#THE PRISONS ACT, 1894 
__________ 

##ARRANGEMENT OF SECTIONS 
__________ 

###CHAPTER I 

###PRELIMINARY 

SECTIONS 

1. Title, extent and commencement. 
2. [Repealed.]. 
3. Definitions. 

###CHAPTER II 

###MAINTENANCE AND OFFICERS OF PRISONS 

4. Accommodation for prisoners. 
5. Inspector General. 
6. Officers of prisons. 
7. Temporary accommodation for prisoners. 

###CHAPTER III 

###DUTIES OF OFFICERS 

*Generally*

8. Control and duties of officers of prisons. 
9. Officers not to have business dealings with prisoners. 
10. Officers not to be interested in prison-contracts.

*Superintendent*

11. Superintendent. 
12. Records to be kept by Superintendent. 

*Medical Officer*

13. Duties of Medical Officer. 
14. Medical Officer to report in certain cases. 
15. Report on death of prisoner. 

*Jailer*

16. Jailer. 
17. Jailer to give notice of death of prisoner. 
18. Responsibility of Jailer. 
19. Jailer to be present at night. 
20. Powers of Deputy and Assistant Jailers. 

*Subordinate Officers*

21. Duties of gate-keeper. 
22. Subordinate officers not to be absent without leave. 
23. Convict officers. 

###CHAPTER IV 

###ADMISSION, REMOVAL AND DISCHARGE OF PRISONERS 

24. Prisoners to be examined on admission. 
25. Effects of prisoners. 
26. Removal and discharge of prisoners. 

###CHAPTER V 

###DISCIPLINE OF PRISONERS 

27. Separation of prisoners. 
28. Association and segregation of prisoners. 
29. Solitary confinement. 
30. Prisoners under sentence of death. 

###CHAPTER VI 

###FOOD, CLOTHING AND BEDDING OF CIVILAND UNCONVICTED CRIMINAL PRISONERS 

31. Maintenance of certain prisoners from private sources. 
32. Restriction on transfer of food and clothing between certain prisoners. 
33. Supply of clothing and bedding to civil and unconvicted criminal prisoners. 

###CHAPTER VII 

###EMPLOYMENT OF PRISONERS 

34. Employment of civil prisoners. 
35. Employment of criminal prisoners. 
36. Employment of criminal prisoners sentenced to simple imprisonment. 

###CHAPTER VIII 

###HEALTH OF PRISONERS 

37. Sick prisoners. 
38. Record of directions of Medical Officers. 
39. Hospital. 

###CHAPTER IX 

###VISITS TO PRISONERS 

40. Visits to civil and unconvicted criminal prisoners. 
41. Search of visitors. 

###CHAPTER X 

###OFFENCES IN RELATION TO PRISONERS 

42. Penalty for introduction or removal of prohibited articles into or from prison and communication 
  with prisoners. 
43. Power to arrest for offence under section. 
44. Publication of penalties. 

###CHAPTER XI 

###PRISON-OFFENCES 

45. Prison-offences. 
46. Punishment of such offences. 
47. Plurality of punishments under section 46. 
48. Award of punishments under sections 46 and 47. 
49. Punishments to be in accordance with foregoing sections. 
50. Medical Officer to certify to fitness of prisoner for punishment. 
51. Entries in punishment-books. 
52. Procedure on committal of heinous offence. 
53. Whipping. 
54. Offences by prison-subordinates. 

###CHAPTER XII 

###MISCELLANEOUS 

55. Extramural custody, control and employment of prisoners. 
56. Confinement in irons. 
57. Confinement of prisoners under sentence of transportation in irons. 
58. Prisoners not to be ironed by Jailer except under necessity. 
59. Power to make rules. 
60. [Repealed.]. 
61. Exhibition of copies of rules. 
62. Exercise of powers of Superintendent and Medical Officer. 
THE SCHEDULE.—[Repealed.]. 



#THE PRISONS ACT, 1894 

##ACT NO. 9 OF 1894 
[^1]

[22nd March, 1894] 

An Act to amend the law relating to Prisons. 

  WHEREAS,  it  is  expedient  to  amend  the  law  relating  to  prisons  in India except  the  territories 
which, immediately before the 1st November, 1956, were comprised in Part B States, and to provide 
rules for the regulation of such prison; It is hereby enacted as follows:— 

###CHAPTER I 

###PRELIMINARY 

1. **Title, extent and commencement.**—(1) This Act may be called the Prisons Act, 1894. 

(2) It  extends  to  the  whole  of  India  except the  territories  which,  immediately  before  the  1st 
November, 1956, were comprised in Part B States.” 

(3) It shall come into force on the first day of July, 1894. 

(4) Nothing  in  this  Act  shall  apply  to  civil  jails  in  the State of  Bombay as  it  existed 
immediately before the 1st November, 1956 outside the city of Bombay, and those jails shall continue 
to  be  administered  under  the  provisions  of  sections  9  and  16  (both  inclusive)  of [^7]Bombay  Act  2  of 
1874, as amended by subsequent enactments. 

[^1]. Amended in its application to — 

(1) the Province of Madras by— 

  (i) the Prisons and Indian Lunacy (Madras Amendment) Act, 1938 (Mad. Act 14 of 1938); 
  (ii) the Prisons (Madras Amendment) Act, 1940 (Mad. Act 5 of 1940); 
  (iii) the Prisons (Madras Amendment) Act, 1947 (Mad. Act 18 of 1947); and 
  (iv) the Prisons (Madras Amendment) No. II  Act,1947 (Mad. Act 19 of 1947). 

(2) the Punjab by s. 2 of the Prisons (Punjab Amendment) Act, 1926 (Punjab Act 9 of 1926).  
(3) Delhi by Delhi Act 6 of 1956.  
(4) Assam by Assam Act 12 of 1956. 
(5) Orissa by Orissa Act 23 of 1956 and 29 of 1958.  
(6) West Bengal by West Bengal Act 22 of 1957.  
(7) Himachal Pradesh by Himachal Pradesh Act 10 of 1974.  
(8) Kerala by Kerala Act 10 of 1976. 

