(1) formal warning shall not be combined with any other punishment except loss of privileges under clause (4) of that section ;
(2) ‡‡ X X X X ;
Plurality of punishments under Section 46.
* Subs. by Act XVII of 1925, s. 2, for “six”.
† Deleted by Bombay Act XXIII of 1959 (s. 3).
‡ Original clause (11) rep. and clause (12) and (13) renumbered as (11) and (12) respectively by Act XVII of 1925 (s. 2) and clause (11) further deleted by Bombay Act XXIII of 1959 (s.3).
§ Deleted by ibid.
ll Deleted by Bombay Act XXXIX of 1957 (s. 4).
** Deleted by ibid.
†† The original s. 47 renumbered as sub-Section (1) of that section by Act XVII of 1925 (s. 3).
++ Deleted by Bombay Act XXIII of 1959 (s. 3).+ 685 *[(3) cellular confinement shall not be combined with separate confinement so as to prolong the total period of seclusion to which the prisoner shall be liable;]
(4) †X X X† , [(5) no punishment shall be combined with any other punishment in contravention of rules made by the § [State] Government].
[(2) No punishment shall be awarded for any such offence so as to combine with the punishment awarded for any other such offence, two of the punishments which may not be awarded in combination for any such offence.]
48. (1) The Superintendent shall have power to award any of the punishments enumerated in the two last foregoing sections, subject, in the case of separate confinement for a period exceeding one month, to the previous confirmation of the Inspector General.
(2) No officer subordinate to the Superintendent shall have power to award any punishment whatever.
¶ [“48A. If any prisoner fails without sufficient cause to observe any of the conditions on which his sentence was suspended or remitted or furlough **[or release on parole] was granted to him, he shall be deemed to have committed a prison offence and the Superintendent may, after obtaining his explanation, punish such offence by
(1) a formal warning as provided in clause (1) of Section 46 ;
(2) reduction in grade if such prisoner has been appointed an officer of prison;
(3) loss of privileges admissible under the remission or furlough **[or parole] system; or
(4) loss of such other privileges as the State Government may by a general or special order directed”.
49. Except by order of a Court of Justice, no punishment other than the punishments specified in the foregoing sections shall be inflicted on any prisoner, and no punishment shall be inflicted on any prisoner otherwise than in accordance with the provisions of those sections.
A ward of punishments under sections 46 and 47.
*Subs. by Act XVII of 1925, s. 3, for the original exception (3).
† Deleted by Bombay Act XXXIX of 1957 (s. 4).
‡ Ins. by Ac’ XVII of 1925, s. 3.
§ Subs. successively by the A. 0. 1937 and A. 0. 1950 for “Governor-General-in-Council.
¶ Inserted by Bombay Act XXVII of 1953 (s. 5).
** Inserted by Bombay Act XXIII of 1959 (s. 3).
Punishment for breach of conditions of suspension of sentence, etc.
Punishments to be in accordance with foregoing sections.
686
50. (1) No punishment *[x x x] or †(x x x) of change of labour under section 46, clause (2), shall be executed until the prisoner to whom such punishment has been awarded has been examined by the Medical Officer, who, if he considers the prisoner fit to undergo the punishment, shall certify accordingly in the appropriate column of the punishment-book prescribed in Section 12.
(2) If he considers the prisoner unfit to undergo the punishment, he shall in like manner record his opinion in writing and shall state whether the prisoner is absolutely unfit for punishment of the kind awarded, or whether he considers any modification necessary.
(3) In the latter case he shall state what extent of punishment he thinks the prisoner can undergo without injury to his health.
51. (1) In the punishment-book prescribed in Section 12 there shall be recorded, in respect of every punishment inflicted, the prisoner’s name, register number and the class (whether habitual or not) to which he belongs, the prison offence of which he was guilty, the date on which such prison offence was committed, the number of previous prison-offences recorded against the prisoner, and the date of his last prison offence, the punishment awarded, and the date of infliction.
(2) In the case of every serious prison-offence, the names of the witnesses proving the offence 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.
