2) Male warders and other male staff, acting as escort to lady visitor and officials, shall remain outside the enclosure.
(3) If at any time a male prison officer or warder enters, or of attempts to enter, any ward or portion of a prison reserved for female prisoners, without proper authority, it shall bo reported to the Suoorintsndsnt forthwith
The locks of enclosure and barracks; where women are confined shall, be ditlerent from those in use in other' parts of the prisons, so that there is no possibility of keys for locks of other enclosures being misuseo for opening enclosures tor women prisoners.
55. There shall be round the clock duty of female warders in tile lerna!e enclosures.
56 Women prisoner shall be searched by female warder with due regards to consideration of privacy and decency.
57 When a women prisoner is found, or suspected, to be pregnant at tile time of admission or later, the Medical Officer shall report the fact to the Superintendent Arranqernents S11811 be made at the earliest to get her medically examined at the Government Hospital for ascertaining the state of her health, preqnancy. duration of preonancy and the prob- able date of delivorv. After ascertaining all necessary particulars, a cJetailed report shall be sent to tile Deputy Inspector (30nel'311 Sr. Superintendent of Prisons.
58. (1) !\s far- as possible arranqements for temporary release will be made to enable a prisoner to deliver chilo outside the prison.
(.2) Births in prison shall L18 reqistereo at the local birth registration ofrice. /~.Iimoney. jew(-olleI'Y, and articles of clothing, received witl: or found Oil ihe person of a woman prisoner on her admission to the prison, or sent subsequently bv t:lG police, or rsndared by her relatives or Iriends on her behalt prior to her release, 511211 be receivecl and taken over by the ,Jailer or other' officer' on duty. A list of all such articles shal! be entereo in the Admission Register and in the convict's warrant and read over to the convict in tho presence of the Jailer who shall countersign the entries in t!'18 register' and in the warrant. Method of storing the prisoner's money or valuables, shall be according 10 the generai rules laid down in the Prison Manual.
Propel'ty 0'( 59.
jpjornml Pd~;onel".
Children of GO. (1) A child up to six years of age Sf1311 be adrnitteo to prison with his mother if no other Women Prisoner arrangements. tor keeping him with relatives 01' otherwise, can be made. Children horn in prison may remain witil their mother upio six years of age, if they cannot otherwise be suitably placed. The Medical Officf;r shall determine Irre 39[:; of chil - dron not born in prison for the purpose of this provision.
(;!) No child shall be admitted into or retained in prison il'118 has attained the age] of six vears. The Superinlen(,j'2n( 511311 inform the Director'ale of Social VV,?lfare about all children of that a\J8 for placinq them ill a horne run by the Social Wslfme Depart- ment.
(3) Children kept under protective custody in a home of the Department of Social IIVel- fare shall be allowed to meet their mother at least once a week. This apart, any quidetine required on tile subject shall be framed under this Act or rule made thereunder.
11
Constitution of Board.
F'.;)n:} ItV fo!' 62. frltrod~J(:tr1H or
removal of prohibited articles lnto or from prison and communicate
with prisoners. Power to arrest 63
k~I' oH("::ilce: un del' Pubiication Of 64 penalties
CHAPTER XV[!
BOAFm OF VISITORS 61 ("I) The State Government shall, by notification, constitute a Board of Visitors at District I..evel and also St8te Advisorv Board comprising of Official and 1\lon-0f1ici81 members to monitor correctional work in prison, sug~jesting new avenues leading to the Improvement in the correctional work, going into individual or collective qriev- ances of prisoners and providing redressal in consultation with the prison authorities
(2) For this purpose a rule sl1<:tilbe framed in a prescribed manner under U'lis Act. CHf.WTE~~XVI1i
OFFENCES iN F1EU\. Tl0N 'CO PH1S0NS
WI-ioev",r, contrary to any rule introduces or removes or attempts by any means whatever to introduco 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, knowinqly 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 SUCil rule, communi cates or attempts to communicate with any prisoner, and whoever abets any offence made punishable by this section, shall all conviction before a Magistrate, be liable to imprisonment for a term not excesdinq six months, or fine not exceeding five hundred rupees, 01' with both.
When any person in tile presence of any officer of a prison, commits any offence spsci- fiecJ in the fOiegoing section, and refuses on demand of such officer to state his name and residence, or Qiv~:s a name or residence wruch such officer knows, .or has reason to beiitNe, to ~)efalse. SUCll olticor may arrest him, and shall without unnecessary delay make 111mOWi (0 a Police Officer, and thereupon suer] Police Officer Sl,211proceed as if the ottenc« had been committed in his presence,
Tr'18 Superintendent shall cause to be affixed ill a conspicuous place outside the prison, a notice in English and the Vernacular settino forth tile acts prohibited under section 65 and the penalties incurred by their commission.
