THE PRISONB ACT. 1894 ( IX of 1894) An act to amend the law relating to Prisons Where as it is expedient to amend the law relating to prisons in India except the territories which immediately before the lst November, 1956-, Watt comprisedin Part3 States other than the Madhya Bharet and Simixegions of the State of Madhya Pradesh and to provide rules for the regulation of such prisons; it is hereby enacted as followa:—-—
CHAPTER I—PRELIMINARY
1. (1) This Act may he called the Prisons Act, 1894
(2) It extefid‘: to the whole eflzdie, flew: the territories which immediater before the let November, 1956 were comprised in Part B States‘ *other than the Madhya Bharat and Sireni regions of the State of Madhya Pradesh.
(3)1: shall come into force on the first day of July, 1894.
(4) Omitted.
2. Repealed by Act I of 1938.
3. In this Act—
(1) “Prison” mam may jail at place used permanently -er temporarin under the general or special ordersaf‘ 3 State Guvemment for the detention ofpuaoners, and includes all lands and buildingsappm'teeant tbcrcm, but does not include;—
(a) any pl_ace fer the confinement of prisoners whoare exclusively in the custody of the police;. (b) any place specially appointed by the State_ Government under section 541 of the Code ofI! Criminal Procedure, 1882; or- (c) any place which has been declared by the SmeGowernment by general or special order, to bea subsidiary jail;
(2) "Cf‘iminal prisoner” means any prisoner duly com-muted to custody under the writ, Warrant ororder of aey Court 91" aurhcin? exercising crimi-, i 11:11 junsdxction, or' by order of a .Couzt-martial;‘lnserted by Madhya Pradesh Ea}; 4?of 1961. _ ‘(4) By Madhya Pradesh Second Exlension of Laws Act, l96 I (No. 40011961].
Title. extent and.
commenccmeut.
Definitions.
Accommodation for prisoners.
Intem- General.
Ofiem of rm:.
JAIL MANUAL [PRISONS AC!
(3) “Convicted criminal prisoner" mews 3:13- cririrtl prisoner under sentence of a Caurt or Comt— martial, and includes a person detained in prison under the provisions of Chapter VIII of the Code of Criminal Procedure, 1882 or under the Priso— ners Act, 1871;
(4) “Civil prisoner” means any prisoner who is not a criminal prisoner;
(5) “Remission system” means the rules for the time being in force regulating the award of marks to, and the consequent shortening of sentences of prisoners in jails;
(6) “Histety-ticket” meansthe ticket exhibiting such information as is required in'respeu of each pri— soner by this Act or the rules thereunder;
(7) “InspeCtor Genet " means the Inspector General of Prisons;
(3) “lt’LeClica!1 Subordinate” means an Assistant Ser— geon, APDIhecary or qualified Hospital A5315- tant; and
(9) “Prohibited article” means an article the immensetion or removal of which into or out of a pnson is prohibited by any rule under this Act.
CHAPTER II—MAINTENANCE AND OFFICERS 0F PRISONS
4. The State Government shall provide, for the prisonefs in the territories under such GoVernment, accommodation 111 prime conSIructed and regulated in such manner as to comlgly with the requisitions of this Act in respect of the WWW of prisoners.
5. An Inspector—General shall be appointed for the text:- tories subject to each State Government, and shall exetcme:
subject to the orders of the State Government, the gene control and superintendent Of all prisons situated m the territories under such Government.
6. For every prison there shall be a Superintendent, a Medical Officer (who may also be the Superintendent), a Medical Subordi-Fate, a Iailor and such ether officers as the State Governinent thinks necessary:
/' -I rmscms ACT ] JAIL MANUAL
Provided that the State Government of ‘Madhya Pradeshmay, declare by order in writing thatin any prison specifiedin the order the office of Iailor shall be held. by the personappointed to be Superintendent.
7. Whenever it appears to the Inspector General that thenumber of prisoners it: any prison is greater than conVenieme01' safely be kept therein, and itis not eameniem to transferthe excess number to some other ptiSon, or whenever from the outbreak ofepidemic disease Withinany prison, or for any other reason, it is desirable to providefor the temporary shelter and sFife- custody of any prisoners, provision shall be made, by such ofiicet and in suchmanner as the State Government may direct, for the shelter and safe custody in temporary prisons of So many of theprisoners as cannot be convenienIIy-or safely kept in the prison.
CHAPTER III—DUTIES OF OFFICERS GENERALLY
8. All officers of a prism: shall obey the drections of the Superintendent; ail Officers subordinate to the Jailct shallperform such duties as may beimposed on them by thejailer with the sanCtion ofthe Superintendent or be prescribed by rules under section 59.
