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Section 41

Delhi Prisons Act,2000Union territory Act of Delhi · Act 2 of 2002

(1) The Deputy Superintendent may demand the name and address of any visitor to a prisoner, and when the Deputy Superintendent has any ground for suspicion, may search any visitor, or cause him 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 Deputy Superintendent may deny him admission and the grounds of such record as the Government may direct.

Letters 42. (1) A prisoner shall have the facility of writing such number of letters to his relatives and friends as may be prescribed.

(2) A prisoner may be allowed to write any number of letters at his cost.

(3) The Superintendent shall examine every letter written by a prisoner and may ask the prisoner concerned to delete any portion of the letter which, in his opinion, is likely to endanger the security of the State or prison or contains false information about the affairs of the prison.

(4) The Superintendent shall examine every letter sent to any prisoner from outside and delete any portion thereof which, in his opinion, is likely to endanger the security of the State or prison before it is delivered to the prisoner.

(5) The facility of writing letters is contingent on good conduct and may be withdrawn or postponed by the Superintendent on bad conduct.

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CHAPER X OFFENCES IN RELATION TO PRISONS Penalty for introduction or removal of, into or from prison and communicati on with prisoners

43. Whoever, contrary to any rule under section 71 introduces or removes or attempts by any means whatever to introduce 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 or member of staff of a prison who, contrary to any such rule, knowingly 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 such rule, communicates or attempts to communicate with any prisoner, and whoever abets any offence made punishable by this section, shall, on conviction before a Magistrate, be liable to imprisonment for a term not exceeding six months, or to fine not exceeding six months, or to fine not exceeding ten thousand rupees, or to both.

Power to arrest for offence under Section 43

44. When any person, in the presence of any officer of a prison, commits any offence specified in the last foregoing Section and refuses on demand of such officer to state his name and residence or gives a name or residence, which such officer knows or has reason to believe, to be false, such officer may arrest him, and shall without unnecessary delay make him over to a police officer and thereupon such police officer shall proceed as if the offence had been committed in his presence.

Publication of penalties

45. The Superintendent shall cause to be affixed, in a conspicuous place outside the prison, a notice in official languages of the Delhi setting forth the acts prohibited under Section 43 and the penalties incurred by their commission.

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CHAPER XI PRISON OFFENCES Prison offences

46. The following acts are declared to be prison offences when committed by a prisoner:

(1) such willful disobedience to any regulation of the prison as shall have been declared by rules made under Section 71 to be a prison offence;

(2) any assault or use of criminal force;

(3) willfully injuries himself;

(4) the use of insulting or threatening language;

(5) immoral or indecent or disorderly behaviour;

(6) willfully disabling himself from labour;

(7) contumaciously refusing to work;

(8) filling, cutting, altering or removing handcuffs, fetters or bars without due authority;

(9) willful idleness or negligence of work by any prisoner sentenced to rigorous imprisonment;

(10) willful mismanagement of work by any prisoner sentenced to rigorous imprisonment;

(11) willful damage to prison property;

(12) tampering with or defacing history tickets records or documents;

(13) receiving, possessing or transferring any prohibited article;

(14) feigning illness;

(15) willfully bringing a false accusation against any officer or prisoner;

(16) omitting or refusing to report, as soon as it comes to his knowledge, the occurrence of any fire, any plot or conspiracy, any escape, attempt or preparation to escape, and any attack or preparation for attack upon any prisoner or prison official;

(17) conspiring to escape, or to assist in escaping;

(18) converting or attempting to convert a prisoner to a different religious faith or willfully hurting other religious feelings, beliefs and faith;

(19) failing to assist, or preventing other persons from assisting prison officials in suppressing violence, assault, riot, mutiny, attack, gross personal violence or in any other emergencies;

(20) sending messages surreptitiously by writing or speech or signs;

(21) participating in any riot or mutiny or abetting with another prisoner or prisoners to commit riot or mutiny;

(22) stealing, damaging, destroying, disfiguring or misappropriating any prison property or prisoners articles and property;

(23) refusing to eat food or going on hunger strike;

Provided that this shall not be applicable to male/Female prisoners on religious grounds and all possible facilities shall be :16:

extended to such prisoners in performance of their religious obligations.

(24) cooking unauthorisedly inside the cell or any place inside the prison;

(25) participating in, or organizing of, unauthorized activities, like gambling, drinking, dealing in intoxicated articles and the like;

(26) aiding or abetting the commission of any of the aforesaid offences; and,

(27) any other unauthorized, unlawful or illegal act as may be specified in the rules.

Punishment of such prison offences

Where this provision sits

ActDelhi Prisons Act,2000
Section41
JurisdictionUnion territory of Delhi
StatusIn force as published by the source

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