LexThe Prisoners Act, 1894
Chhattisgarh · state statute
Open in Lexace · Ask the AI about this actTHE PRISONS ACT. 1894
( IX of 1894)
An act to amend the law relating to Prisons
Where as it is expcdicra tu amei;.d the law relating to
prisons in India except the territorifS \\>hich immediately before
the 1st November, 1956, were comprised in Part B States other
than the Ma<fhya Bharat and Siron; .regions of the State of
Madh~ Prajesh :and to provide !"'..1le'1 for the regulation of
such prisons ; it is hereby enacted as follo\\>s:-
CHAPTER I-PRELIMINARY
1. (1) This Act may be called the Prisom Act, 1894
(?'I Tt ~vt,.nd<- !(' 1J,p ,-ht)•~ c! !~tl.!~, e.xc=pt the
,-, territories \',hich immediately before the 1st
November, 1956 were comprised in Part B States
*other than the Madhya Bharat and Sironj
regions of the State of Madhya Pradesh.
(3) It shall come into force on the first day of
July, 1894.
(4) Omitted.
2. Repealed by Act I of 1938.
3. In this Acr-
(1) "Prison" means an) jail or place used permanently
or temporarily under the general or special orders
of ;; State Guve,nwem for the detention of
prisoners, and includes all lands and buildings
:appurter.ant thereto, but doe!> nN iliclude-
(a) any place for the confinement of prisoners who
are exclush ely in the custody of the police;
(b) auy place specially appointed by the State
Government under section 541 of the Code of
Criminal Procedure, 1882; or
(1..) 1u1y place which has been declared by the State
Government by general or special order, to be
a ~ubsidiary jail;
(2) "~ iluinal prisoner' ' means ar·y prisoner duly com
m med to custody under rhe writ, warrant or
ord~r o_f 3:1Y. Court or authcim · exercising crimi
nal Jur1sd1ctl('n, or by order of a Court-martial· - - -- ,
•1oserted by Madhya Pradesh Act-No. 40 of 1961-:-
(4) By Madhya Pradesh Second b1ension of La\\> Ac!, 1961 (No. 40of 1961).
Title, extent and
commei:cc:ncut.
Debniliom. ✓
2
AQ:ommodation
for prisonen.
IIIS1)eCtM•
General.
Officcn of
Prilon1.
JAIL MANUAL [ PRISONS ACT
(3) "Convicted criminul prisc~er" m,.~rs ~r-y c~i!"";~~l
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 or under the Priso
ners Act, 1871;
(4) "Civil prisoner" means any prisoner who is not a
criminal prisoner;
(5) "Remisdon system" means the rules for the time
being ic force regulating the a~ard of marb to,
and the consequent sh0rtenmg of sentences of
prisoners in jails;
(6) ''History-ticket'' mean.s the ticket eXhibiti~g such
information as is required in respect of each pri
soner by this Act or the rules thereunder;
(7) "Inspector General" means the Inspector General
of Prisons;
(8) "Medical Subordinate" means an Assistart Sur
geon, Apothecary or qualified Hospital Assis
tant; 1>11d
(9) "Prohibited article" mcaris ::n article the introduc
tion or removal of which into or out of a prison
is prohibited by any rule und::r this Act.
CHAPTER II-MAINTENANCE AND OFFICERS
OF PRISONS
4. The State Government shall provide, for the prisone!~
in the territories under such Government, accommodation JD
prisons constructed and regulated in s11ch manner as to comflY
"'ith the requisitions of this Act in respect of the separatJOll
of prisoners.
5. An Inspector-General shall be appointed for the ter_ri
tories subject to each State Government, and shall exercise,
subject to the orders of the State Government, the general
control and superintendence of all prisons situated in the
territories 1.1nder such Government.