9. No oficer of a prison shall Sellorlct, not shallany person in trust for employed by him sellorlet, or derive anybenefit from selling or letting, any article to any prisoner orhim: any money or Other business dealings directly or in— direetly with any prisOner.
10. No officer of a prison shall, nor shall any Demon inmm for or employed by him have anyintetest direct or in— direct in any contract for the supply of the prison; nor shall he derive any benefit, directly or indirectly, from the sell or purchase of any article on behalf ofthe prison or belonging to a prisoner.
Superintendent
11. (1) Subject to the orders of the Inspector General the Super intendent shall manage the prison in all matters relating to discipline, labour, expenditure, punishment and control.
{2) Subject to such general or special directions as may be given by the State Government the Superintendent of a prison other than a central prison or a prison situated in a presidency—town shall obey all otdets not inconsistent with .Suhsn'tuted by M. P. Act Noh-deO of i961.
Temporary accommodation sfo:
prisoners;
Contol and duties of oficers prisons.
of Officers not to have business dealings with p risen era .
Ofiieers not'to be nterested in pniron contracts.
Supetmtendent.
4 . _ MIL MANUAL [PRISONS ACT this Act or any rule thereunder which may be given reapeeting.
the pttson by the District Magistrate, and. shall tcport to the Inspector General all such orders and the action taken theteonv Records a, be Rep: 12. The Superintendent shall keep, or cause to he kept, by Superintendent. the following records :--— '
(1) a register of prisoners admitted;
(2) a. heel: showing when each prisoner is to be released;
(3) a punishment book for the entry of the punishments inflicted 9n prisoner for prison-rofi'tncesg
(4) a visitor’s book for the entry of any OBSEtWtiODS made by the visitors touching. any matters connected “ith the administration of the prison;
(5) a record ofthe money and other articles taken from prisoners; and all such other records as may be.
prescribed by rules under eeetinr ‘0.
Medical Oflieer Egg: 0f Mcdica‘ 13. Subject to the control of the Superintetdem, the ' Medical Officer shall have charge of the sanitary adminstratioa of the prison and shall perform such duties as may be prescribeg by rules made by the State Government under section 9.
Medical _0fiicer‘3 i: 14. Whenever the Medical Ofiicer has reason to believe $33: m “m that the mind of a prisoner is, or is likely to be, iniuriously afi‘ected-by the discipline or tIEalmtnt to which he is subjected, the Medical Oflicer shall_ report the case inmiting to the Superintendent, together with such observations as he may think proper. ' This repert, with the orders of the Superintendentthere» on shall forthwith be sent to the Inspector Generfl for infarmation.
.
Report on death of 15. 011 the death of any prisoner, the Medical Qfiicet Pmner- shall forthwith record in a register the following particulars so far as they can be ascertained, namely:-—-
(1) the day an which the deceased first complained of illness at Was observed to be ill,
(2) the lab'mu', if any, on Which he was engaged on that day,
(3) the scale of his diet on that day,
(4)1'he day on which he was admitted to hospital,
(5) the day on which the Medical Oflicet was first:
informed ofthe illneSS, ensue; ACT] JAIL MANUAL _ _ . . . '5 ' (51th: Mute oftheflisease, * .. ' ‘. - , 2 :' ‘-
(7) when‘ the deceased was Last seen before his deathby the Medical Ofiicet or Medical Subordinate,
(8) when the prisoner ”dice, and
(9) (in"'eaSes where 5': pcst-mortem examination is made)an account of the appearpnces after death, together . -: ‘_With aey special rfimarksthat appear tn the A&ediml ' ' "' Oflicer to be required. \ 16- (I) The Iailar shall reside in the prison unteame Jaiior.Superintendent permits him in Writing to tesfle elsewhere.
(2) The Jane: shall not, without the Inspector Geherhi’ssanction in writing, be concerned in any other employment.
17. Upon the death of a prisoner, the Jailor shall Jifl°rggtgven°fi=egive finnediate notice thereof to the Superintendent and mi“ ° mm"the Medical Subordinate. '
18.' The Iailor Shall be responsible for the safe custody ?afifgfn'ibm‘y ”f0f the records to be kept t‘xderaectie-n 12, for the commit- ‘ment warrants and all bther'documents confided to his care,and for the money and other articles taken frcm prisoners.
19. The Iaflo-r shall not be absent from the prison for 135101.10 be Prescnla night without permission in wiring ftcm the Supermtetdent; 3‘ ”sh"but: if .ahnent without leaVe for a night from unavoidableneCcssity, he shall immediately report the fact and the causeofit to the Superintendent.
