671

THE  PRISONS  ACT,  1894

(Act  No.  9  of  1894)

[22nd  March  1894]

[In  its  application  to  the  State  of  Maharashtra]

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)  †(other  than  any  such  territories  forming
part  of  the  State  of  Bombay  by  Section  8  of  the  States  Reorganisation
Act,  1956)  and  to  provide  rules  for  the  regulation  of  such  prison;  it  is
hereby  enacted  as  follows  :—

CHAPTER  I

PRELIMINARY

1.  This  Act  may  be  called  the  Prisons  Act,  1894.

Title  extent  and
application.

‡(2)  It  extends  to  the  whole  of  India  except  §(the  territories  which,
immediately  before  the  1st  November,  1956,  were  comprised  in  part-B
states);    †(other  than  any  such  territories  forming  part  of  the  State  of
Bombay  by  Section  8  of  the  State  Reorganisation  Act,  1956).

(3)  ¶  X  X  X

(4)  Nothing  in  this  Act  shall  apply  to  civil  jails  in  the  ††(State)  of  ‡‡
[Maharashtra]  §§(out-side  Greater  Bombay  and  those  jails  shall  be
administered)  under  the  provisions  of  Sections  9  and  16  (both  inclusive)
of  Bombay  Act  2  of  1874,  as  amended  by  subsequent  enactments.

2.  [Repeals—Rep,  by  the  Repealing  Act,  1938  (I  of  1938),  s.  2  and

Sch.

*  Subs.  by  the  Adaptation  of  Laws  (No.  2)  Order,  1956,  or  “Part  A  States  and  Part  C

States”.

†  Inserted  by  ibid.
‡  Subs.  by  the  A.  O.  1950,  for  the  formar  sub-Section.
§  Subs.  by  the  Adaptation  of  Laws  (N-2)  Order,  1956,  for  “Parts  B  States.”
¶  Deleted  by  Bombay  Act  XXIII  of  1959.  (S.2)  (2b).
**  The  word  “application”  Subs.  for  the  word  “commencement,”  by  ibid  S.2  (2).
††  Subs.  by  the  A.  O.  1950  for  “Province”  which  was  subs  by  the  A.  O.  1948  for

“  Presidency.’’

§§  Subs.  for  the  words  ‘“State  of  Bombay  “  by  the  Central  Acts  on  State  and  Concurrent

subjects  (  Maharashtra  Adaptation  )  (Amendment)  order  1961.

S§  Subs.  for  the  words  “as  it  existed  to  be  administered”  by  Bombay  Act  XXIII  of  1954.

Definitions.

3.  In  this  Act—

672

(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  “Code  of  Criminal  Procedure  1882  (X  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  *Code  of  Criminal
Procedure,  1882  (X  of  1882)  or  under  the  †Prisoners  Act,  1871  (V  of
1871);

(4)  “civil  prisoner”  means  any  prisoner  who  is  not  a  criminal  prisoner;

(4-A)  ‡  X    X    X

§[(5)  ‘remission  system’  means  the  system  of  regulating  the  award  of
marks  to,  and  the  consequent  shortening  of  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
¶[(5B),  parole  system’  means  the  system  of  releasing  prisoners  in  Jail  on
parole,  by  suspension  of  their  sentences  in  accordance  with  the  rules  for
the  time  being  in  force.]

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

*  The  relevant  provisions  of  the  Code  of  Criminal  Procedure,  1898  (V  of  1898)  to  be

referred  to.

†  See  now  the  Prisoner  Act,  1900  (III  of  1900).
‡  Clause  (4  A)  inserted  by  Bombay  Act,  XXIII  of  959,  deleted  by-Maharashtra  Act,  XVI

of  1960.

§  Substituted  for  clause  5  by  Bombay  Act,  XXVII  of  1953  (S.2).

¶  Inserted  by  Bombay  Act,  XXIII  of  1959  (S.3)

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(7)  “Inspector  General”  means  the  Inspector  General  of  Prisons;
(8)  *X  X  X;
(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.

CHAPTER  II

Maintenance  and  Officers  of  Prisons

4.  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.

Accommodation
for  prisoners.

5.  †(l)  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  territories  under  such  Government.

Inspector
General.