The  Act has be en extended to — 

(1) NEFA  by  Reg.  30  of  1960.  subject  to  certain  modifications,  vide  s.  3  and  the  Schedule,  ibid. 
(w.e.f. 1-11-1960). 

(2) the whole of Madhya Pradesh by Madhya Pradesh Act 40 of 1961.  
(3) Go a ,   D a ma n   a n d   D iu  by  R e g.   1 1  o f  19 63 ,   s.  3   a nd  t h e  S c h e du l e .   
(4) Dadra and Nagar Haveli (w.e.f. 1 -7-1965) by Reg. 6 of 1963, s. 2 and the Fir st Schedule. 
(5) Lakshadweep (w.e.f. 1-10-1967): vide Reg. 8 of 1965, s. 3 and the Schedule. 
(6) the Union territory of Pondicherry by Act 26 of 1968. s. 3 and the Schedule.  
(7) Extended to the union territory of Jammu and Kashmir and Union territory of  Ladakh by Act 34 of 

2019, s. 95 and the Fifth Schedule (w.e.f. 31 -10-2019). 

Rep. in part (in West Bengal) by West Bengal Act 7 of 1948.  
Rep. in its application to Bellary District by Mysore Act 14 of 1955.  

[^7]. The Civil Jails Act, 1874. 



2. *[Repeal.]Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and the Schedule.*

3. **Definitions.**—In this Act— 

(1) “prison”  means  any  jail  or  place  used  permanently  or  temporarily  under  the  general 
or  special  orders  of  a  State  Government  for  the  detention  of  prisoners,  and  includes  all 
lands and buildings appurtenant thereto, but does not include — 

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

  (b) any place specially appointed by the State Government under section 541 of the [^1]Code of 
Criminal Procedure, 1882 (10 of 1882); or 

  (c) any place which has been declared by the State Government, by general or special order, to 
be a subsidiary jail; 

(2) “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 ; 

(3) “convicted criminal prisoner” means any criminal prisoner under sentence of a Court or 
Court-martial,  and  includes  a  person  detained  in  prison  under  the  provisions  of  Chapter  VIII 
of the [^1]Code  of  Criminal  Procedure,  1882  (10  of  1882),  or  under  the [^2]Prisoners  Act,  1871 
(5 of 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 jail ; 

(6) “history-ticket”  means the ticket exhibiting such information as is required in respect of each 
prisoner by this Act or the rules thereunder ; 

(7) “Inspector General” means the Inspector General of Prisons ; 

(8)  “Medical  Subordinate”  means  an  Assistant  Surgeon,  Apothecary  or  qualified  Hospital 
Assistant; and 

(9) “prohibited article” means an article the introduction or removal of which into or out of a prison 
is prohibited by any rule under this Act. 

###STATE AMENDMENT 

**Orissa**

**Amendment of section 3 (9 of 1894).**—In  section  3  of  the  Prisons  Act,  1894  (9  of  1894) 
(hereinafter referred to as the said Act), for clause  (5) the following clauses shall be substituted, 
namely:— 

  “(5) ‘remission  system’  means  the  system  of  regulating  the  award  of  marks  to,  and  the 
consequent  shortening  the  sentences  of  prisoners  in  jail  in  accordance  with  the  rules  for  the 
time being in force; 

  (5a) ‘furlough  system’  means  the  system  of  releasing  prisoners  in  jail  on  furlough  in 
accordance with the rules for the time being in force.” 

*[Vide* the Orissa Act 29 of 1958, s. 2] 

**Maharashtra**

**Amendment  of  section  3 of  Act  IX  of  1894.**—In section 3 of the Prisons Act, 1894 (IX of 1894), 
hereinafter to as the said Act, for clause (5), the following clauses shall be substituted, namely:-- 

[^1]. See now the Code of Criminal Procedure, 1973 (Act 2 of 1974). 
[^2]. See now the Prisoners Act, 1900 (3 of 1900). 



“(5) ‘remission  system’  means the system  of  regulation  the  award  of  marks  to, and  the  consequent 
shortening of sentence of, prisoners in jail in accordance with the rules for the time being in force; 

(5A) ‘furlough system’ means the system of releasing prisoners in jail in furlough in accordance with 
the rules for the time being in force.” 

*[Vide* Bombay Act XXVII of 1953, s. 2] 

**Maharashtra**

  **Amendment of section 3 of Act IX of 1894.**—In the Prisons Act, 1894 (hereinafter referred to as 
“the Principal Act”), in section 3, clause (8) shall be deleted. 

*[Vide* Bombay Act XLV of 1959, s. 2] 

###CHAPTER II 

###MAINTENANCE AND OFFICERS OF PRISONS 

4. **Accommodation for prisoners.**—The State Government shall provide, for the prisoners in 
the  territories  under  such  Government,  accommodation  in  prisons  constructed  and  regulated  in 
such  manner  as  to  comply  with  the  requisitions  of  this  Act  in  respect  of  the  separation  of 
prisoners. 

5. **Inspector General.**—An Inspector General shall be appointed for the territories subject to 
each  State  Government,  and  shall  exercise,  subject  to  the  orders  of  the  State  Government,  the 
general  control  and  superintendence  of  all  prisons  situated  in  the  territories  under  such 
Government. 

6. **Officers of prisons.**—For every prison there shall be a Superintendent, a Medical Officer (who may 
also  be  the  Superintendent),  a  Medical  Subordinate,  a  Jailer  and  such  other  officers  as  the  State 
Government thinks necessary : 

Provided  that the State Government of Bombay may declare  by  order  in  writing  that  in  any 
prison  specified  in  the  order  the  office  of  Jailer  shall  be  held  by  the  person  appointed  to  be 
Superintendent. 