_ 20- Wheres TailororAssistmtJafloris-appointed POW“ 0‘, PW“to a prism, he slPaIIipgutgject to the orders of the Superinten- ?:idlm, mdumb: competent to perform any ofthe duties, and be subj-ect to Hi the responsibilities of a Jailor under this Act oranv rule thereunder. I Subordinate 0mm-
21. The oflicer acting as gate-keeper, or any other officer 2:?“ of site-Of the prison, may examine anything carried 1'1: or out ofthe w.prison, lid may stop and search or cause to be searched anyperson suspected of bringing any prohibited amide into orBut of the prison, or oftaming out any PIOPCHy belwgingto the prison, and, if shy each article or ptOPmybefound,shall give immediate notice thereof to the Jailor.
2. Officers mberdinate e the Jail»: seen not be absent mflgtcofifir150111 the Prison withont-leave from the Superintetdem or without leavefrom the Jaime.
g - J_AIL MANUAL .[PRISBNS Ac:
dome: 05:123. .23. Prisoners who have been-aippointed as-oificers of prisons shall be deemed to be public servants within the meaning of the Indian Penal Code. " '
CHAPTER IV—ADMISSION, REMOVAL'AND DISCHARGE OF PRISONERS mg: tog“1 ' 124.; Whenevee a1 prisoner is admitted into"_prison, he m“ ”n ' shall be attached , and all weapons and. prohibited articles shall be taken from him.
(2) Every criminal prisoner shall also, as soon as poasible after admission, be'examined under the general or specichl orders of the Medical Officer, who shall enter or cause to be entered in a book, to be kept by the Iailor a record ofthe state of theeprisaner’s health, and of tiny Wounds or marks on his fl _ __ perSon, the class oflabour he is fit for if sentenced to rigorous - - imprisonment and any observations which the Medical Olficer thinks fit to add. ' ~
(3) In the. case of female priSoners, the search and examination shall be carried out by the matron uzgder the general or speCiELl orders of the Medical Oflioer.
Eflectaofprisoncrs. 25. All money or other article's in respect whereof no . order ofa competent Court hasbeenmade,and w hichmay 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 Iailor.
Removal anq fig- 26. All prisoners, previously to being temowd to Share: of P'Mm- any other prison, shall be examined by the Medical Olficer.
(2) No prisoner Shailbe removed from one prised to agather unless the Medical 0mm cettifies that the pfisoner ls ftee from any illness rendering him unfit for remuVal.
(3) No prisoner shall be discharged against his twill from prison if labouring under any acute or dangerous dls-temper, nor until, in the opinion ofthe Med ical Officer, such dtschatge ' it. Safe. ' - ' CI-IAJ’TER V—DISCIPLINE OF PRISONERS Separation ofpd. T '27. . The reqtlisitione Of this Act with respect to the soners. separatmn of prisoners are as follows :~ .
( 1) In a prison containing female as well as male prisoners, the females shall be imprisoned in separate buildings, or separate parts of the same building, in such manner as to prevent their PRISONS, ACT] JAIL MANUAL seeing, or conversing or holding any intercourse with. the'niale prisoners; _ '(2) in a prison where -male peisorters'. under the age oftwenty one are confined, means shall be ttovxded fot Separating them altogetherfrum the other priSone rs, and for separating Lhofieof them who have arrived at the age of puberty from those who have not; . .
(3) unitonvicted criminal priswers,shall bekept apart from Convicted eIiminal priho'ners; and (4, civil prisoners shall be kept apart from criminal prisoneIS.
‘ 28. SubEeCt to the requirements of the later foregoing seCtion convicted criminal prisoners may be confined 61th:? in assoCiaticn' or in?! ivid 1131137 in cells or partly in one way and partly in the other. - ‘ " __ 29. No Cellshall be uaed for Solitary Confinement unless it is furnished with'the means of enabling the prisoner to Communicate at any time with an oflicer of the Prisfin, and every prisoner 80_ confined in a Cell for more than twenty-fo‘ur hours, whefljer as a punishment or otherwise, shall be visited atleast once a day by the Medical Officer or Medical Subordinate; ' ‘ 30. Every prisoner under sentence of death shall, ‘Wmediately on his arrival in the prison after smtence be searched by, or by ctder of the Iailor and alIarticles _ fihall betaken from him which the JailOr deem it dangerous or inexPedient to leave in his pq'ssession-
(2) Every suchrprisonEI shall be confined in a cell apart ftom all other prisoners and shall be placed by day and by_ni-ght under the ‘charge of a guard.
