GOVERNMENT OF INDIA
MINISTRY OF LAW
THE PRISONS ACT, 1894
(Act IX of 1894)
(As modified upto the 1st January, 1957)
THE PRISONS ACT, 1894
ARRANGEMENT OF SECTIONS
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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 [Repealed]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 CIVIL AND UNCONVICTED
CRIMINAL PRISONERS
31. Maintenance of certain prisoners from private sources.
32. Restriction on transfer of food a nd clothing between certain prisoners.
33. Supply of clothing and bedding to civ il 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 PRISONS
42. Penalty for introduction or removal of pr ohibited articles into or from prison and
communication with prisoners.
43. Power to arrest for offence under section 42.
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-book.
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 prisoner under sente nce 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 IX of 1894)
[22 March 1894]
An Act to amend the law relating to Prisons.
WHEREAS it is expedient to amend the law rela ting to prisons in [India except the territories
which, immediately before the 1 st November, 1956, were comprised in Part B States], and to
provide rules for the regulation of such prisons; 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]; and.
(3) It shall come into force on the first day of July, 1894.
(4) Nothing in this Act shall apply to civ il jails in the State of Bombay [as it existed
immediately before the 1
st November, 1956] outside the city of Bombay, and those jails shall
continue to be administered under the provisions of section 9 to 16 (both inclusive) of Bombay Act 2
of 1874, as amended by subsequent enactments.
2. [Repeal]. Repealed by the Repealing Act, 1938 (1 of 1938), section 2 and 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 Code
of Criminal Procedure, 1882; or
(c) any place which has been declared by th e 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, (10 of 1882) or under the 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 th e time being in force regulating the award of
marks to, and the consequent shortening of sentences of, prisoners in jails:
(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 Assist ant Surgeon, Apothecary or qualified hospital
Assistant: and
(9) “prohibited article” means an article the in troduction 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. Accommodation for prisoners.— The State Government shall provide, for the prisoners
in the territories under such Government, accommoda tion in prisons construc ted 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 superinte ndence 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.
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 te mporary 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 subor dinate to the Jailer shall perform such duties as
may be imposed on them by the Jailer with the sanc tion 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 em ployed by him, sell or let or derive any benefit
from selling or letting, any article to any prisone r 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.
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 obser vations 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 admini stration of the prison, and shall perform such
duties 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 Superint endent 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 compla ined 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 Offi cer 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 examinati on is made) an account of the appearances
after death,
together with any special remarks that appear to the Medical Officer to be required.
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 Insp ector 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.
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
confined 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 a ll 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 r ecord of the state of the prisoner’s health, and of
any wounds or marks on his person, the class of la bour 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 w ith 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, previous ly 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 agai nst 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 ma le 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 alt ogether 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.
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 th e 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 privile ge 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 criminal pris oner unable to provide himself with sufficient
clothing and bedding shall be supplied by the S uperintendent with such clothing and bedding as
may be necessary.
(2) When any civil prisoner has been comm itted to prison in execution of a decree in
favour of a private person, such person, or his re presentative, 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
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 Superintende nt, 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 opini on 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 imprisonmen t; but no prisoner not sentenced to rigorous
imprisonment shall be punished for neglect of wo rk excepting by such alteration in the scale of
diet as may be established by the rules of the pr ison 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, be reported by the officer in
immediate charge of such prisoners to the Jailer.
(2) The Jailer shall, without delay, call th e 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.
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 en tered 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 ob servations, if any, as the Jailer thinks fit to
make, and the date of the entry.
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 restricti ons, 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 a
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 pr oceeding, 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 pr ohibited 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 rules, 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 lia ble to imprisonment for a term not exceeding six
months, or to fine not exceeding two hundred rupees, or to both.
43. Power to arrest for offence under section 42.— When any person, in the presence of any
officer of a prison, commits any offence specifi ed in the last foregoing section, and refuses on
demand of such officer to state his name and resi dence, 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-offi cer, and thereupon such Police-officer shall
proceed as if the offence had been committed in his presence.
44. Publication of penalties.— The Superintendent shall cause to be affixed, in a conspicuous
place outside the prison, a notice in English a nd 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 regulati on 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) filing, cutting, altering or removing handc uffs, fetters or bars without due authority;
(8) wilful idleness or negligence at wo rk by any prisoner sentenced to rigorous
imprisonment.
(9) wilful mismanagement of work by an y prisoner sentenced to rigorous imprisonment;
(10) wilful damage to prison-property;
(11) tampering with or defacing hi story-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 escap ing, or to commit any other of the offences
aforesaid.
46. Punishment of such offences.— The Superintendent may examine any person 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 r ecorded in the punishment book and on the
prisoner’s history-ticket;
(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 sev en 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.
47. Plurality of punishments 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 ch ange of labour under clause (2) of that section,
nor shall any additional period of penal di et awarded singly be combined with any
period of penal diet awarded in combination with [cellular] confinement;
[(3) cellular confinement shall not be combin ed 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 an y other form of punishment except cellular or
separate confinement [or] loss of privilege admissible under the remission system;
[(5) no punishment shall be combined with an y other punishment in contravention of rules
made by the State Government.