###STATE AMENDMENT 

**Maharashtra**

  **Amendment of section 6 of Act IX of 1894.**—In section 6 of the principal Act shall be renumbered 
as sub-section (1) of that section. 

(2) In sub-section (1) so renumbered— 

  (a) after  the  words  “a  Superintendent”  the  brackets  and  words  “(who  may  be  a  Deputy 
Inspector-General of Prisons)” shall be inserted; 

  (b) the words “a Medical Subordinate” shall be deleted; 

  (c) after the said sub-section (1), the following sub-section shall be inserted, namely:-- 

      “(2)  Where  one  or  more  Deputy  Superintendents  are appointed  for  a  prison,  they  shall, 
subject  to  the  general  or  special  orders  of  the  Inspector-General,  exercise,  carry  out  or 
discharge all or any of the powers, duties and functions of a Superintendent under this Act, or 
any law for the time being in force, as the Superintendent may delegate to them.” 

*[Vide* Bombay Act XLV of 1959, s. 3] 

7. **Temporary accommodation for prisoners.**—Whenever  it  appears  to  the  Inspector 
General that the number of prisoners in any prison is greater than can  conveniently or safely be 
kept therein, and it is not convenient to transfer the excess number to some other prison, 

  or whenever from  the  outbreak  of  epidemic  disease within  any  prison,  or for any  other  reason,  it is 
desirable to provide for the temporary shelter and safe custody of any prisoners, 

  provision  shall  be  made,  by  such  officer  and  in  such  manner  as  the  State  Government  may 
direct,  for  the  shelter  and  safe  custody  in  temporary  prisons  of  so  many  of  the  prisoners  as 
cannot be conveniently or safely kept in the prison. 

###CHAPTER III 

###DUTIES OF OFFICERS 

*Generally*

8. **Control and duties of officers of prisons.**—All officers of a prison shall obey the directions 
of  the  Superintendent;  all  officers  subordinate  to  the  Jailer  shall  perform  such  duties  as  may  be 
imposed  on  them  by  the  Jailer  with  the  sanction  of  the  Superintendent  or  be  prescribed  by  rules 
under section 59. 

9. **Officers not to have  business  dealings with prisoners.**—No officer of a prison shall sell or 
let, nor shall any person in trust for or employed by him sell or let, or derive any benefit from selling or 
letting, any article to any prisoner or have any money or other business dealings, directly or indirectly, 
with any prisoner. 

10. **Officers  not  to  be  interested  in  prison-contracts.**—No officer of  a  prison  shall,  nor 
shall  any  person  in  trust  for  or  employed  by  him,  have  any  interest,  direct  or  indirect,  in  any 
contract for the supply of the prison: nor shall he derive any benefit, directly or indirectly, from 
the sale or purchase of any article on behalf of the prison or belonging to a prisoner. 

*Superintendent*

11. **Superintendent.**—(1)  Subject  to  the  orders  of  the  Inspector  General,  the  Superintendent 
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  orders  not  inconsistent  with  this  Act  or  any  rule  thereunder  which  may  be  given 
respecting the prison by the District Magistrate, and shall report to the Inspector General all such 
orders and the action taken thereon. 

###STATE AMENDMENT 

**Maharashtra**

  **Amendment of section 11 of Act IX of 1894.**—In  section  11  of  the  principal  Act,  in 
sub-section (2), the words “a central prison or” shall be deleted. 

*[Vide* Bombay Act XLV of 1959, s. 4] 

12. **Records to be kept by Superintendent.**—The Superintendent shall keep, or cause to be kept, the 
following records :— 

  (1) a register of prisoners admitted; 

  (2) a book showing when each prisoner is to be released; 

  (3) a punishment-book for the entry of the punishments inflicted on prisoners for prison-offences; 

  (4) a  visitors  book  for  the  entry  of  any  observation  made  by  the  visitors  touching  any  matters 
connected with the administration of the prison; 

  (5) a record of the money and other articles taken from prisoners; 

and all such other records as may be prescribed by rules under section 59.

*Medical Officer*

13. **Duties of Medical Officer.**—Subject to the control of the Superintendent, the Medical Officer 
shall have charge of the sanitary administration of the prison, and shall perform such 1duties as may be 
prescribed by rules made by the State Government under section 59. 

14. **Medical Officer to report in certain cases.**—Whenever the Medical Officer has reason to 
believe that the mind of a prisoner is, or is likely to be, injuriously affected by the discipline or treatment 
to  which  he  is  subjected,  the  Medical  Officer  shall  report  the  case  in  writing  to  the  Superintendent, 
together with such observations as he may think proper. 

  This  report,  with  the  orders  of  the  Superintendent  thereon,  shall  forthwith  be  sent  to  the  Inspector 
General for information. 

15. **Report on death of prisoner.**—On  the  death  of  any  prisoner,  the  Medical  Officer  shall 
forthwith record in a register the following particulars, so far as they can be ascertained, namely :— 

  (1) the day on which the deceased first complained of illness or was observed to be ill, 

  (2) the labour, if any, on which he was engaged on that day, 

  (3) the scale of his diet on that day, 

  (4) the day on which he was admitted to hospital, 

  (5) the day on which the Medical Officer was first informed of the illness, 

  (6) the nature of the disease, 

  (7) when  the  deceased  was  last  seen  before  his  death  by  the  Medical  Officer  or  Medical 
Subordinate, 

  (8) when the prisoner died, and 

  (9) (in cases where a post-mortem examination is made) an account of the appearances after death, 
together with any special remarks that appear to the Medical Officer to be required. 

###STATE AMENDMENT 

**Maharashtra**

**Amendment of section 15 of Act IX of 1894.**—In section 15 of the principal Act, in clause (7), the 
words “or Medical Subordinate” shall be deleted. 