6. For every prison there shall be a Superintendent, a
Medical Officer (who may also be the Superintendent), a
Medical Subordirate, a JaiJor and such orber officers as the
State Government thinks necessary:
PRISONS ACT ] JAIL MANUAL
Provided that the State Government of •M:idhya Pr,,clesh
may, declare by order in v.riting that in any prison specified
in the order the office of Jailor shall be held by the person
appointed to be Superintenclent.
7. Whenever it appears to the Inspector General that the
number of prisoners m an}· prison is greater than com'eniently
or safely be kept therein, and it is not convenient to transfer
the excess number to some other prison,
or \vhenever from the outbreak of epidemic disease v.ithin
any prison, or for any other reason, it is desirable to provide
for thl" te'ffl_'.''J''~ry sh,-Jte-r imd s~f,,. ('11St0dy nf ~ny rris~n~rs,
provision shall be made, by such officer and in such
nuu1ner as the State Government may direct, for the shelter
and safe custody in temporary prisons of so many of the
prisoners as cannot be conveniently or safely kept in the prison.
CHAPTER III-DUTIES OF OFFICERS GENERALLY
8. All officers of a prison shall obey the drections of the
Sn,r~rint rn d,:nr; 211 Offire""S S!!1'ordi"::.!e to !r..e J:!ilor S.~:!11
perform such duties as may be imposed on them by the
Jailor with the :sanction of the Superintendent or be prescribed
by .-ult;i. 1.iu<lc• Scct;ou 59.
9. No officer of a prison shall sell or ler, nor shall any
person in trust for employed by him seJI 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 in
directly with any prisoner.
10. Xo officer of a pri~on shall, nor shall any person in
trust for or employed by him have any interest direct or in
direct in any cor..tract for the supply of the prison; nor shall
he derive any benefit, directly or indirectly, from the sell
or purchase of any article on behalf of the prison or belong
ing to a prisoner.
Superintendent
11. (1) Subject to the orders of the Inspector General the
Superintendent shall manage the prison in all matten 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
.substituted by M. P. Act !-:o. 40 of 1%1.
3
Temporary acco
mmodation sfor
prisoners.
Contol and duties
of officers of
prisons.
Officers not to have
busincts dealings
with pri~oncrs.
Officers not to be
ntercstcd in pr i
i•on ccntracts.
Superintendent.
4 JAIL MANUAL [ PRISONS ACT
this Act or any rule thereunder which may be ~iven respecting
the prison by the District Magistrate, and shall report to the
Inspector General all such orders and the action taken thereon.
Records to be kept 12. The Superintendent shall keei;, or cause to be kept,
by Superintendent . the following records :-
(1) a register of pr1sone1s admitted;
(2) a book sbov. ing \\ hen each prisoner is to be released;
(3) a punishment book for the entry of the punishments
inflicted on J)risoner for !)rison-offrr,ct>~;
(4) a visitor's book for the entry of any observations
made by the visitors touchii,g any matters connec
ted \\ith che administration of the prison;
(5) a record of the mcney and other articles taken from
nrisoners; :n~d all such other recorctR :is may h,
pr,--;cr it-eel hr mfp~ "",i"'!' •P<'tiC" '-0.
Medical Officer
Duties of Medical 13. Subject to the control of the Superintcrdent, the
Officer. Medical Officer shall have charge of the sanitar) adminstratios
of the prison and shall perfcnn sJch dutiei, as may be pres
cribed by rules m2de by the State Government urder sec
tion 59.
Medical OfficCTs to 14. Whenever the Medical Officer has rezson t; believe
ttp<>rt in certain that the mind of II prir,orirr is, or is likely to be, injuriously
cases affected by the discipline or m:at n:cnt to v-hic h be is subjected,
the Medical Officer shall report the case in \",riting to the
Superintendent, tcgether with such observations as he may
think proper.
This report, with the orders of the Superintendent there
on shall forth\\ ith be sent to the Inspector Gener::.! for in
formation.
