The handcuffing and fettering of convicted prisoners and undertrial prisoners while travelling by rail or road shall be regulated as below :- A - Convicted prisoners - (a) ‘‘Handcuffs”” - Handcuffs shall be imposed on convicted prisoners when travelling by rail or road as below:-
(1) Male prisoners in the superior class, who have been sentenced to more than two years rigorous imprisonment, shall be handcuffed;
(2) Other prisoners in the superior class shall not be handcuffed unless the Supg:imepdent of Police for special reasons to be recorded in writing, orders otherwise;
3) Male prisoners in the ordinary class shall ordinarily be handcuffed;
(4) Female prisoners shall not be handcuffed unless it is essential to prevent escape, violence or suicide. Where handcuffs are imposed on such prisoners reasons thereof shall be recorded in writing by the senior police officer at headquarters:
" Provided that any general or speéial order issued by the State Government from time to time in regard to the handcuffing of any particular prisoner, or class of prisoners shall be followed:
Provided further that it shall be in the discretion of the officer in-charge of the ,flcg Escort to exempt sick or otherwise infirm prisoners from being handed.
(b) Fetters. - (1) Convicts in the superior class who have been sentenced to not more than two years rigorous imprisonment shall, when travelling by rail or road, not wear fetters unless the Superintendent of Police for special reasons to be recorded in writing, requires, their imposition. Such prisoners may be allowed to wear their own clothes in transit if they so desire.
(2) When travelling by rail or road, other convicts wh i f the offences specified below, shall wear fetters:- SRl Oty Offences punishable under sections 224, 225-B, 92t0 402, Indian Penal Code., : 302,303, 304, 307, 308, 3
(3) Female prisoners shall not wear fetters;
(4) The Superintendent of Prison in applying for the police escort shall cnter inthe requisition from the name, offence, sentence and classification of any convict whom he does not propose to fetter and who has been allowed to wear private clothes.
B - Undertrial Prisoners. - (1) In the case of undertrial pri Sen b the police for attendance in court or before a magisunflzlop}“fi.fgfufflflgg':fi ?1, competent magistrate for any other purpose, the responsibility for deciding 3510 which undertrial prisoners are to be handcuffed or fettered or both, and for seeing the decision is carried out shall rest with police authorities:
Provided that undertrial prisonefs charged with o o shall not be handculTed when in transit by il or road ach e e ooty unles there is reasonable ground for apprehending escape, violence or suicide 834 Scanned with CamScanner -_ ~ - G — P — — L e s e - from those not handcuffed when escorted to and from jail.
RN Punjab Prisoners (Attendance i Courts) Rul, ules, 1969, Rule 11 AP, .
PEND, where possible, the orders of " » senior police offic the Superintendent i imposing ha.ndcufef;;a tthe headquarters have becy of Police or of any other en taken with the reasons fi :
or
Provided further that any general or s oner or class of prisoners shall be followed. g of any particular prs- Indian Penal Code - Chapters VA, Vi an ¢ , VIand i except sections 170 and 171, Chapters IX-A a\;g g(s%:}tl?:s 1)5(3-A 10 160, Chapter IX A, 224,225-B and 226, Chapters XIIL XIV, XV scefion 31 30 s St sections 1, 6- 341 to 352, 355 to 358, sections 384 to 38 ters XVIIL, XIX, XX, XXI and XXII, a1195403 Code of Criminal Procedure - : . .
108 are in progress. re - Persons against whom proceedings under section Other Act - All non-cognizable offences.
(2) All undertrial prisoners handcuffed shall, as far as possible, be kept separate . (3)Incourt, handcuffs of undertrials shall invariably be taken off unless the presiding officer directs otherwise.
(4) In the case of undertrial prisoners charged with murder, fetters shall not be imposed when in transit to courts at the headquarters of the district, unless the prisoner concemed is also charged with some other crime of violence, oris known tobea dangerous or hardened criminal.
(5) Fetters shall not be imposed on undertrial priso ners in transit, except in the case of those charged with murder or dacoity and un less, there are special reasons for doing so, to be recorded in writing by th e senior police officer at headquarters./ e al pri it ial to pre- Female undertrial prisoners shall not be handcuffed unl ess it is essentx Véfl?: escape, violence; ml')suicide.
Where handcuffs are imposed rea sons therefor shall be recorded in writing by the senior police officer at headquarter s.
" . ) ; to imati rintendent of Prison to P olice for carrying prisone r l.'LntSlmzl"'::(x)ln;()Zy)(se‘)l]‘Tc-
(1) A notice of intended production oft' lll)nsgfi?;
:fifi?fi?
i o1 s futy with s oue ey Ity c- G Sunqlzfl }r gc::lired to proceed beyo nd the district. The istri inadvancei | $§llclill§lt:llgxt; :;gfgg g‘;rven}tllsx:; i;:::
m:v&ar, telephonic m essage may be sen t as advance intimation of the wr ittcn requisition.
- isiti lice guard shall state the number and : violentpand @) The e e female and wh ether there are a ny oners to be escort ed, whether male or them or not ' mprisonment shall be dangerous characters amongst 1 to transportation OF Jife or long term impris onment sha Note. - Dacoits and prisoners sentencc £ sub-rule (2)- A 15 for the purpose ©!
classified as **Dangerovs PrisoRers i and (@) ¢ rovide escort of Prisqnersfiégsneaclglnb?'(gég(o?ice, W](lge)l}- 12, Duty of Police {0 P01 or the Act shall be u e or to answer a charge, -(1) The escort of prisoners L' e risoner t0 give evidenc O et ofPriS ey n \ uction O urt by the Sup | b m:h?f rtf?sr rt::el':\s::)g froma competent <0 ] d ) . : i under <t Scanned with CamScanner $90 _ Punjab Prisoners (Attendance in Courts) Rules, 1969, Rule 13 APPENDIXT Such Officer shall (unless such order may be and is disobeyed under the authority of provisions of section 6 of the Act) send a copy of court’s order to the Superintendent of Police in whose jurisdiction such a prison is situated, who thercupon shall cause the necessary police guard to be detailed in accordance with the terms of the order and prisoner shall be made over to the custody of this guard. Such Superintendent of Po - lice shall be responsible for providing the escort hereinafter described and, for safe custody of the prisoner named in such order until he is re-delivered to a prison. When- | ever a prisoner is produced before a court, situated outside the district in which he is confined the officer in-charge of the prisoner shall report the fact of such production to the District Magistrate and the Superintendent of Police of the district, from which | the prisoner is so produced. - ‘ . (2) When undertrial prisoners are excused from wearing handcuffs, the strength of escort shall be two Constables for each undertrial prisoner with Head Constable as in the scale laid down in rule 8 except for journeys made in police vans when the usual | strength of escort may be provided where an escort.is required in case of dangerous | prisoners, a special guard shall be supplied. ¥ Note. - Dangerous Prisoners will mean as defined in the note to rule 11, ‘ 13. Police to be responsible for safe custody of prisoners. [Section 9 (2)(e)f) and
(2)]- - From the time of delivery of the prisoners, the responsibility for their safe custody shall rest with the Officer-in-charge of the police escort until their return to the prison and endorsement by the Superintendent of Prisons of a certificate on the list to the effect that the prisoners have returned in security to the prison or have not returned owing to good and sufficient cause. The Officer-in-charge of the police escort shall make such additions and alterations as may be necessary in the list before the prisoners are returned to prison.
I3