*[Vide* Bombay Act XLV of 1959, s. 5] 

*Jailer*

16. **Jailer.**—(1) The Jailer shall reside in the prison, unless the Superintendent permits him in writing 
to reside elsewhere. 

(2) The Jailer shall not, without the Inspector General’s sanction in writing, be concerned in any other 
employment. 

17. **Jailer to give notice of death of prisoner.**—Upon the death of a prisoner, the Jailer shall give 
immediate notice thereof to the Superintendent and the Medical Subordinate. 

###STATE AMENDMENT 

**Maharashtra**

  **Amendment of section 17 of Act IX of 1894.**—In  section  17  of  the  principal  Act,  for  the  words 
“Medical Subordinate” the words “Medical Officer” shall be substituted. 

*[Vide* Bombay Act XLV of 1959, s. 6] 

18. **Responsibility of Jailer.**—The Jailer shall be responsible for the safe custody of the records to 
be kept under section 12, for the commitment warrants and all other documents confided to his care, and 
for the money and other articles taken from prisoners. 

19. **Jailer to be present at night.**—The  Jailer  shall  not  be  absent  from  the  prison  for  a  night 
without  permission  in  writing  from  the  Superintendent  but,  if  absent  without  leave  for  a  night  from 
unavoidable necessity, he shall immediately report the fact and the cause of it to the Superintendent. 

20. **Powers of Deputy and Assistant Jailers.**—Where a Deputy Jailer or Assistant Jailer is appointed 
to  a  prison,  he  shall,  subject  to  the  orders  of  the  Superintendent,  be  competent  to  perform  any  of  the 
duties, and be subject to all the responsibilities, of a Jailer under this Act or any rule thereunder. 

*Subordinate Officers*

21. **Duties of gate keeper.**—The officer acting as gate-keeper, or any other officer of the prison, may 
examine anything carried in or out of the prison, and may stop and search or cause to be searched any 
person  suspected  of  bringing  any  prohibited  article  into  or  out  of  the  prison,  or  of  carrying  out  any 
property belonging to the prison, and, if any such article or property be found, shall give immediate notice 
thereof to the Jailer. 

22. **Subordinate officers not to be absent without leave.**—Officers subordinate to the Jailer shall not 
be absent from the prison without leave from the Superintendent or from the Jailer. 

23. **Convict officers.**—Prisoners who have been appointed as officers of prisons shall be deemed to be 
public servants within the meaning of the Indian Penal Code (45 of 1860). 

###CHAPTER IV 

###ADMISSION, REMOVAL AND DISCHARGE OF PRISONERS 

24. **Prisoners to be examined on admission.**—(1) Whenever a prisoner is admitted into prison, he 
shall be searched, and all weapons and prohibited articles shall be taken from him. 

(2) Every  criminal  prisoner  shall  also,  as  soon  as  possible  after  admission,  be  examined  under  the 
general or special orders of the Medical Officer, who shall enter or cause to be entered in a book, to be 
kept by the Jailer, a record of the state of the prisoner’s health, and of any wounds or marks on his person, 
the  class  of  labour  he  is  fit  for  if  sentenced  to  rigorous  imprisonment,  and  any  observations  which  the 
Medical Officer thinks fit to add. 

(3) In the case of female prisoners the search and examination shall be carried out by the matron under 
the general or special orders of the Medical Officer. 

25. **Effects of prisoners.**—All  money  or  other  articles  in  respect  whereof  no  order  of  a  competent 
Court has been made, and which may 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 Jailer. 

26. **Removal and discharge of prisoners.**—(1) All prisoners, previously to being removed to any 
other prison, shall be examined by the Medical Officer. 

(2) No prisoner shall be removed from one prison to another unless the Medical Officer certifies that 
the prisoner is free from any illness rendering him unfit for removal. 

(3) No prisoner shall be discharged against his will from prison, if labouring under any acute or 
dangerous distemper, nor until, in the opinion of the Medical Officer, such discharge is safe. 

##CHAPTER V 

###DISCIPLINE OF PRISONERS 

27. **Separation of prisoners.**—The requisitions of this Act with respect to the separation 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 seeing, or 
conversing or holding any intercourse with, the male prisoners ; 

    (2) in a prison where male prisoners under the age of twenty-one are confined, means shall be 
provided for separating them altogether from the other prisoners and for separating those of them who 
have arrived at the age of puberty from those who have not; 

    (3) unconvicted criminal prisoners shall be kept apart from convicted criminal prisoners ; and 

    (4) civil prisoners shall be kept apart from criminal prisoners. 

28. **Association and segregation of prisoners.**—Subject to the requirements of the last foregoing 
section, convicted  criminal  prisoners  may  be  confined  either  in  association  or  individually  in 
cells or partly in one way and partly in the other. 

29. **Solitary confinement.**—No  cell  shall  be  used  for  solitary  confinement  unless  it  is  furnished 
with the  means  of  enabling  the  prisoner to  communicate  at any  time  with an  officer  of the prison, and 
every  prisoner  so  confined  in  a  cell  for  more  than  twenty-four  hours,  whether  as  a  punishment  or 
otherwise, shall be visited at least once a day by the Medical Officer or Medical Subordinate. 

###STATE AMENDMENT 

**Maharashtra**

  **Amendment of section 29 of Act IX of 1894.**—In  section  29  of  the  principal  Act,  for  the 
words  “or  Medical  Subordinate”  the  words  “or  any  Officer  authorised  by  the  Medical  Officer  in 
this behalf” shall be substituted. 

*[Vide* Bombay Act XLV of 1894, s. 7] 

30. **Prisoners under sentence of death.**—(1)  Every  prisoner  under  sentence  of  death  shall, 
immediately on his arrival in the prison after sentence, be searched by, or by order of, the Jailer and all 
articles  shall  be  taken  from  him  which  the  Jailer  deems  it  dangerous  or  inexpedient  to  leave  in  his 
possession. 