§51A. If any condition on or subject to which a sentence has been suspended or remitted or release on parole or furlough is granted is in the opinion of the authority exercising such power, not fulfilled, such authority may cancel its order granting such suspension, remission or release on parole or furlough, and thereupon the person in whose favour such order was made may, if at large, be arrested by any Police Officer without warrant and remanded to undergo the unexpired portion of his sentence.
Medical Officer to certify to fitness of prisoner for punishment.
* Deleted by Bombay Act XXIII of 1559 (s.3).
† Deleted by Bombay Act XXXIX of 1957 (s.4).
‡ The words beginning with the words “and in the case and ending with the words” “reasons therefor” deleted by Bombay Act, XXXIX of 1957 (s. 4).
§ Inserted by Bombay Act. XXIII of 1959 (s. 3).
Entries in punishmentbook.
Power to arrest without warrant person committing breach of conditions of suspension of sentence, etc.
687 *51B. (1) If any prisoner fails without sufficient cause to observe any of the conditions on or subject to which his sentence was suspended or remitted, or release on parole or furlough was granted to him, he shall, on conviction, be punished (such punishment being in addition to any punishment which such prisoner was undergoing when he committed such offence) with imprisonment for a term which may extend to two years or with fine which may extend to one thousand rupees, or with both.
(2) No court shall take congnizance of an offence under this section except with the previous sanction of the State Government or the authority which granted suspension or remission of the sentence].
52. If any prisoner is guilty of any offence against prison discipline 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 prisoner to the Court† [x x x] of any Magistrate of the’ first class ‡[or Presidency 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 prisoner, and, upon conviction, may sentence him to imprisonment which may extend to one year, such term to be in addition to any term for which such prisoner was undergoing imprisonment when he committed such offence, or may sentence him to any of the punishments enumerated in section 46 :
§ [Provided that any such case may be transferred for inquiry and trial ¶[X X X by a Chief Presidency Magistrate to any other Presidency Magistrate : and]
Provided also that no person shall be punished twice for the same offence.
**53. X X X X.
54. (1) Every Jailor or officer of a prison subordinate to him who shall be guilty of any violation of duty or wilful breach or neglect of any rule or regulation or lawful order made by competent authority, or who shall withdraw from the duties of his office without permission, or without having given previous notice in writing of his intention for the period of two months, or who shall wilfully overstay any leave granted to him, or who shall Criminal liability for breach of conditions of suspensions of sentence etc.
* Inserted by ibid † The words “ of the District Magistrate or “ deleted by Bombay Act, XXIII of 1951.
‡ Ins by Act, XIII of 1910 s. 2.
§ Subs. by s. 2 ibid for the original proviso.
¶ The words “ by the District Magistrate to any Magistrate of the first class and “deleted by ibid.
** Deleted by Bombay Act, XXXIX of 1957 (s. 4.)
Procedure on committed of heinous offence.
Offences by prisonsubordinates.
688 engage without authority in any employment other than his prison duty, or who shall be guilty of cowardice, shall be liable, on conviction, before a Magistrate, to fine not exceeding two hundred rupees, or to imprisonment for a period not exceeding three months, or to both.
(2) No person shall under this section be punished twice for the same offence.
CHAPTER XII Miscellaneous
55. A prisoner, when being taken to or from any prison in which he may be lawfully confined, or whenever he is working outside or is otherwise beyond the limits of any such prison in or 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 necessary (with reference either to the State of the prison or the character of the prisoners) for the safe custody of any prisoners that they should be confined in irons, he may, subject to such rules and instructions as may be laid down by the Inspector General with the sanction of the State Government, so confine them.
57. (1) Prisoners under sentence of transportation may, subject to any rules made under section* [59], be confined in fetters for the first three months after admission to prison.
(2) Should the Superintendent consider it necessary, either for the safe custody of the prisoner himself or for any other reason, that fetters should be retained on any such prisoner for more than three months, he shall apply to the Inspector General for sanction to their retention for the period for which he considers their retention necessary, and the Inspector General may sanction such retention accordingly.
58. No prisoner shall be put in irons or under mechanical restraint by the Jailor of his own authority, except in case of urgent necessity, in which case notice thereof shall be forthwith given to the Superintendent.