I CHAPTERVI—FOOD, CLOTHING [AND BEDDING ‘ OF CIVIL UNCONVICTED CRIMINAL PRISONBRS
31. A Civil prisoner e: an untouvicted criminal prisoner shall be permitted tomaiqtain himself, and to Purchase, or receiVe from private sources, at proper hours, food, clorhing, bedding Or Other necessaries, but Sublect :IO examination 2‘lid to such rules as may be approved by the Inspector—General. I --
32. No part ofany food, clothing, bedding or other necessaries belongin g torany civil or unConvicted criminal prisoner shallbe given,-hited or Sold to any other prisoner, and any prisoner transgressirg the provisions Of this section shall late the privilege of- purchasing food or receiving it from pxwate sources, for such time as:the Superintendent thinks proper. ‘ . - . _ Association and segregation of prisoners.
Solitary confinement.
Prisoners under sentence of death.
Maintenance of certain prisoners from private sources.
Restriction on transfer of food and etothing betWeen certain prisoners.
8 JAIL MANUAL} [Parsons' Aer ngfly ofclothing a bedding to civil and unconvieted criminal prisoners.
Employntent of civil onsoners.
Etnployment cf cnminal prisoners.
Empleymeneof:Iiil ..
pageant!
gamete mp1:
Impeachment.
33. Every civil prisoner and tmenmicted criminal prisoner unable to provide himself with suficittt'clothing and beddingnahall be supplied by the Superintendent with such chathimand bedding as may beneeessaty; '
(2) When any civil prisoner has been committed to prison 'm execution of a'. decree in favour of a private person, Such person, or his representatile shall, Within forIy-tight hours after the receipt by him of a demand in writing pay to the Superintendent the cost of the clothing and beddingeoeupplied to the prisoner; and in default of such payment the prisoner may be released.
CHAPTER VII—EMPLOYMENT 0F PRISONERS
34. Civil prisoners may, with the Supermtdldcnt’s parrnission, work and. follow any trade or profession.
(2) Civil prisoners finding their own implements, and not maintained. at the expense of the prison, shall be allowed to receive the whole of their earnings; but the earnitgs of such as are furnished with inlplemcnts or are maintained at the expence of the prison shall be subject to a dcduction. :0 be determined by the Superintendent, for the use of implements and the coat of maintenance.
- 35. No criminalprisonersentenced tn labourmremployed on labour at his we desire shall, except on an emergemy with the sanCtiUn in Writing of the Superintendent, be kept to labour for more than nine hours in any one day.
(2) The Medical Oflicer shall from time to time examine the labouring prisoners while they an: employed, ‘and shall at least met: in every fortnight cause m be recorded upon the history ticket ofench prisoner-employtd on labour the weight of sad] prisoner at the time.
(3) When the Medical Officer is of opinion that the health 'of any prisoner Sufl'crs from employment or any kind at date oflaboux, such prisoner shall not be employed on that labour but 51131le placed on such other kind or class of labour as the Medical Olficer may consider suited for him.
35. Provision shall be mdeby the Suptintendent for the the employment (as long uthey eo' desire) of all etimtnal ptraonera sentenced to simple imprisonment, but no prmonet not summed to risoronl imptiMcnt wt be punished for of work excepting by amh alteration in the scale diet as my be established by the rules of the prism). in theme ofneglect ofwork by such a prisoner.
'~ I II ‘ means ACT] JAIL MANUAL
CHAPTER VIII—HEALTH OF PRISIONERS
37. The names of prisoners destiring to see the Medical Sid‘ Prim”Subordinate or appearing out of health in mind or body shall,without delay, be reported by the officer in immediate chargeof such prisoners to the Iailor. .
(2) The jailer shall without delay, call the attention ofthe Medical Subordinate to any pIiS-oner desiring to 'see himor who is ill, or whose state ofmind or body appears to requireattention, and shall carry into efi'ect all written directions givenby the Medical Officer or Medical Sub'ord inate respecting alte-rations ofthe d iscipline or treatment of any such prismer.
33. A11 directions given by the Medical Officer or MedicalSubordinate in relation to any prisoner, with the excepricn oforders for the supply of medicines or direCtions relating tosuch matters as are carried into Effect by the 'Medical Officerhimselfor under his superintendence, shalt be entered day byday in the prisoner’s histon—ticket or in such other record asthe State Government may by rule directJ and the Jailor Shallmake an entry in its preper place Stating in respect of eaChdirection the fact ofits having been or not having been compliedwith, a'ccnmtaenied by such observation, if an , as the Jailorthinks fit to'make and the date ofthe entry.
Hospital
39. In every prison a hospital or proper place forthereception afsick prisoners shall be provided.
39-A. The Superintendent may ifin his opinion a prisonerrequires Special treatmentin a hospital outside the prism: orin any asylum as defined in the Indian Lunacy Act, 1912(No. 4of1912)eeudhimercause himto be mtosuchhospital 91' asylum, subject to the prisoner or any relative qrfriend ofthe prisoner executirg such bond and abiding by suchother cnnditions, ifany, as the State Governmem- mayprescribe.