(2) Every such prisoner shall be confined in a cell apart from all other prisoners, and shall be placed 
by day and by night under the charge of a guard. 

##CHAPTER VI 

###FOOD, CLOTHING AND BEDDING OF CIVIL AND UNCONVICTED CRIMINAL PRISONERS 

31. **Maintenance  of  certain  prisoners  from  private  sources.**—A  civil  prisoner  or  an 
unconvicted  criminal  prisoner  shall  be  permitted  to  maintain  himself,  and  to  purchase,  or  receive  from 
private sources at proper hours, food, clothing, bedding or other necessaries, but subject to examination 
and to such rules as may be approved by the Inspector General. 

32. **Restriction  on  transfer  of  food  and  clothing  between  certain  prisoners.**—No part of 
any food, clothing, bedding or other necessaries belonging to any civil or unconvicted criminal prisoner 
shall be given, hired or sold to any other prisoner; and any prisoner transgressing the provisions of this 
section shall lose the privilege of purchasing food or receiving it from private sources, for such time as 
the Superintendent thinks proper. 

33. **Supply  of  clothing  and  bedding  to  civil  and  unconvicted  criminal  prisoners.**—(1) 
Every civil prisoner and unconvicted prisoner unable to provide himself with sufficient clothing 
and  bedding  shall  be  supplied  by  the  Superintendent  with  such  clothing  and  bedding  as  may  be 
necessary. 

(2) When any civil prisoner has been committed to prison in execution of a decree in favour 
of  a  private  person,  such  person,  or  his  representative,  shall,  within  forty -eight  hours  after  the 
receipt  by  him  of  a  demand  in  writing,  pay  to  the  Superintendent  the  cost  of  the  clo thing  and 
bedding  so  supplied  to  the  prisoner;  and  in  default  of  such  payment  the  prisoner  may  be 
released. 

##CHAPTER VII 

###EMPLOYMENT OF PRISONERS 

34. **Employment of civil prisoners.**—(1) Civil prisoners may, with the Superintendent’s permission, 
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  earnings  of  such  as  are  furnished  with 
implements  or  are  maintained  at  the  expense  of  the  prison  shall  be  subject  to  a  deduction,  to  be 
determined by the Superintendent, for the use of implements and the cost of maintenance. 

35. **Employment of criminal prisoners.**—(1) No criminal prisoner sentenced to labour or 
employed on labour at his own desire shall, except on an emergency with the sanction in writing of the 
Superintendent, be kept to labour for more than nine hours in any one day. 

(2) The  Medical  Officer  shall  from  time  to  time  examine  the  labouring  prisoners  while  they  are 
employed, and shall at least once in every fortnight cause to be recorded upon the history-ticket of each 
prisoner employed on labour the weight of such prisoner at the time. 

(3) When the Medical Officer is of opinion that the health of any prisoner suffers from employment 
on any kind or class of labour, such prisoner shall not be employed on that labour but shall be placed on 
such other kind or class of labour as the Medical Officer may consider suited for him. 

36. **Employment  of  criminal  prisoners  sentenced  to  simple  imprisonment.**—Provision 
shall  be  made  by  the  Superintendent  for  the  employment  (as  long  as  they  so  desire)  of  all  criminal 
prisoners sentenced to simple imprisonment; but no prisoner not sentenced to rigorous imprisonment shall 
be punished for neglect of work excepting by such alteration in the scale of diet as may be established by 
the rules of the prison in the case of neglect of work by such a prisoner. 

##CHAPTER VIII 

###HEALTH OF PRISONERS 

37. **Sick prisoners.**—(1)  The  names  of  prisoners  desiring  to  see  the  Medical  Subordinate  or 
appearing  out  of  health  in  mind  or  body  shall,  without  delay,  by  reported  by  the  officer  in  immediate 
charge of such prisoners to the Jailer. 

(2) The  Jailer  shall,  without  delay,  call  the  attention  of  the  Medical  Subordinate  to  any  prisoners 
desiring to see him, or who is ill, or whose state of mind or body appears to require attention, and shall 
carry  into  effect  all  written  directions  given  by  the  Medical  Officer  or  Medical  Subordinate  respecting 
alterations of the discipline or treatment of any such prisoner. 

###STATE AMENDMENT 

**Maharashtra**

  **Amendment of section 37 of Act IX of 1894.**—(1)  in  sub-section  (1),  for  the  words 
“Medical Subordinate” the words “Medical Officer” shall be substituted. 

(2) In sub-section (2)— 

  (a) for the words “Medical Subordinate”, where they occur for the first time, the words 
“Medical Officer” shall be substituted. 

  (b) the words “or Medical Subordinate” shall be deleted. 

*[Vide* Bombay Act XLV of 1959, s. 8] 

38. **Record of directions of Medical Officers.**—All directions given by the Medical Officer or 
Medical Subordinate in relation to any prisoner, with the exception of orders for the supply of medicines 
or directions relating to such matters as are carried into effect by the Medical Officer himself or under his 
superintendence, shall be entered day by day in the prisoner’s history-ticket or in such other record as the 
State  Government  may  by  rule  direct,  and  the  Jailer  shall  make  an  entry  in  its  proper  place  stating  in 
respect of each direction the fact of its having been or not having been complied with, accompanied by 
such observations, if any, as the Jailer thinks fit to make, and the date of the entry. 

###STATE AMENDMENT 

**Maharashtra**

**Amendment of section 38 of Act IX of 1894.**—In section 38  of the principal Act,-- 

  (1) the words “or Medical Subordinate” shall be deleted; 

  (2) in the marginal note, for the word “Officers” the word “Officer” shall be substituted. 

*[Vide* Bombay Act XLV of 1959, s. 9] 

39. **Hospital.**—In every prison an hospital or proper place for the reception of sick prisoners shall be 
provided. 