59. †[The State Government may] make rules consistent with this Act—
(1) defining the acts which shall constitute prison offences ;
Extramural custody, control and employment of prisoners.
* Subs. by the A. 0. 1937, for “60”.
† Subs., ibid, for “The Governor-General-in-Council may for any part of British India and each Local Government with the previous sanction of the Governor-General-in- Council may for the territories under its administration,” Confinement in irons Confinement of prisoners under sentence of transportation in irons.
Prisoners not be ironed by Jailor except under necessity.
Power to make rules.
689
(2) determining the classification of prison offences into serious and minor offences ;
(3) fixing the punishments admissible under this Act which shall be awardable for commission of prison offences or classes thereof;
(4) declaring the circumstances in which acts constituting both a prison offence and an offence under the Indian Penal Code (Act 45 of 1860) may or may not be dealt with as a prison offence;
*(5) for the award of marks, the suspension, or remission and consequent shortening of sentences, and the grant of release on parole or furlough and determining the conditions on which and the authority by which the sentences may be suspended or remitted and the prisoners may be released on parole or furlough.
(6) regulating the use of arms against any prisoner or body of prisoners in the case of an outbreak or attempt to escape ;
(7) defining the circumstances and regulating the conditions under which prisoners in danger of death may be released;
†(8} for the classification of prisons, and description and construction of wards, cells and other places of detention;
(9) for the regulation by numbers, length or character of sentences, 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 officers appointed under this Act;
(11) as to the food, 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 within or without prisons ;
(13) for defining articles the introduction or removal of which into or out of prisons without due authority is prohibited ;
(14) for classifying and prescribing the forms of labour and regulating the periods of rest from labour;
(15) for regulating the disposal of the proceeds of the employment of prisoners ;
(16) for regulating the confinement in fetters of prisoners sentenced to transportation ;
* Subs. for clause 5 by Bombay Act XXIII of 1959 (s. 3).
† Subs. by the A. O.1937, for original clauses (8) and (9).
690
(17) for the classification and the separation of prisoners;
(18) for regulating the confinement of convicted criminal prisoners under Section 28 ;
(19) for the preparation and maintenance of history tickets:
(20} for the selection and appointment of prisoners as officers of prisoners ;
(21; for rewards for good conduct;
(22 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 transferred ;
(23; for the treatment, transfer and disposal of criminal lunatics of recovered criminal lunatics confined in prisons;
(24, for regulating the transmission of appeals and petitions from prisoners and their communications with their friends;
(25,) for the appointment and guidance of visitors of prisons;
(26) for extending any or all of the provisions of this Act and of the rules thereunder to subsidiary jails or special places of confinement appointed under Section 541 of the *Code of Criminal Procedure, 1882 (10 of 1882), and to the officers employed, and the prisoners confined, therein ;
(27) in regard to the admission, custody, employment, dieting, treatment and release of prisoners; and
(28) generally for carrying into effect the purposes of this Act.
†60. [Power of Local Government to make rules.] Omitted by the Government of India (Adaptation of Indian Laws) Order, 1937.
61. Copies of rules, under ‡[Section 59] so far as they affect the Government of prisons, shall be exhibited, both in English and in the § [regional language] in some place to which all persons employed within a prison have access.
62. All or any of the powers and duties conferred and imposed by this Act on a Superintendent or Medical Officer may in his absence be exercised and performed by such other officer as the State Government may appoint in this behalf either by name or by his official designation.
THE SCHEDULE.—[Enactments Repealed.] Rep. by the Repealing Act, 1938 (I of 1938), s. 2 and Sch.
Exhibition of copies of rules.
* The relevant provisions of the Code of Criminal Procedure, !898 (5 of 1898) to be referred to.
† The provision of this section have been incorporated with slight modifications in clauses
(8) to (27) of s. 59.
‡ Subs. by the A. 0. 1937, for “ Sections 59 and 60.’’ § Subs. for the words “ Vernacular “ by Bombay Act XXIII of 1959 (s. 3).
Exercise of powers of Superintendent and Medical Officer.