(2) The period. spent by the prisoner for such treatmentin the hOSpital or asylum or in going thereto or returning therefrom shaIl'be deemed to be part ofthe period of his detentionin the prison. ' "Explanation I.—N0thing contained in this section shall. ‘ be deemed to affect the operation of sec—tion 30 of the Prisoners Act, 1900.
Record of directions of Mes:
Officer.
Hospital.
Power of Supcm ical tmdeuttosenda prisms: rehaspilal Druflnmfnr cial um spe- WW, firm: 3 went} 2000 3(1) sons 'Act, 1894 (No. 9 of 1894) (hereinafter referred to as the Principal Act), shall m the Slate of Mndltya Prudesh, be amended in the manner hereinafter provided.
\ ‘ccliult 36 0f lllc Principal Act. illc fn'llnwiug th‘linn slmH ht: inwrlttl. namely :--— 'l'hu pl‘ismtets shall lte paid wages fur the employment puwided lu them ul xuelu rztlc as may be preseribed from time to time. The amount of fifty per ce11t._of the total amount of wages earned by the prisener in a month slmil be kept and deposited in :1 separate common fund which she“ be exclusively used for the payment of compensation to the deserving victims or his family of the offence the commission of which entailed the sentence of imprisonment to the prisoner. The account of lltc Fund shull lit: nminlalincd by tho Superinlcndent urlnil in such l'urm mu! in such manner as may be prescribed. The tale of emnpcnsuiion m be paid to the victims Ishall be fixed by a committee consisting of such persons as may be prescribed".
Amendment of Central Act No. 9 (II' 189-! in its application to llle Slate ul' Madhyn I’rudesh.
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nmfimfiwwfiafimmfim, atmtfttifflflhfiaaufm . ll MADHYA PRADESH ACT No. 1 OF 2000 THE PRISONS (MADHYA PRADESH AMENDMENT) 110T, 1999.
[Received the assent of the Governor on the 29th December. 1999; assent first publishul in the dhya Pradesh (1an (Exun-urdinuryl” dulett 3n! Jtulumy. Ztttntl An Act further to amend the Prisons Act. 1894, in Its application to [heStathladhya Prades J Be it enacted by the Madhya Ih’adesh Legislature in the Fiftieth Yea d+ Republic of 1110 as follows :-- Short title. 1. This Act may be called the Prisons (Madhya Pradesh Mil, 1999.
10 ?unishment for escape or attempt to escapefmm hospital or asylum.
Provisions appliable no hands refferred to in Section 39-A.
Visits to Civil 111151 unconvicted', crumnal pntmers.
Search of visitors.
Penalty for intreducfion or .temnval of prohibited articles into or from prison tutti communication with pri- 51mm JAIL MANUAL [1111511111 .1121 (N0. 3 of 1.900), in cases to which that sectinn applies. ‘
Explanation IL—In this section, prisoner means a Cc:- victed criminal priscntr.
39-3. If any prisoner dealt with under section 39-161 escape or attempts to escape from the hospitai or asylum 10 which he has been sent or when going thereto or returning IhE'I'C-fi‘O-ms he shall be punished with imprisonmert fora term which may extend to me years, or 11-ithfincor,'vrith both.
(2) Such punishment shalt be 111 addition 10 .111: gamma;
ment for which the prisoner washable for the ofi'enceof which he was alreatiy convicted.
*39—(3. The provisions of Chapter XLII of 1111; Code of Criminal Proccchn-e, 1893 (No. Vof 1898), shall, so far as may be apply. to the bonds referred to in section 39-5.
CHAPTER IX—VISITS T0 PRISONERS
40. Due provision shall be made for the admissitn, at pmper times and under proper resetticticns into every prison of persorfi With Whomcivilcrunconvietedcriminal12155017115 may desire to communicate, carebeing taken [bet so far as may be consistent withtheintereSts Ofiustiee, prisoners under trialmay see their duly qualified legal advisers 'withcut the presence of any other pemen,
41. The Jailor may demand the name and address of any visitor to 11 prisoner and when the 131-111: has any ground for suspicion may search any visitar or cause him to be searched, but the search shall not be made in the presence of any prisoner or ofanother visitor. '
(2) In case of any such visitor tefttsing to permit himself to be searched, the Jailor may deny him admisSion; and the grounds ofsuch proceeding with the particuhrs 113151-1301"= shall be entered in such record as the State Government may direct.
CHAPTERK—OFFENCES IN RELATION TO PRISONS
42. Whoever, contrary to any rule under section 59 introduces er removes or attempts by any means whatever to introduce or remove into or from any prison or Supplies at attempts to Supply to any prisoner outside the limits of a prison, any prehibittt‘ article.
and Wet}? officer of a prison whq contrary to 393* such knewingly suifers any such articles to be introduced an to or " Inserted by Maiby: mdesh Act: No. 40 of 1031.
