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Section 3: Definitions

The Rajasthan Prisons Rules, 2022State Rules of Rajasthan · 1894

(1) In these rules, unless the context otherwise requires,-

(a) “Act” means the Prisons Act, 1894 (Central Act No. 9 of 1894);

(b) “Adolescent Prisoner” means any person,-

(i) who has been convicted of any offence punishable with imprisonment, or who, having been ordered to give security under section 117 of the Code of Criminal Procedure, 1973 (Central Act No.

2 of 1974), has failed to do so and who at the time of such conviction or failure to give security, is not less than eighteen years, but not more than twenty one years of age; or

(ii) who has been committed to prison custody during the pendency of his trial and who, at the time of commitment, is not less than eighteen years but not more than twenty one years of age;

(c) “After Care Services” means the activity aimed at financial rehabilitation of released prisoners as normal and good citizens;

(d) “Civil Prisoner” means any prisoner who is not committed to custody under a writ, warrant or order of any court or authority exercising criminal jurisdiction or by order of a court martial and who is not a detenue;

491 राजस्ााू राज-पत्र दिसम् बर 12 2022 भाग 4 (ग)

(e) “Competent Authority” means any officer having jurisdiction and due legal authority to deal with a particular matter in question;

(f) “Confinement” means confinement in a prison and includes detention therein under any law providing for preventive detention;

(g) “Convicted prisoner or Convict” means any prisoner under sentence of a court exercising criminal jurisdiction or court martial and includes a person detained in prison under the provisions of Chapter VIII of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974) and the Prisoners Act, 1900, (Central Act No. 3 of 1900);

(h) “Correctional Personnel” means personnel engaged or appointed to provide correctional services in the prison;

(i) “Correctional Services” means services aimed at the reformation and rehabilitation of the offender and proper administration, management and functioning of prisons;

(j) “Court” means a court established by any law for the time being in force and includes any officer or authority vested with the powers of exercising civil, preventive or criminal jurisdiction under any law for the time being in force;

(k) “Criminal Prisoner” means any prisoner duly committed to custody under the writ, warrant or order of any court or authority exercising criminal jurisdiction or by order of a court martial as defined in the Army Act, 1950 (Central Act No. 46 of 1950);

(l) “Deputy Inspector General of Prisons” means an officer, who is appointed by the State Government as such;

(m) “Detenue” mean any person detained in prison by warrant, writ or order issued under any law providing for preventive detention or any person detained without any opportunity of trial under any law for the time being in force;

(n) “Form” means form specified by the State Government, from time to time;

(o) “Geriatric Prisoner” means a prisoner who is sixty years of age or above and medically unable to manage his or her daily normal work independently without any assistance;

(p) “Government” means the Government of Rajasthan;

(q) “Head of Directorate of Prisons” means the Director General of prisons;

(r) “Habitual offender” means an offender who has been convicted in a particular offence for more than one occasion;

(s) “History Ticket” means the ticket exhibiting such information as is required in respect of each prisoner by the Act or the rules made thereunder;

(t) “High Security Prisoner” means a prisoner committed to prison custody, having criminal antecedents like escape, involved in heinous crimes such as dacoit, robbery, gangster, hired assassin, drug peddler, attacker on police, left wing extremism, and terrorism, warranting high physical security for him;

(u) “Imprisonment” means as defined in the Indian Penal Code, 1860 (Central Act No. 45 of 1860);

(v) “Inspector General” means the Inspector General of Prisons and includes Deputy Inspector General of Prisons;

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(w) “Infirmed Prisoner” means a prisoner having physical disability, unable to manage his or her daily normal work independently without any assistance;

(x) “Legal officer” means officer of the Rajasthan Legal (State and Subordinate) Service appointed by the State Government in the Prison or Jail Department;

(y) “Magistrate” means any person exercising all or any of the powers of a Magistrate under the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974);

(z) “Medical Officer” means in relation to prisons, a qualified medical practitioner declared by general or special orders of the Government to be a medical officer;

(za) “Military Prisoner” means a prisoner convicted by court martial;

(zb) “Non-habitual Offender” means all other prisoners who are not habitual offender;

(zc) “Offence” means any act or omission made punishable by any law for the time being in force;

(zd) “Open Air Camps” means the place which is declared to be an Open Air Camp for the detention of prisoners in pursuance of clause (1) of section 3 of the Prisons Act, 1894 (Central Act No. 9 of 1984) as adopted to the State of Rajasthan;

(ze) “Prison” means any jail or place used permanently or temporarily under the general or special orders of the State Government for the detention of prisoners, includes all land and buildings, apartment thereto, but shall not include,-

(i) any place for the confinement of prisoners who are exclusively in the custody of the police; and

(ii) any place specially appointed by the State Government under section 417 of the Code of Criminal Procedure 1973 (Central Act No. 2 of 1974);

(zf) “Prisoner” means any person confined in prison under the order of a competent authority;

(zg) “Probation Officer” means an officer appointed as such by the Government to undertake probation work under the Probation of Offenders Act, 1958 (Central Act No. 20 of 1958) or any other law for the time being in force;

(zh) “Prohibited article” means an article which cannot be introduced or removed into or out of a prison according to the Act or rules;

(zi) “recidivist” means an offender who has committed another crime after the first offence;

(zj) “Register” means register maintained in the format specified by the State Government, from time to time;

(zk) “Remission” means reduction in sentence granted as a reward for good conduct and behavior in the prison as well as for labour special contributions and cooperation of the prisoner in administering the prison;

(zl) “Remission System” means the rules in force for regulating the remission of sentence of prisoner;

(zm) “Superintendent” means an officer who is appointed as such by the competent authority and includes Deputy Superintendent of Prisons;

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(zn) “Transgender” means transgender as defined under the Transgender Persons (Protection of Rights) Act, 2019 (Central Act No. 40 of 2019);

(zo) “Under-trial prisoner” means a person who has been committed to prison custody with pending investigation or trial by a competent authority; and

(zp) “Young Offender” means a person who has attained the age of eighteen years and has not attained the age of twenty one years.

(2) Words and expressions used in these rules but not defined in these shall have the same meaning as in the Prisons Act, 1894 (Central Act No. 9 of 1894).

CHAPTER II INSTITUTIONAL FRAMEWORK

Where this provision sits

ActThe Rajasthan Prisons Rules, 2022
Section3
Marginal noteDefinitions
JurisdictionState of Rajasthan
StatusIn force as published by the source

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