¶”(2)  The  State  Government  may  also  appoint  one  or  more  Deputy
Inspectors  General  of  Prisons  for  the  whole  of  such  territories  or  any
part  thereof,  and  they  shall  exercise,  carry  out  or  discharge  all  or  any
of  the  powers,  duties  and  functions  of  the  Inspector  General  under  this
Act,  or  under  any  law  for  the  time  being  in  force,  as  the  Inspector
General  may  delegate  to  them,  with  the  prior  approval  of  the  State
Government.”

6.  (1)  Officers  of  Prisons.—For  every  prison  there  shall  be  a
Superintendent,  ††  (who  may  be  a  Deputy  Inspector  General  of  Prisons)
a  Medical  Officer  (who  may  also  be  the  Superintendent),  **  X  X  X  a
jailor  and  such  other  officers  as  the  State  Government  thinks  necessary;
provided  that  ‘(the  State  Government  of  Maharashtra‡:]  may  §  x  x  x
declare  by  order  in  writing  that  in  any  prison  specified  in  the  order  the
office  of  jailor  shall  be  held  by  the  person  appointed  to  be  Superintendent.
†‡  (2)  Where  one  or  more  deputy  Superintendents  are  appointed
for  a  prison,  they  shall,  subject  to  the  general  or  special  orders  of  the

*  Deleted  by  Bombay  Act  XLV  of  1952  (5.2).
†  Renumbered  as  sub-sec.  (1)  by  Bombay  Act  XXIII  of  1959  (S.  3).
‡  Subs.  by  the  A.  O.  1937  and  A.  O.  1950  for  the  words  “Governor  of  Bombay  in  Council
“Farther  subs.  by  the  words’  State  Government  of  Maharashtra  “  by  the  Central  Acts  on
State  and  concurrent  subject  (Maharashtra  Adaptation)  (Amendment)  Order,  1961.

§  The  words  “  with  the  previous  sanction  of  the  Governor-General-in-Council  “  omitted

ibid.

¶  Added  by  ibid.
**The  words  “  a  Medical  Subordinate  “  deleted  by  ibid.
††  Inserted  by  ibid.
‡‡  Section  6  renumbered  as  sub-sec.  (1)  of  that  section  and  sub.  sec.  (2)  inserted  by  ibid.

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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
the††

Temporary
accommodation
for  prisoners.

7.  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

Control,  and
duties  of  officers
of  prisons.

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

Officers  not  to
have  business
dealings  with
prisoners.

9.  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.

Officers  not  to
be  interested  in
prison-contracts,

10.  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  be  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

Superintendent

11.  (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.

*  Subs.  ibid.,  for  “60”.

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(2)  Subject  to  such  general  or  special  directions  as  may  be  given  by
the  State  Government,  the  Superintendent  of  a  prison  other  than  *XXX
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.

12.  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  observations  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
†X  X  X

Medical  Officer

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

14.  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.

Records  to  be
kept  by
Superintendent.

Duties  of
Medical  Officer.

Medical  Officer
to  report  in
certain  cases.

15.  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  :—

Report  on  death
of  prisoner.

(1)  the  day  on  which  the  deceased  first  complained  of  illness  or  was

observed  to  be  ill,

*  The  words  and  figures  “  or  section  60  “  omitted  by  the  A.  0,  1937.
†  The  words  “  a  central  prison  or  “  omitted  by  Bombay  Act,  XLV  of  1959  (S,4)
‡  Subs.  ibid  for  "60".

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(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  *  XXX,

(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.

Jailor

Jailor.

16.  (1)  The  Jailor  shall  reside  in  the  prison,  unless  the  Superintendent

permits  him  in  writing  to  reside  elsewhere.

Jailor  to  give
notice  of  death
of  prisoner.

Responsibility  of
Jailor.

Jailor  to  be
present  at  night.

(2)  The  Jailor  shall  not,  without  the  Inspector  General’s  sanction  in

writing  be  concerned  in  any  other  employment.

17.  Upon  the  death  of  a  prisoner,  the  Jailor  shall  give  immediate  notice

thereof  to  the  Superintendent  and  the  †  [Medical  Officer]

18.  The  Jailor  shall  be  responsible  for  the  safe  custody  at  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.  The  Jailor  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.