CH/.l,PTEn XIX
PRISON OFFENCES.
Prison Off(~nces, 65. (1) TI18 disctpllne in Prisons has to be maintained with fairness and firmness. It has to cover every aspect of life in the prisons. A punishment for indiscipline has to be balanced in relation to tile gravity of the violation. />, positive approach towards prison discipline involves not only a strict adherence to rules and regulations but also a fair, just and equitable handling of prisoners on the part of U'lO stair.
(2) ,<\her their admission, all prisoners should be informed ot their rights, duties ano disciplinary requirements in the prisons, in a language understandable to them This aspect ilia}! be drsprayeo on 2. board accessible to prisoners.
(3) The following acts are declared to be prison offences when committed by a prisoner, namely: - .
(i) endangering the security and custody of a prison ill any way, by a willful or negligent act and shall include tampering in anyway with prison walls, building, bars, rocks ami keys, lamps or lights or with any other security and custody measures;
(ii) doin9 any act calculated to create unnecessary alarm in tile minds of other prisoners;
(iii) doinQ 01' omitting to any act with intent to cause to oneself any illness. injury or disability:
(iv) omittinq to report the cornrnisslon of ally prison ottence:
(v) tll'eaking law and order and discipline;
(vi) planninq, instigating, abetting, directly or indirectly, in the commission of any prison offence;
12
(vii) refusing, omitting or conniving to abieJe by standards of behavior, rule": and regulations and lawful instructions and orders;
(viii) failin~J to assist in the maintenance of prison discipline;
(ix) failing to give assistance 10 a prison official whsn calied to do so;
(x) making false, malicious and oroundless: written or verbal complaint against prison officials;
(xi) committing nuisance or mischief of any kind;
(xii) quarrellinq witl1 other prisoners;
(xiii) srnokinq; (xlv) Elttackinq, assaultinq and causinq injuries to Ot!18I-S; (x\/) participaiinq in a riot or mutiny. abettinq another prisoner to do n-185
(xvi) escaping or at1F:mptinD to escape trorn prison or le~~al custody 01' faili;lq to i'8P01110 prison officials about attempted escapes;
(xviijpossessmq, hiding, smLl~Jgling or atternptinq to smuggle, obtaining, giving or receiving or bartering contraband articles, failing to report to prison officials about contraband articles;
(xviii) steal inn / damaging / destroying I disfiquring I misappropriating any Government property 01' another prisoners' articles ami property;
(xix) failing to report at once any loss, breakage or injury which the prisoner may accidentally have caused, to prison property or implements; ,
(xx) tampering with or defacing identity cards, records or documents;
(xxi) breach of the conditions of leave and emergency release;
(xxii) refusing to eat food or going on hunger strike;
(xxiii) eating or apportioning any food not assigned to him or taking from or adding to the portions assigned to another prisoner;
(xxiv) willfully or negligently destroying or spoiling fooe! or throwing it away without orders:
(xxv) introducing into food or drink any tiling like!y to render it unpalatable;
(xxvi) unauthorized cooking;
(xxvii) vio!;:rting rules and regulations framed for the systernatic running of the canteen:
(xxviii) bal'\c::rinq canteen articles:
(xxix) [\eing irile, careless or neglioent at work, retuslnq to wOI-k" malinqerinq, oisturblno other prisoners at work or 11'1 barracks;
(xxx) manutacturlnq any article without the knowledge or permission of a prison officer;
(xxxi) pertorrninq ally portion of tl18 task allotted to another' prisoner or obtaining unauthortzed assistance 01 another prisoner in the performance of one's own task;
(xxxii) apportioninq to any prisoner any pan of the task to be performed by him / her; (xxxiii) mixing 01'adcling a toreiqn substances to the materials issued for work;
(xxxiv) willfully disabtinq hirnselt from labour;
(xxxv) converting or atternptinqto convert, a prisoner to a different relioious faith;
(xxxvi) willfully hurtinp other's reliqious feeling, beliefs and faiths; (xxxvii) aqitatinq or acting on the basis of caste or religious prejudices, (xxxviii) having any communication, in writing or by word or by signs, without permission, with 81'1youtsider, an under-trial prisoner, detenus, civil prisoner and approvers:
(xxxix) sendinq messaqes surreptitiously by writing or verballv:
(xl) participating in or orqanizinn unauthorized activities like gambling and iJetting; (xli) using inciecent abusive, insolent, threatenino or improper iar19u2:;)8, br:!ing disrespecttul, making inciecent 01-VUlgar acts Oi' gesturos:
(;'dii) soiling Oi i)efcLilin~J any place or article;
(,;liii) loi181'in9 or lillqering, lealling the appointeo area or work ..group without permission; (x!iv) hilin9 to 2155is! or preventinq another person from assistlno prison otticials in suppressmq violence, assault, riot, mutiny, attack, gross personal violonce or any other ernerqencies;
Pun is Ii III e n t of 66 (I) No officer other than the Superintendent may examine any person committing SUCrl such offences. offence, and determine thereupon, and punish such offence by: ..