##CHAPTER IX 

###VISITS TO PRISONERS 

40. **Visits  to  civil  and  unconvicted  criminal  prisoners.**—Due  provision  shall  be  made  for 
the  admission,  at  proper  times  and  under  proper  restrictions,  into  every  prison  of  persons  with 
whom civil or unconvicted criminal prisoners  may desire to communicate, care being taken that 
so far as may be consistent with the interests of justice, prisoners under trial may see their duly 
qualified legal advisers without the presence of any other person. 

41. **Search of visitors.**—(1) The Jailer may demand the name and address of any visitor to prisoner, 
and, when the Jailer 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  Jailer  may  deny  him 
admission;  and  the  grounds  of  such  proceeding,  with  the  particulars  thereof,  shall  be  entered  in  such 
record as the State Government may direct. 

##CHAPTER X 

###OFFENCES IN RELATION TO PRISONS 

42. **Penalty  for  introduction  or  removal  of  prohibited  articles  into  or  from  prison  and 
communication with prisoners.**—Whoever,  contrary  to  any  rule  under  section 59 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 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 two hundred rupees, or to both. 

###STATE AMENDMENT 

**Rajasthan**

  **Amendment of Section 42, Central Act No. 9 of 1894.**-  In  Section  42  of  the  Prisons  Act.  1894 
(Central Act No. 9 of 1894), hereinafter referred to as the principal Act, in its application to the State of 
Rajasthan, for the existing expression "for a term not exceeding six months, or to fine not exceeding two 
hundred rupees, or to both", the expression "for a term not exceeding three years, or to fine not exceeding 
three thousand rupees, or to both" shall be substituted. 

*[Vide* Rajasthan Act 26 of 2015, s. 2] 

43. **Power  to  arrest  for  offence  under  section  42.**—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. 

###STATE AMENDMENT 

**Rajasthan**

  **Amendment of Section 43, Central Act No. 9 of 1894.**- In Section 43 of the principal Act, for the 
existing  expression  "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," shall be deleted. 

*[Vide* Rajasthan Act 26 of 2015, s. 3] 

44. **Publication of penalties.**—The Superintendent shall cause to be affixed, in a 
conspicuous  place outside the  prison, a notice in  English and the Vernacular setting forth the 
acts prohibited under section 42 and the penalties incurred by their commission. 

##CHAPTER XI 

###PRISON-OFFENCES 

45. **Prison-offences.**—The  following  acts  are  declared  to  be  prison-offences  when  committed  by  a 
prisoner:— 

  (1) such wilful disobedience to any regulation of the prison as shall have been declared by rules 
made under section 59 to be a prison-offence ; 
  (2) any assault or use of criminal force ; 
  (3) the use of insulting or threatening language ; 
  (4) immoral or indecent or disorderly behaviour ; 
  (5) wilfully disabling himself from labour ; 
  (6) contumaciously refusing to work ; 
  (7) filling, cutting, altering or removing handcuffs, fetters or bars without due authority ; 
  (8) wilful idleness or negligence at work by any prisoner sentenced to rigorous imprisonment ; 
  (9) wilful mismanagement of work by any prisoner sentenced to rigorous imprisonment ; 
  (10) wilful damage to prison-property ; 
  (11) tampering with or defacing history-tickets, records or documents ; 
  (12) receiving, possessing or transferring any prohibited article ; 
  (13) feigning illness ; 
  (14) wilfully bringing a false accusation against any officer or prisoner ; 
  (15) 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 ; and 

  (16) conspiring to escape, or to assist in escaping, or to commit any other of the offences aforesaid. 

[^1]46. **Punishment of such offences.**—The  Superintendent  may  examine  any  person  to 
touching any such offence, and determine thereupon, and  punish such offence 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-book and on the prisoner’s history-ticket ; 

[^1]. For rules issued with reference to clauses (4),(6) and (7) of section 46 see Gazette of India, 1923, Pt. 1, p.1751. 


 
  (2) change of labour to some more irksome or severe form for such period as may be prescribed 
by rules made by the State Government ; 

  (3) hard labour for a period not exceeding seven days in the case of convicted criminal prisoners 
not sentenced to rigorous imprisonment ; 

  (4) such  loss  of  privileges  admissible  under  the  remission  system  for  the  time  being  in  force  as 
may be prescribed by rules made by the State Government ; 

  (5) the  substitution  of  gunny  or  other  coarse  fabric  for  clothing  of  other  material,  not  being 
woollen, for a period which shall not exceed three months ; 

  (6) imposition of handcuffs of such pattern and weight, in such manner and for such period, as may 
be prescribed by rules made by the State Government ; 

  (7) imposition of fetters of such pattern and weight, in such manner and for such period, as may be 
prescribed by rules made by the State Government ; 

  (8) separate confinement for any period not exceeding three months ; 

*Explanation.*—Separate  confinement  means  such  confinement  with  or  without  labour  as 
secludes a prisoner from communication with, but not from sight of, other prisoners, and allows 
him not less than one hour’s exercise per diem and to have his  meals in association with  one or 
more other prisoners ; 

  (9) penal  diet,—that  is,  restriction  of  diet  in  such  manner  and  subject  to  such  conditions  regarding 
labour as may be prescribed by the State Government : 

  Provided that such restriction of diet shall in no case be applied to a prisoner for more than ninety-six 
consecutive hours, and shall not be repeated except for a fresh offence 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  an interval  of  not  less duration  than  such  period 
must elapse before the prisoner is again sentenced to cellular or solitary confinement. 

  *Explanation.*—Cellular confinement means such confinement with or without labour as entirely secludes a 
prisoner from communication with, but not from sight of, other prisoners ; 

  (11) penal diet as defined in clause (9) combined with cellular confinement ; 

  (12) whipping, provided that the number of stripes shall not exceed thirty: 

Provided that nothing in this section shall render any female or civil prisoner liable to the imposition of any 
form of handcuffs or fetters, or to whipping. 