[(2) No punishment shall be awarded for an y 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. 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 exceed ing one month, to the previous confirmation
of the Inspector General.
(2) No officer subordinate to the Superi ntendent shall have power to award any
punishment whatever.
49. Punishments to be in accordance with foregoing sections.— Except by order of a Court
of Justice, no punishment other than the punishme nts 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 prisone r 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 ex tent of punishment he thinks the prisoner
can undergo without injury to his health.
51. Entries in punishment-book.— (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 witn esses, the defence of the
prisoner, and the finding with the reasons therefor.
(3) Against the entries relating to each punishment the Jailer and Superintendent
shall affix their initials as evidence of the correctness of the entries.
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 o ffence, 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 a nd 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 installments, 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 unde r the age of sixteen it shall be inflicted, in
the way of school discipline, with a lighter ratan.
54. Offences by prison subordinates.— (1) Every Jailer 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 au thority or who shall withdraw from the duties of
his office without permission, or without having gi ven previous notice in writing of his intention
for the period of two months, or who shall wilfu lly 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 convicti on before a Magistrate, to fine not exceeding two
hundred rupees, or to imprisonment for a period not exceeding three months, or to both.
(2) No person shall under this section be punished twice for the same offence.
CHAPTER XII
MISCELLANEOUS
55. 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 pris on, shall be deemed to be in prison 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 prisoner 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 fe tters should be retained on any such prisoner for
more than three months, he shall apply to the In spector General for sanction to their retention for
the period for which he considers their rete ntion 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.
59. Power to make rules.— [The State Government may] make rules consistent with this
Act—
(1) defining the act 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 (Act 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 regulati ng the conditions under which prisoners in
danger of death may be released;
[(8) for the classification of prisons, and d escription 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 c ontrol 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 c onvicted 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 a ppeals and petitions from prisoners and their
communications with their friends;
(25) for the appointment and gui dance of visitors of prisons;
(26) for extending any or all of the provisions of this Act and of the rules thereunder to
subsidiary jails or special places of confinement appointed under section 541 of the
Code of Criminal Procedure, 1882 (10 of 1882), and to the officers employed, and
the prisoners confined, therein;
(27) in regard to the admission, custody, employment, dieting, treatment and release of
prisoners; and
(28) generally for carrying into effect the purposes of this Act.
60. [ Power of Local Government to make rules ] Omitted by the Government of India
(Adaptation of Indian Laws) Order, 1937.
61. Exhibition of copies of rules.— Copies of rules, under [section 59] so far as they affect
the government of prisons, shall be exhibited, bot h 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 su ch other officer as the State Government may
appoint in this behalf either by name or by his official designation.
THE SCHEDULE-[ENACTMENTS REPEALED]. Repealed by the Repealing Act, 1938 (I of
1938), section 2 and Schedule.
THE IDENTIFICATION OF PRISONERS ACT, 1920
(ACT XXXIII of 1920)
[9th September 1920]
An Act to authorize the taking of measurements and photographs of convicts and others
Whereas it is expedient to authorise the taki ng of measurements and photographs of convicts
and others; it is hereby enacted as follows:
1. Short title and extent. — (1) This Act may be called the I dentification of Prisoners Act, 1920;
and
1(2) It extends to the whole of India except 2[the territories which, immediately before the 1st
November, 1956, were comprised in Part B States].
1. Substituted for the former sub-section (2), by A.O., 1950
2. Substituted for “ Part B States” by 3 A.O., 1956
2. Definitions. — In this Act, unless there is anything repugnant in the subject or context, —
(a) “measurements“include finger-impressions and foot-point impressions;
(b) “P olice Officer “ means an officer in charge of a police station, a police officer making an
investigation under Chapter XIV of the Code of Criminal Procedure, 1898, or any other police
officer not below the rank of Sub-Inspector; and
(c) “prescribed“ means prescribed by rules made under this Act.
3. Taking of measurements, etc., of convicted persons. — Every person who has been, —
(a) convicted of any offence punishable with ri gorous imprisonment for a term of one year or
upwards, or of any offence which would render him liable to enhanced punishment on a
subsequent conviction, or
(b) ordered to give security for his good behavi our under Section 118 of the Code of Criminal
Procedure, 1898,
shall, if so required, allow his measurement s and photograph to be taken by a Police Officer in
the prescribed manner.
4. Taking of measurement, etc., of non-convicted persons. — Any person who has been
arrested in connection with an offence punishable with rigorous imprisonment for a term of one
year or upwards shall, if so required by a police officer, allow his measurements to be taken in the
prescribed manner.
5. Power of Magistrate to order a person to be measured or photographed. — If a
Magistrate is satisfied that, for the purposes of any investigation or proceeding under the Code of
Criminal Procedure, 1898, it is expedient to di rect any person to allow his measurements or
photograph to be taken, he may make an order to the effect, and in that case the person to whom
the order relates Excerpt shown. Open the full act in Lexace.
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