(i) a formal warning: ..
13
rv'ledici:ll Officer to CerWy the
fitness of
prisoner tor
punishment.
Entries in
~'unis,hmEint
Explanation: - a formal warninq sflall mean a warning personally addressed to <1 prisoner by the Superintendent and recorded in the punishment book and or11118 prisoner's history-ticket;
(ii) change or labour to some more irksome or ~;evor-e form tOI- such period as may bG prescribed by rules made by \1-1(:;State Government from time to time;
(iii) hard labour tor a period not e:
(iv) such loss of privileges admrsslble under tile remission system for the time beinu in force as may be prescribec by rules made by the State Government Irorn time to tirne;
(v) separate confinement tor any period not exceeding three months or as specifiecJ b)' the authorized authority.
Explanation: separate confinement means SUCll confinement with or without 13tJOur and seciudos a prisoner rrom cornrnunication with, but not from sight of, other prisoner. and aliows him not less than one hour's exercise per di81i1 and to have his meals ill association with one or more other prisoners:
(vi) Penal diet- that is restriction of diet in such manner o~nci subject to such conditions reg::miing labour as may IJe determined by the Deputy inspector Genel'al! Sr. Superintendent of Prisons:
Provided that such restriction of diet shall in no case be applied to a prisoner for more than Forry-eioht consecutive hours, and sha!1 not be repeated except for a tresh offence nor untii alter all interval of one week;
(2) 1\10prisoner may be punished unless he has been informed of the offence alleged against him and given proper opportunity of presentinq his defense. The competent authority may conduct an inquiry into the case. No prisoner may be punished except in accordance with the terms of laws or :-egulatiorls.
(3) I\Jo prisoner shall be punished twice for the same offence provided that any security rT18<3SU(<:',(separate confinement) taken tor the Selle custody of a refractory and dangeroLis prison HI' (}I' for preventinq him! rom cornmiuinq mischief or- :;toppage· of privilsqes which ,.Heotherwise admissible to well benaved prisoners only, may 1101be construed as prison punishment for this purpose
(6,) The punishment of confinement or- filtigu0 work may not be implemented unless the M",,(iical Officer has examined the prisoner and certified in writir-IQ that he/she is tit to sustain it. The same rules may apply to an)! other punishment ttlat may tJe prejudicial to the physical or mental health of a prisoner,
67 (1) No punishrnent of penal diet, either singly or in combination, or hard labour under clause (v) of sub-section ('I) of section 66 of this Act shall be awarded to any prisoner until the prisoner has been examined by the MeeJical Officer and has been found fit to undergo the punishment and certiiied accordingly by the Medical Officer in the appropriate column of the punishment-book prescribed for this purpose,
(2) If he considers the prisoner unfit to undergo the punishment, he shall in the iike manner recor-d his opinion in writing and shall state whether the prisoner is absolutety unfit for punishment of tho kind or whether he considers any modification.
(3) In the latter case IlE-) shal: state what extent of punishment he thinks the prisoner car:
ullcler\jo without injury to his heattn.
f>B Ci) In tile punishment 1)001
(2) In the case of every serious prison offellcE!, tile names or tile witnesses provillg trle offence shall be recorded and in case Of offences for which serious punishment is awarded, the Superintendent shall record the substance of tIle evidence of the witnesses, the defence of the prisoner and the finding witn the reasons therefore.
14
Procedure 011 commission of heinous offence. Offences by
prison
subordinates.
"
Extramural custody, control and employment of prisoners. Power to make rules.
(3) Against the entries relating to each punishment the Jailer and the Superintendent shall affix their initials as evidence of the correctness of the entries,
69 If any prisoner is guilty of any offence against prison discipline which, by reason of havil,g been frequently committed or otherwise. in the opinion of Superintendent, is not adequately punishable by the infliction of any punishment which he has power under this Act to award; the Superintendent mall forward such prisoner to the court of any Magis Irate of the first class having jurisdiction, together witn 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 extent to one year, such term to be in addition to any term tor wnich prisoner was underqoinq imprisonment when he committed such offence, or may sentence him to any of the punishment enumerated under this Act;
Plovicied that any such case may be transferred for inquiry and trial by such Magis trate to any other Magistrate of first class and that no prisoner shall be punished twice for tile sa me offence.