Powers  of
Deputy  and
Assistant  Jailors.

20.  Where  a  Deputy  Jailor  or  Assistant  Jailor  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
Jailor  under  this  Act  or  any  rule  thereunder.

Subordinate  Officers

Duties  of
gate-keeper.

21.  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

*  The  words  “Medical  Subordinate”  omitted  by  Bombay  Act,  XLV  of  1959  (S.  5).
†  Subs,  for  the  words  “  Medical  Subordinate  “  by  Bombay  Act,  XLV  of  1959  (S.  6).

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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  Jailor.

22.  Officers  subordinate  to  the  Jailor  shall  not  be  absent  from  the  prison

without  leave,  from  the  Superintendent  or  from  the  Jailor.

23.  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).

Subordinate
officers  not  to  be
absent  without
leave.

Convict  officers.

CHAPTER  IV

Admission,  Removal  and  Discharge  of  Prisoners

24.  (1)  Whenever  a  prisoner  is  admitted  into  prison,  he  shall  be
searched,  and  all  weapons  and  prohibited  articles  shall  be  taken  from  him.

Prisoners  to  be
examined  on
admission.

(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  Jailor,
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.  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  Jailor.

Effects  of
prisoners.

26.  (1)  All  prisoners,  previously  to  being  removed  to  any  other  prison,

shall  be  examined  by  the  Medical  Officer.

Removal  and
discharge  of
prisoners.

(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.

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CHAPTER  V

Discipline  of  Prisoners

Separation  of
prisoners.

27.  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.

Association  and
segregation  of
prisoners.

28.  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.

Solitary
confinement.

29.  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  any  officer
authorised  by  the  Medical  Officer  in  this  behalf].

Prisoners  under
sentence  of
death.

30.  (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  Jailor  and  all  articles  shall  be  taken  from  him  which  the  Jailor  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.

*  Subs.  by  Act  VI  of  1930,  s.  2,  for  “  eighteen  “.
†Subs,  for  the  words  “  or  Medical  Subordinate  “  by  Bombay  Act  XLV  of  1959  (S.7).

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CHAPTER  VI

Food,  Clothing  and  Bedding  of  Civil  and  Unconvicted  Criminal
Prisoners

31.  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.  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.  (1)  Every  civil  prisoner  and  unconvicted  criminal  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  clothing
and  bedding  so  supplied  to  the  prisoner;  and  in  default  of  such  payment
the  prisoner  may  be  released.

CHAPTER  VII

Employment  of  Prisoners

Maintenance  of
certain  prisoners
from  private
sources.

Restriction  on
transfer  of  food
and  clothing
between  certain
prisoners.

Supply  of
clothing  and
bedding  to  civil
and  unconvicted
criminal
prisoners.

34.  (1)  Civil  prisoners  may,  with  the  Superintendent’s  permission,  work

and  follow  any  trade  or  profession.

Employments  of
civil  prisoners.

(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.  (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

Employment  of
criminal
prisoners.

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forthnight  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.

Employment  of
criminal
prisoners
sentenced  to
simple
imprisonment.

36.  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

Sick  prisoners.

37.  (1)  The  names  of  prisoners  desiring  to  see  the  *  [Medical  Officer]
or  appearing  out  of  health  in  mind  or  body  shall,  without  delay,  be
reported  by  the  officer  in  immediate  charge  of  such  prisoners  to  the  Jailor.

Record  of
directions  of
Medical  Officer.

(2)  The  Jailor  shall,  without  delay,  call  the  attention  of  the  *  [Medical
Officer]  to  any  prisoner  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.

38.  All  directions  given  by  the  Medical  Officer  [†X  X  X  X]  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  Jailor  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  Jailor  thinks  fit  to  make,  and  the  date  of  the  entry.

Hospital.

39.  In  every  prison  a  hospital  or  proper  place  for  the  reception  of  sick

prisoners  shall  be  provided.

*  Subs.  for  the  words  “Medical  Subordinate”  by  Bombay  Act,  XLV  of  1959  (s.  8)
†  The  words  “or  Medical  Subordinate”  deleted  by  ibid  (s.  8+9).

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CHAPTER  IX

Visits  to  Prisoners

40.  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.