V ') L rlusoNS ACT] JAIL MANUAL removed from any prison, to he possessed byany prisoner, orto be supplied to any prisoner outside the limits Ufa prison.
and whoever, contrary to any such rule communicatesor attempts to communicate With any prisoner, and Whoever abets any offence made punishable by thissection.
Shall, on conviction before a Magistrate: be liable to im-prisonment for a term not exceeding six months, Or to finenot exceeding two hundred rupees, or to both.
43. When any person, in the presence of any nfiicer ofa prison, commits any offence specified in the last foregoing"seet'ion, and refuses on demand of such officer to state hisname and residence or gives a name or residence which sucheflicerkno“ s, or has reason to believe, to be false, such officerntey arrCSt him, and shall: Without unnecessary delay make1m over to a police ofliCer, 2nd thereupon such police officershall proceed as if the offence Lad been committed in thispresence.
“‘44. The Superintendent Shall cause It) be affixed in aConspmuous place outside the prison a notice in English and and Hindiin Devnagari script settirtg forth the acts prcnihitedunder Secion 4? and the penalties incurrcd. by their commi—591011.
.
:CHAPTER XI—l’RISON OFFENCES
45. The follotting acts are declared to be prison ofl'eneesWhen committed by a prisoner:—
(1) such waul disobedience to any regulation of the prison as shall hatte been deemed by mies madeunder section 59 to be a prison ofi'ences {2) any assault or use of criminal force;
(3) the use of insulting or threatening Image;
(4) immoral ct indecent or disorderly behaviour;
(5) wilfully disabling himself from labour;
(6} contumacibusly refusing to work;
(7) . filing, cutting) altering or removing handcufi's, fetter:or bars without due authority;
(1.) wiiful idlenesg or negligence at work by any pri'o'oncrsentenced to rigorous impfisonmtnt;
' Substituued P‘y Aiadhya Pradesh Act 40 of 1961.
ll Power to arrest for offence under seetien 42.
Publicgtimz penal ttes.
” 9 t .
1'2 JAIL MANUAL [PRISONS ac:
(9) wilful mismattagemtent of Work by any prisoner sentenced t0 rigorous imprisonment; -
(10) wilful damage to prison property;
(11) tempering with er defacing history-tickets, records or documents;
(12) receiving, possessing or transferring 211v prohibited articles;
(13) feigning illness;
(14) wilfully bringing a false accuéatien against any officer or prisoner;
(15) omitting or refusing to tepoxt, as seen 21. it comes to his knowledge, the occurrence of an}- fim, anv‘ plot or conspiracy, anv escape, attempt at preptmtton to escape, and eny attack er preparation for attack upenany prisoner or official, and
(16) conspiring to escape: or to assist in escaping or to ' commit any other of the ofiences aforesaid.
punishment“ ml, 46. The Superintendent may examine any person toucha fifenees. mg any such offence, and determine thereupon, and punish such ofieuce by:-
(1) a formal warning;
Explanation.«—A formal warning shall mean a warning personally addressed to a prisoner by the Superintendent and recorded in the punishment—boek and en the prisoner’s history ticket;
(2‘) change of labour“: some more irkseme or severe form fer each period as may be prescribed by rules made by the State Government;
(3) hard labour for a period not exceeding seven 6:315 in the case of ‘convicted criminal prisoners r.0t Sentenced. to ttgoreus imprisoemmt;
(4} such loss 0fprivi1eges admifiibte vtder the remission system fer the time being in force as Ina}- tobe prescribed by rules made by the State Govetnment;
{5) the substitution of gently or other coarse fabric for clothing at" other t:t:tett:eri111= not being Woollen, fer a period which shall not exceed three monthS;
(6) imposition of handcuffs of each pattern and weights in Such manner and. fox such period as may be prescribed by rules made by the State Government;
(7) imposition offettezs of such pattetn and. weight, in such manner and for such period, as may be prescribed by rules made by the State Govanmenl;
‘ 7
1.
