(1) If any inmate is found guilty of any prison offence which, by reason of his having frequently committed such offences' or ■, otherwise, in the opinion of the Superintendent, is not adequately punishable by the infliction of any punishment which he has power under this Act to award, the Superintendent may forward such inmate to the Court of a Magistrate having jurisdiction, together with a - statement of the circumstances, and such Magistrate shall thereupon inquire into and try the charge so brought against the inmate, and, upon conviction, may sentence him to imprisonment ,of either description for a term not exceeding one year or to any of the punishments enumerated in section 71.
(2) In respect of any offence committed by any inmate which is punishable under this Act as well as under the Indian Penal Code, 1860 or any other law in force, it shall •1 tbe in the discretion of the Superintendent to determine whether he will use his own powers of punishment or forward the inmate to the Court of a Magistrate having jurisdiction to be dealt with in accordance with the Code of Criminal Procedure, 1973:
Central Act 45 of 1860 Central Act 2 of 1974
Provided that, in the case of any of the following offences, the Superintendent shall forward the inmate to the Court of a Magistrate having jurisdiction, namely : —
(a) Any offence triable exclusively by a Court of Session;
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(b) Any offence punishable under section 147 (Rioting) or section 148 (Rioting armed with a deadly weapon) or section 152 (Assaulting or obstructing or using criminal force to a public servant when suppressing riot, or threatening or attempting to do so) of the Indian Penal Code, 1860;
Central Act 45 of 1860 1406 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013
(c) Any offence punishable under section 222 (Public servant intentionally omitting to apprehend any person lawfully committed to custody or intentionally suffering such person to escape or intentionally aiding such person in central ‘ escaping or attempting to escape) or section Of I8 6 0 223 (Escape negligently suffered by public servant) or section 224 (Resistance or obstruction to lawful apprehension, or escape or, attempt to escape from lawful custody) of the Indian Penal Code, 1860;
Penalty for introduction or removal o f prohibited articles into or from prison and communica tion with inmates
(d) Any offence punishable under section 304A (Causing death by a rash or negligent act) or section 309 (Attempt to commit suicide) or Central Act 45 section 324 (Voluntarily (causing hurt by Ofi8§o dangerous weapons or means) or section 325 (Voluntarily causing grievous hurt) of the Indian Penal Code, 1860.
(3) Nojnmate shall be punished twice for the same offence:
Provided that the removal of an inmate from a 1 prison office in consequence of a judicial conviction for an offence shall not be deemed as a punishment for the purposes# this Sub-section.
CHAPTER-XIV OFFENCES IN RELATION TO PRISONS
75. Whoever, contrary tb any rule made under this Act, introduces or removes, or attempts by any means whatsoever to introduce or retrieve, into or from any prison, or supplies or attempts td supply to any inmate outside the limits of a prison, any prohibited article;
arid every officer of a. prison who, contrary to any such rule, knowingly suffers any such article to be fl' introduced into or removed from the prison, to be ■ ■ ;i possessed by any inmate, or to be supplied to any inmate outside the limits of the prison;
THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30,2013 1407 Penalty for taking photograph of prison interior and whoever, contrary .to any such rule, communicates or attempts to communicate with any inmate; , and whoever, abets any offence made punishable by this sub-section, — shall, on conviction before a Magistrate, be liable to imprisonment of either description for a term not exceeding six months or to fine not exceeding one thousand rupees or to both.