70 Every Jailer or officer of a prison subordinate to him who shall be guilty of any violation of duty 01' willful breach or neglect of any rule or requlations or lawful order made by competent authority or who shall withdraw from duties without permission or without having given previous notice in writing of his intention or who shall willfully overstay any leave granted to him or who shall engage without authority ill any employment other than his prison duty or who shall be Quilty of cowardice, shall be liable , on conviction before a Magistrate, to a fine not exceeding rupees five hunclred or to imprisonment for a period not exceeding three months or both,
CH.APTER XX
MISCELLANEOUS
71 A prisoner when being taken to or from any prison in which he may be lawfully confined 01' whenever he is working outside 01' otherwise beyond the limits of any prison in or under the lawful custody or control of a prison officer belonging to such prison, shall be deemed to be in prison.
72 (1) Tile State Government may make rules consistent witl, tins Act.
(2) In particular and without prejudice to the generality of tile foregoing powers, such rules may provide for all or any of the following matters, namely: -
(i) defining the acts which shall constitute prison offences;
(ii) determining the classification of prison offences into serious and minor offences;
(iii) fixing tile punishment admissible under this Act which shall be awardable for commission of prison offences or classes thereof;
(iv) cieclarin£l tile circumstances in which acts constituting both a prison offence and an offence under tile Indian Penal Code mayor may not be dealt with 8S 2 prison offence;
(\I) for the aW21'd of marks and the shortonlnp of sentences;
(vi) regulating the use of arms against any prisoner or body of prisoners in case of an outbreak or attempt to escape:
(vii) defining the circumstances and regulating the conditions under which prisoners in serious hearth conditions may be released;
(viii) for classification of prisons and description and construction of wards, cells and other places of detention:
15
Exhibition of copies or rules, E.xer(;js(~of powers; of
Superintendent and Medical
or-nce!'.
Protection of actions taken in good i;aith,
(ix) for- requlation by numbers. lenqth or character of sentences or otherwise, of tile prisoners to be confined in each class of prison;
(x) any subject matter relating to PI-iSOIlS and for the appointment of officers ap pointed under this Act;
(xi) as to food, bedding and clothing of criminal prisoners and of civil prisoners maintained otherwise than at their own cost;
(xii) for the employment. instructions and control of convicts within or-without prisons;
(xiii) tor defining the articles introduction or removal of which into or out of prisons without due authority and prohibition thereof:
(xiv) for classifymg and prescribing the forms of labour and regulating tne periods of rest from labour;
(xv) for regul8ting tile disposal of proceedings of the employment of prisoners;
(xvi) for the classification and separation of prisoners;
(xvii) for requlatinq the confinement of convicted criminal prisoners Linder section 26;
(xviii) for th(o preparation and maintenance of history tickets;
(xix) for tile selection and appointment of prisoners as officers of prison;
(xx) for rewards for good conduct;
(xxi) 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 transterred:
(xxii) for the treatment, transfer and disposal of criminal lunatics or recovered criminal lunatics confined in prisons;
(xxiii) for regulating the transmission of appeals and petitions from prisoners and their communications with their friends:
(xxiv) for tile appointment and guidance of visitors of prisoners;
(xxv) for extendinq any or all of the provisions of this Act and of the rules framed there-under to subsidiary jails or special places of confinement appointed under rules and officers employed and the prisoners confined therein;
(xxvi) inl'egard to the admission, ernerqencies. education of prisoners, vocational training and proqrarnmes, leave and special leave, women prisoner, Board of Visitors, custody, employment, dieting, treatment and premature release of prisoners: and generally carrying into effects the purposes of this Act
73. Copies of rules shall be exhibited both in English and in the Vernacular in some place to which all the persons employed within a prison have access,
74, Allor any of the powers and duties conferred and imposed by this Act on the Deputy Inspector General! Sr. Superintendent of Prisons, Superintendant or Medict,d Oiflc'~r may in his absence be exercised ami performed by such other officer as tile State
16
Val idati on of ,<'\cIs and Savinq. Power of Prison OWcers during
emergency.
1-lemovalof
doubts,
76 Notwitllstanding anything contained in any other laws 01' rules or orders for the time being in force and any action taken in PUI'SlJ8nt to such laws 01' rules or order in so far as they are not in consistent with the provisions of this Act, the same shall be deemed to have been validly made or done under this Act as if this Act was in force at all tile material time when such actions 01' orders were taken or made.
77. During emergent situation involving security 0;' prisons and natural calamity such as landslide, epidemic, etc. the Deputy Inspector General / SI'. Superintendent of Prisons and Supermtendent shall havethe powers to request any Depar'tillent to provide; facilities Dr services tor tile maintenance; and upkeep of prisoners. On receipt of such a request. it shall be the dutv of the Department concerned to make all possible elfe,/ts.
78. If any doubt arises as to the Interpretation of the provisions of this Act the same shall be I"efer'redto the Government in the Department of Horne, Government of Sikkim whose decision shall be final.
By Order.
rue PURKA YASTt·j,i.\ (38.18)
Ln-Gu rn-Sec t'(:!tClry
Law Department
Fi!e No, 'l6(82}f UJlP/;'W07
17