Visits  to  civil  and
unconvicted
criminal
prisoners.

41.  (1)  The  Jailor  may  demand      the  name  and  address  of  any  visitor
to  a  prisoner,  and,  when  the  Jailor  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.

Search  of
visitors.

(2)  In  case  of  any  such  visitor  refusing  to  permit  himself  to  be  searched
the  Jailor  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  Relations  to  Prisons

42.  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.

*  Subs.  by  the  A.  0.  1937,  for  “60”.

Penalty  for
Introduction  or
removal  of
prohibited
articles  into  or
from  prison  and
communication
with  prisoners.

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Power  to  arrest
for  offence  under
Section  42.

43.  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  bo  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.

44.  The  Superintendent  shall  cause  to  be  affixed,  in  a  conspicuous  place
outside  the  prison,  a  notice  in  English  and  the  *  [regional  language]  setting
forth  the  acts  prohibited  under  Section  42  and  the  penalties  incurred  by
their  commission.

CHAPTER  XI

Prison-Offences

Prison-offences.

45.  The  following  acts  are  declared  to  be  prison  offences  when

committed  by  a  prisoner  :—

(1)  such  wilful  dis-obedience  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)  wilful  disabling  himself  from  labour;

(6)  continuously  refusing  to  work  ;

(7)  filing,  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;

“Subs.  for  the  words  “Vernacular”  by  Bombay  Act,  XXUI  of  1959  (S.  3).

683

(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.

46.  The  Superintendent  may  examine  any  person  touching’  any  such

offence,  and  determine  thereupon,  and  punish  such  offence  by––

Punishment  of
such  offences.

(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;

(2)

(3)

(4)

change  of  labour  to  some  more  irksome  or  severe  form  *[for  such
period]  as  may  be  prescribed  by  rules  made  by  the  †  [State
Government] ;

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

such  loss  of  privileges  admissible  under  the  ‡[  remission  or  furlough
or  parole  system]  for  the  time  being  in  force  as  may  be  prescribed
by  rules  made  by  the  †[State  Government] ;

§[(5)  exclusion  from  the  privilege  of  earning  wages  for  a  specified  period ;

(5A)  temporary  or  permanent  reduction  from  a  higher  to  lower  grade  or
class,  or  forfeiture  of  the  grade  or  class,  or  of  all  or  specified  prison
privileges] ;

(6)

(7)

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] ;

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] ;

*  Ins.  by  Act,  XVII  of  1925,  s.  2.
†  Subs.  successively  by  the  A.  O.  1937  and  A.  O.  1950  for  “Governor-General-in-Council”.
‡  Subs.  for  the  words  “  remission  system  “  by  Bombay  Act,  XXVII  of  1953  (s.  3).
§  Subs.  for  clause  5  by  Bombay  Act,  XXIII  of  1959  (s.  3).

684

(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)  †  X  X  X;

(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;

‡  X X X X X X

(11)  §  X  X  X;

(12)  ¶[  X  X  X.

Provided that nothing in this section shall render any female or civil prisoner

liable  to  the  imposition  of  any  form  of  handcuffs  or  fetters  **  X  X  X,

Plurality  of
punishments
under  Section  46.

47.  ‡‡(l)  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)  ‡‡  X X X X  ;

*  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.

A ward of
punishments
under  sections  46
and  47.

(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

Punishment  for
breach  of
conditions  of
suspension  of
sentence,  etc.

(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.
*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).

Punishments  to
be  in  accordance
with  foregoing
sections.

686

Medical  Officer
to  certify  to
fitness  of
prisoner  for
punishment.

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.

Entries  in
punishment-
book.

Power  to  arrest
without  warrant
person
committing
breach  of
conditions    of
suspension    of
sentence,    etc.

(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.

*  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).

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

*  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.)

Criminal  liability
for  breach  of
conditions  of
suspensions  of
sentence  etc.

Procedure  on
committed  of
heinous  offence.

Offences  by
prison-
subordinates.

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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

Extramural
custody,  control
and  employment
of  prisoners.

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.

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 ;

* 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,”

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(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).

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(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.

Exhibition  of
copies  of  rules.

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.

Exercise  of
powers  of
Superintendent
and  Medical
Officer.

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.

*  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).