###STATE AMENDMENT 

**Assam.**

  **Amendment of section 46 of Act 9 of 1894.**—(1) In Section 46 of the Principal Act, clause (12) and the 
words “or to whipping” appearing in the proviso to the said section shall be omitted and a full stop shall be 
substituted for the comma appearing after the word “fetter” in the said proviso. 

  (2) In section 46 of the Principal Act, add the following clauses after clause (11), namely: — 

  “(12) forfeiture of class, grade, or prison privileges for a period not exceeding three months; 

   (13) permanent or temporary reduction from a higher to a lower class or grade”. 

*[Vide* Assam Act 12 of 1956, s. 2.] 

**Orissa**

  **Amendment of section 46 (Act 9 of 1894).**—In section 46 of the said Act— 

    (i) in  clause  (4)  for  the  words  “the  remission  system”  the  words  “the  remission  or  furlough 
system” shall be substituted; 

    (ii) clause (5) shall be omitted. 

*[Vide* the Orissa Act 29 of 1958, s. 3] 

**Orissa**

  **Amendment of section 46 (Act 9 of 1894).**—In  section  46  of  the Prisons Act,  1894  (9  of  1894),  after 
clause (4) the following new clause shall be inserted, namely:— 

  “(4-a) temporary forfeiture of class, grade or prison-privileges or temporary or permanent reduction from a 
higher to a lower class or grade”. 

*[Vide* the Orissa Act 23 of 1956, s. 2] 

**Maharashtra**

**Amendment of section 46 of Act IX of 1894.**—In  section  46  of  the  said  Act,  in  clause  (4),  for  the 
words “the remission system” the words “the remission or furlough system” shall be substituted”. 

*[Vide* Bombay Act XXVII of 1953, s. 3] 

47. **Plurality of punishment, under section 46.**— (1) Any  two  of  the  punishments 
enumerated  in  the  last  foregoing  section  may  be  awarded  for  any  such  offence  in  combination, 
subject to the following exceptions, namely :— 

(1) formal  warning  shall  not  be  combined  with  any  other  punishment  except  loss  of  privileges  under 
clause (4) of that section ; 

(2) penal diet shall not be combined with change of labour under clause (2) of that section, nor shall 
any additional period of penal diet awarded singly be combined with any period of penal diet awarded in 
combination with cellular confinement ; 

(3) cellular confinement shall not he combined with separate confinement, so as to prolong the total 
period of seclusion to which the prisoner shall be liable ;

(4) whipping shall not be combined with any other form of punishment  except cellular and 
separate confinement and loss of privileges admissible under the remission system ; 

(5) no punishment will 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 punishment which may not be awarded in combination for 
any such offence.

###STATE AMENDMENT 

**Assam.**

**Amendment of Section 47 of Act IX of 1894.**—In sub-section (1) of section 47 of the Principal Act, 
clause (4) shall be omitted. 

[Vide Assam Act 12 of 1956, s. 3.] 

**Orissa**

  **Amendment of section 47 (Act 9 of 1894).**—In  section  47  of  the  said  Act,  in  clause  (4)  of 
sub-section (1) for the words “the remission system” the words “the remission or furlough system” shall 
be substituted. 

*[Vide* the Orissa Act 29 of 1958, s. 4] 

**Maharashtra**

**Amendment of section 47 of Act IX of 1894.**—In section 47 of the said act, in clause (4) of sub-
section (1), for the words “the remission system” the words “the remission or furlough system” shall be 
substituted. 

*[Vide* Bombay Act XXVII of 1953, s. 4] 

48. **Award of punishments under sections 46 and 47.**—(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. 

**Orissa**

  **Insertion of new section 48-A (Act 9 of 1894).**—After section 48 of the said Act, the following new 
section shall be inserted, namely:— 

48-A. **Punishment for breach of conditions of suspension of sentence.**—If any prisoner fails 
without  sufficient  cause  to  observe  any  of  the  conditions  on  which  his  sentence  was  suspended  or 
remitted or furlough 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; or 

  (2) Reduction in grade if such prisoner has been appointed as an officer of prison; or 

  (3) Loss of privileges admissible under the remission or furlough system; or 

  (4) Loss of such other privileges as the State Government may, by a general or special order direct. 

*[Vide* the Orissa Act 29 of 1958. s. 5] 

**Maharashtra**

  **After  section  48  of  the  said  Act,  the  following  section  shall  be  inserted,  namely:**--Insertion  of 
section 48A in act IX of 1894.— 

    “48A. **Punishment  for  breach  of  conditions  of  suspension  of  sentence,  etc.**-If    any  prisoner 
fails without sufficient cause to observe any of the conditions on which his sentence was suspended 
or remitted or furlough 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 or furlough system; or 

  (3) loss of privileges admissible under the remission or furlough system; or 

  (4) loss  of  such  other  privileges  as  the  state  Government  may  by  a  general  or  special  order 
direct.” 

*[Vide* Bombay Act XXVII of 1953, s. 5] 

49. **Punishments to be in accordance with foregoing sections.**—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. 

50. **Medical Officer to certify to fitness of prisoner for punishment.**—(1) No punishment of penal 
diet, either singly or in combination, or of whipping, or 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. 

###STATE AMENDMENT 

**Assam**

  **Amendment of Section 50 of Act 9 of 1894.**—In sub-section (1) of section 50 of the Principal Act 
the words and comma “or of whipping,” shall be omitted. 

*[Vide* Assam Act 12 of 1956, s. 4.] 

51. **Entries in punishment-books.**—(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, and, in the case of offences for which whipping is awarded, the Superintendent shall record 
the  substance  of  the  evidence  of  the  witnesses,  the  defence  of  the  prisoner,  and  the  finding  with  the 
reasons therefor. 