7 L;
PREGNS ACT] JAIL MANUAL 13
(8) separate confinementorany pctiod-not exoecdingthmemonths; ' _ - Explattatt’on.—Separate confinement means such con-finement with or without labour as Secludea a‘ priSOner from communication with, but not fromsight of other prisoners, and allows him not less than one hour’s exercise pet diam and to have his meals in association with one or more other prisoners; -
(9) Penaldiet.——1hatis, restrictt‘eii of diet in. such man-ner and subject to such conditions regardinglabour as may be prescribed by the State Govern—ment;
Provided. that such restriction ofdiet shall in no casebe applied to a prisonei fut- mote than ninety-six con-secuIiVe hours and shall not be repeated except for a fresh ofl'ence nor until after an interval of one week;
(10) cellular confinement for any period not exceeding fourteen days;
Provided that after each period of cellular confinement anintern! of not less duration than such period must elapsebefore the prisonerisagain sentenced to cellular or solitaryconfinement;
Explamrion.—-Cellula.t confinement means such confine—ment with or without labour as entirely seclrdesa pri'soner froth communication with, but not fromsight of, other prisoners}
(ll) Penal diet as defined in cluase (9) combined with cellular confinement.
*(12) Omitted.
Provided thathotbingin this section shall renderanyfemaleor civil prisoner liable tn the imposition cf any form ofhand—Cllfls or fetters. .
47. _[1] Any tWo of the punishments enumerated in Pimah‘ty ofpmzish-the last foregoing section may be awarded. forany such ofi‘enee ffitmdfi5min combination, subject to the following cxcfiptior s, n'amely:— ' ' (1) formal warning shall nut be. combined with anyother punishment except loss of privileges underclause (4) of that section; '
(2) penal diet shall not be combined With change oflabour under clause (2) of that section, nor shall ‘ Omitted by Madhya Pmdesh Act, 40 af 1961.
14 JAIL MANUAL [rmsmfs ACT Award of punishment under section 46 and 47.
Punishment tobe inaccurdanu with forgoing sections.
Medical Officers to certify to fitneSE of prisoner for punishment.
. any additional period of penai diet awarded singty be combined with any period of penal diet awarded . tn combination with celluler confinement;
' (3) cellular confinement shall'not be combined with seoarate confinement, so as to prolong the total period Of seclusion to which the prisoner shall be liable; - *(4) Omitted.
(5) 110 Punishment will be combined With any other punishment in contravention of rules made by the State Government;
[2] No punishment shall beawatded forany such offence soasm combine, with the punishment awarded for any othcr such ofience, two of the punishments which may not be awarded in combination for any such offence.
43. (l) The Superintendent shall have power to awaird.
any of the punishments enumerated in the two last foregoing sections, subject, in the case of sepatate confinement for a period exceeding one month, to the previous confirmation of the Inspector—Genetal.
(2) No office: subordinate to the Superhttendent shall have power to award any punishment whatever.
49. Except by order ofa Court ofJustice, no punishment other than the punishments specified in the foregoing seettons shall be inflicted on any prisoner, and no punishment Ishall be inflicted on any ptismu omerwise than in accoruance with the provisions ofthose sections.
“50. (1) No punishment of penal diet,either singly 01' in eombinatifln, or deifinge of labour under sectionéfigdifuse
(2) shall beexecmed untiltheprisolcr to whomsuzh _ ‘ ment has been awarded has been examined by this Mm] Ofiicet, who, if he considers the prisoner fit to undergo the punishment, shall certify according!!! in thc IPPWTWQ coinmn of the punishment book prescribed in section 12.-
(2) If he considers the prism mil to_ undergo TIE punishment, he shall in like mulls remd his opinion 1“ writting and shallstate whethn-ite pianist: inabm'lutcly tmfit for punishment ofthe kind awarded, Dr wherhet he considers any modification my.
* Omitted by Madhya Eradesh Secnnfi Extention of Laws Act. 1931- “ Substituted by Madhya Pradesh Act, No. 40 at 1961'.
Parsons ACT ] JAIL MANUAL
(3) In the latter case he shall state what extent of pufiish-them he thinks the prisoner can undetgd Without injury to hishealth. ' S]. (1) In the punishment-book prescribed in section12, there shall be recerded in respect cfevery punishment inflicted, the pl'iSoner’s name, register number and the ciass(whether habitual or net) to which he belongs, the prison—ofi'cnce ofth ham guilty, the date on which such prisonofi'ence Was cammitned, the number ofprevious prisoneofienmsrecorded against the prisoner, and the date of his last prison— ofi’ence, the punishment awarded, and the date. of infliction.
(2) In themeofevery aerieus prison deflect the m8of the witnesses proving the oflenee shall be recorded.
{3) Against the entries relating to each punishment the Jailor and Superintendent shall affix their initials as evidence of the correctness of the entries. A
52. (I) If any prisoner is guilty of any ofimce agaimt prison—diseipline Which, by reason of his havifig frequently committed such ofi‘ences or otherwise in the opinion of the 'Superintemdem, is not adequately punishable by the infliction of any punishment which he has power under this Act to award, the Superintendent may forward such prisoner to the Court of any Magistrate of the first ciass having iurisdlC— tion, together with a statemt‘nt ofthe circumstances, and such Maeistrate shall thereupon inquire into and try the charge so brought against the prisoner, and, upon conviction, may sentence him to imprisonment which may extend to one year, such term to be in additian to any term fur which such prieoner Was undergoing imprisonment when he committed such efienoe or may sentence him to- any of the punishments -enumeratcd in seetion 46.