R eport on ceath of 15. On the death of any priso11er, the Medical Officer
rriscner. shall forth\\-ith record in a register the following partiLu:as
so far as they can be ascertained, namely:-
(!) the day on \\-hich the deceased first complained of
illness er was observed to be ill,
(2) the labour, if any, on which he was cugagec on that
day,
(3) the scale of his diet on that day,
(4) the day on which he Mt admitted to hospital,
(5) the day on which the Medical Officer \\-3S fine
informed of the illness,
PIISONa ACT ] JAIL MANUAL
(6) the ~turc of the disease,
(7) when the deceased •as last 1CCD before his death
by the Medical Officer or Medical Subordinate,
(8) when the prilODff died, Ind
(9) (in cases where a pest-mortem c:xaminaticL is mtdc )
an account of the appear,nccs after death, tog,:ther
"7ith any special remarks that ~ppear to the Medical
Officer to be required.
16. (I) The Jailar shall reside in the prison unle16 the Jailor.
Superintendent permits him in writing to reside ebewtiere.
(2) The Jailor shall not, without the Inspector General's
sanction in writiDg, be conccn:ed in any other employme11.t.
,
17. Upon the death cf a prisoner, the Jailor shall Jailorto aive .notice · · cd" . . _._ d cf ctathofpn-. gJVe unm 1ate notice thereof to the Supermter.=nt an
the Medical Subordinate .
. 18. The Jailor shall be rcs-po~i1;>1e fer the safe c.1.sto~y f.~:n•ibili ty
ot the records to be kept t·.i:.der section 12, for the commit- ·
ment w2rrants and all other documents confided to bis care,
and for the money 2nd other articles taken frcm prisoc.crs.
of
19. The Jailor sbalJ not be absnit from the orison for Jailor to be present
• night without permissi on in v.ritjrg frcm the Supenmecdent; at night.
but, if abacnt without leave for a night from unavoidable
necessity, be shall immediately report the fact and the cause
ofit to the Superintendent.
20. Where a Deputy Jailor or Assistar.t Jzilor is appointed ~en
to a prison, he shall subject to the orders of the Superinten- j!1ilon.
dent, be competent to perform any oftbe duties, and be subj-
ect to all the responsibilities of a Jailer under chis Act or
r.nv rule thereuz:der.
Subordinate Officers
of D:put:,
Assittant
21. The officer actiDg u gate-keei;er, or tny 01hcr officer ~tics of pu-
of the prison, may examine anytbir.g carried in or out of the i:er.
prisoA, &Dd may stop and search or cause to be aurched any
person suspected of bringing any prohibited artide into or
out of the priaon, or of carrying out any property belorging-
to the prison, und, if any aucb article or p1oper1y be fow:d,
shall give immediate notice Thereof to the Jailor.
22 Officers subordinate to the Jailor lball not be absent Subotdinate offic:r • . not to be abecllt
from the pr-.n •itbout leave from the Super ,rterdrnt or withcr.1t leave
from the Jailor.
JAIL MANUAL [ PRISONS ACT
Convict officm. 23. Prisoners ""ho have been appointed as officers of
prisons shall be deemed to be public servaDts within the mean
ing of the Indian Penal Code.
CHAPTER IV-ADMISSION, REM.OVAL AND
DISCHARGE OF PRISONERS
P riso~rs to be • 24. Whenever a: prisoner is admitted into prison, he
~ on admi- shall be serached , and all ~ea pons 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 specical
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 \\'hich the l\J.edical Officer
thinks fit to add.
(3) In the case of female prisoners, the search and exami
nation shall be carried out by the matron under the general or
special orders of the Medical Officer.
rtr.:cuofprisoners. 25. All money or other articles in respect whereof no
order of a competent Court has been made,and ""hich 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.
Removal and dis- 26. All prisoners, previously to being removed to
charge of prisoner. any other prison, shall be examined by the Medical Officer.
Separation
soncrs.
of prio
..
(2) No prisoner shall be removed from one prison to ~other
unless the Medical Officer certifies that the prisoner is free
from any illne,s rendering him unfit for removal.