(3) Against  the  entries  relating  to  each  punishment  the  Jailor  and  Superintendent  shall  affix  their 
initials as evidence of the correctness of the entries. 

###STATE AMENDMENT 

**Assam**

**Amendment of Section 51 of Act 9 of 1894.**—In  sub-section  (2)  of  Section  51  of  the 
Principal Act the words “in the words “in the cases of offences for which whipping is awarded” and 
the commas before this words and thereafter shall be omitted. 

*[Vide* Assam Act 12 of 1956, s. 5] 

52. **Procedure on committal of heinous offence.**—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 of the District Magistrate or 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 by the District Magistrate to any 
Magistrate  of  the first class  and  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. **Whipping.**—(1) No punishment of whipping shall be inflicted in instalments, or except in the 
presence of the Superintendent and Medical Officer or Medical Subordinate. 

(2) Whipping  shall  be  inflicted  with  a  light  ratan  not  less  than  half  an  inch  in  diameter  on  the 
buttocks,  and  in  case  of  prisoners  under  the  age  of  sixteen  it  shall  be  inflicted,  in  the  way  of  school 
discipline, with a lighter ratan. 

###STATE AMENDMENT 

**Assam**

**Amendment of Section 53 of Act 9 of 1894.**—Section 53 of the Principal Act shall be omitted. 

*[Vide* Assam Act 12 of 1956, s. 6.] 

54. **Offences by prison-subordinates.**—(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 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 

###MISCELLANOUS 

55. **Extramural custody, control and employment of prisoners.**—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  person,  shall  be  deemed  to  be  in  prison  and  shall  be  subject  to  all  the  same 
incidents as if he were actually in prison. 

56. **Confinement in irons.**—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. **Confinement of prisoners under sentence of transportation in irons.**—(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. **Prisoners not to be ironed by Jailer except under necessity.** —No prisoner shall be put in 
irons or under mechanical restraint by the Jailer of his own authority, except in case of urgent necessity, 
in which case notice thereof shall be forthwith given to the Superintendent. 

###STATE AMENDMENT 

**Rajasthan**

**Insertion of new Sections 58-A and 58-B, Central Act No. 9 of 1894.**- After the existing Section 58 
and  before  the  existing  Section  59  of  the  principal  Act,  the  following  new  sections  shall  be  inserted, 
namely: 

  **"58-A. Release of prisoners on parole.**- The State Government or any authority empowered by it 
may release a prisoner on parole in accordance with such rules as may be made in this behalf. 

  **58-B. Surrender of prisoners on the expiry of the period of temporary release.**- (1) Any prisoner 
released  on  parole  shall  surrender  himself  to  the  officer  in  charge  of  the  prison  from  which  he  was 
released, on the expiry of the period of parole or at such earlier time as he may be directed by the State 
Government or any authority empowered by it in this behalf. 

(2) Any  Prisoner  who  does  not  surrender  himself  as  required  by  sub-section  (1)  or  fails  to  comply 
with any other conditions upon which he is released, may be arrested by any police officer and shall be 
liable  upon  conviction  to  be  punished  with  imprisonment  of  either  description  for  a  term  which  may 
extend to three years or with fine which may extend to three thousand rupees or with both.". 

*[Vide* Rajasthan Act 26 of 2015, s. 4] 

59. **Power to make rules.**— (1) The  State  Government  may by notification  in  the  Official 
Gazette make rules consistent with this Act— 

  (1) defining the acts which shall constitute prison-offences ; 

  (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 (45 of 1860)  may or  may not be dealt with as a prison -
offence ; 

  (5) for the award of marks and the shortening of sentences ; 

  (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; 

  (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 prisons; 

  (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  or  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 [^1]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.

(2) Every rule made under this section shall be laid, as soon as may be after it is made, before the 
State Legislature.

###STATE AMENDMENT 

**Orissa**

  **Amendment of section 59 (Act 9 of 1894).**—In section 59 of the said Act, for clause (5) the 
following clause shall be substitute, namely:— 

“(5) for  the  award  of  marks,  granting  remission  or  furlough,  determining  the  conditions  on 
which  and  the  authority  by  which  such  remission  or  furlough  shall  be  granted  and  the 
consequent shortening of the sentence.” 

*[Vide* the Orissa Act 29 of 1958, s. 6] 

**Rajasthan**

  **Amendment of Section 59, Central Act No. 9 of 1894.**- In  sub-section  (1)  of  Section  59  of  the 
principal Act,- 

  (i) in clause (27), the existing word "and", appearing at the end, shall be deleted; and 

  (ii) after  the  clause  (27),  so  amended,  and  before  the  existing  clause  (28),  the  following  new 
clause shall be inserted, namely: - 

  "(27-a) for release on parole and determining the conditions on which and the authority by which 
prisoners may be released on parole; and" 

*[Vide* Rajasthan Act 26 of 2015, s. 5] 

[^1]. See now the Code of Criminal Procedure, 1973 (Act 2 of 1974). 

 
 
**Maharashtra**

  **Amendment of section 59 of Act IX of 1894.**—In  section  59  of  the  said  Act,  for  clause  (5),  the 
following clause shall be substituted, namely:-- 

    “(5) for the award of marks, granting remission or furlough, determining the conditions on which 
and the authority by which such remission or furlough shall be granted and the consequent shortening 
of the sentence.” 

*[Vide* Bombay Act XXVII of 1953, s. 6] 

60. *[Power of Local Government to make rules.] Rep. by the A. O.* 1937. 

61. **Exhibition of copies of rules.**—Copies of rules, under section 59 so far as they affect 
the  government  of  prisons,  shall  be  exhibited,  both  in  English  and  in  the  Vernacular,  in  some 
place to which all persons employed within a prison have access. 

62. **Exercise of powers of Superintendent and Medical Officer.**—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 (1 of 1938), 
s. 2 *and the Schedule.*