(2} Both-the provisians omitlcd.
53. Omitted.
54. (I) Etery Itiilm or omcet'of a priSon subordinate to him who shall be guilty of any violation of duty or wilful breach m- negIeCt of any rule or regulation orltmfnl order made by competent authority, or who shall withdraw from the duties ofhis office without permission, or without having given previous neitce in writing efhia intermien: fer thepetiod oftwa months or whoshen wilfully . ovemay any leaVegranted ' to him, or who shall engage without authority in any employ- .ment other than his prison duty; or who shall be guilty of '15 Entities in puniShmeat book.
Procedure on'committal of heinous ofl'ences.
Offences of prison :1; bordinales.
l6 Extramural custody, control and employment of prlSOncr.
Confinement in irons.
ConfineBIent of prisuners under sentence of transportation in irons.
Prisoners not to be ironed by Jailor except under necessity.
Power to make tuies.
JAIL MANUAL [PRISONS ACT' cowardiCe, shall be liable on qunViCtion= before a Magistrate, to fine not exceeding two hundred rupees, or to imprisonment for a period not exceeding three months or to both.
'(2) Omitted.
CHAPTER. KII—MISCELLANEOUS
55. A Prisoner, when being taken to or from any prison in which he may be lawfully confined, at whenever he is working outside or is otherwise beyond the limits of any such prison in 0!: Under the lawful custody or' control of a prison officer belonging to such prison, shall be deemed to be in prison and shall be subject to all the same incidents'as if he were actually in prison.
56. Whenever the Superintendent considers it recessaty (with referees: either to the state of prison or the Character of the prisoners) for the safe custody of any prisoners that they should be confined in irons he may subiects to such rules and isntructions as may be laid down by the Inspector General with the sanction of the State Government, so cenfine them.
57. (1) Prisoners under sentence of transpmrtatitm may subiect to any rules made under section 59 be confined in fetters fot the first three months after admission to,- prison. ‘ ' (2, Should the Superintendent cor.51der it necessary, either for the safe custody of the prisoner himself or fol:
any other reason, that fetters should be retained on anysuch prisoner for more than three months, he shall apply to the Inepecto: General for sanction to their retention for the oetiod for which he considers their retention necessary" and the Inspector General may sanction suchretention acco'dinglyshallbeputin irons or under mechanical restraint by the Iailo: of his oWn authority, except in case of urgent necessity in whirl} case notice thereof shall be forthwith given to the Superintendent.
make rules cousis- -
58. No prisoner,
59. The State Government may tent with this Act.—
(1) defining. the acts which shall constitute prison..— oflences -
(2) determining the ciassxficatton of pxtson-ofienoes.
into serious and minus ofience;
* Substituted by Madhya Pradesh Act, 12 of 1963.
PRISONS ACT I JAIL MANUAL 17
(3) fixing the punishments admissible under this. Actwhich shall be awardable for commision of prison ofi'ences or classes thereof;
(4}declar1'ng the circumstances in which acts constituting both a prison Vofl'ence and an offence under the Indian Penal Code (Act 45 of 1860), may or may not be dealt with as a prismwofi'ence;
{5) for the aWard of marks and the shortening of Sentences;
(6) regulating the use of arms against any prisoner 0r body'of primers in the case or an outbreak or attempt to escape;
(73 defining the circumstances and regulating the conditions under which prisoners in danger of death may be released;
(3) for the classification ofprz'sons, and deséription and cms‘ruction of Wards, cells and other pieces of tie :2tion;
(9). for the regulation by numbers, length or character of scntences or otherwiSe of the prisoners to be confined in each class of prisons;
('10)‘ for the Government of prisons and for the appointment of all oflicers appointed under this Act;
(11) as to the fuod, bedding and clothing of criminal prisoners and of civil prisoners maintained otherwise than at their own cost;
(12) for the employment instruction and control of convicts v. ithin 01' without prisons;
(13) for defining articles the intreducricn or removal of Which into or out ofprisons without due authority is ptohibited;
(14) for classifying and prescribing the fctms of labour and regulating the periods of rest from labour;
(15) far regulating the disposal of the picceeds 0f theemployment of prisoners; ‘
(16) for regulating the confinement in fetters of primers sentenced to transportation5_ (l 7) for the classificarien and the s_eparatiqn 9f ptisoheu;
(18) for regulating the confinement of convicted Criminal grisenersrunde: section 28;