(3) No prisoner shall be discharged against his will from
prison if labouring under any acute or dangerous distemper,
nor until, in the opinion of the Medical Officer, such discharge
is safe.
CHAPTER V-DISCIPLINE OF PRISONERS
27. The requisitions of this Act ~ith respect to the
separation of prisoners are as follows :-
(1) In a prison containing female as well as male pri
soners, the females shall be imprisoned in se
parate buildings, or ecparate parts of the same
building, in such manner as to prevent their
...
P.lllSONS ACT ] JAIL MANUAL
seeing, or conversirg or holdirg any intercourse
with. the niale prisoners;
(2) in a !'rison where male prisoners under
the age of twenty one are confined, means shall
be pov1ded fot se~a1ating them alto1;etherfrom
the other prisoners, and for separating those of
them who have arrived at the age of pubeny
from those who have not;
(3) unconvicted criminal prisODcrs, shall belcept
apart from convicted criminal prisoners; at:d
(41 civil prisoners shall be kept apart from
criminal prisoners.
7
28. Subject to the requirements of the last foregoing Association and
section convicted criminal prisonc ·rs may be confined ~egreaation of pri-. h soners. cit er in association or intl i\idually in cells or partl} in one
way Bnd partly tn the other.
29. N'o cell shall be us:d for solitary confinement Solitary confine
unless it is furnished with the means of enabling the meni.
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 other\\ ise, shall be visited at least once a day by the
Medical Officer or Medical Subordinate.
30. Every pri.soner under sentence of death shall,
immediateJv on his arrival in tbe prison after rntence
be searched by, or b) c.rder of the Jailer and allarticles
shall be taken from him which the Jail or d eenn it dangerous
or inexpedient to leave in his possession.
(2) Evei:;, such prisoner shall be confined in a cell
apart fi.om all other prisoners and shall be placed h) da;,
and by night under the charge of a guard.
CHAPTER VI-FOOD, CLOTHING AND BEDDING
OF CIVIL UN CONVICTED CRIMINAL PRISONERS
31. A civil prisoner or an unco,ivicted criminal
prisoner shall be permitted to maintain himself, and to
purcha&e, or rec~ive from private sources, at proper hours,
food, clothing,. bedding or other necessaries, b •Jt so,b1ect
.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 rrarsgressirg the provisiOIJs of this sccticp.
shall lo~ the privilege of purchasing food or receivi,ng it
from private sources, for such time as the Superintendent
thinks proper.
Prisoners under
sentence of death.
Maintenance of
certain prisoners
from private SOU·
recs.
Restriction on tra•
nsfer of food and
cloth in& bet weeo
certain prisoners.
8
SUoPI:, of clothin11
and- beddina to
.:ivil and uncoovic
te:I criminal pri•
sonen.
JAIL MANUAL [ PRISONS ACT
33. Every civil pris011cr and uncon,ictcd criminal
prisoner unable to provide himself •ilh S\Jlicin:t clothing a&d
beddmg.ehall be supplied by the Superinter.dcnt with such
cJodul!c and beddiD& as may be ncceaary.
(2) WMn any civil prisoner has been committed to prison
in execution of a decree iD favour of a private person, such
person, or his rcpreantati1 e shall, Within forty-, ight hourl'
after the receipt by him of a demand in v.-riting pay to the
Superintendent the cost of the clothing ar.d bedding so supplied
to the prisoner; and in default of such payment the prisoner
may be released.
CHAPTER VII-EMPLOYMENT OF PRISONERS
Employment of 34. Civil priaouers may, ~ith the SuperintcJldcnt's per-
Civil prisoocrs, mission, work and follo\', any trade or profession.
(2) Civil prisoners finding their o\\-n implements, and
not maintained at the expense of the prison, shall be allowed
to receive the '\\'hole of their earnings; but the camir&s of
such as are furnished with implements or arc maintaii:ed at
the expence of the prison shall be subject to a deduction, to
be determined by the Superintendent, for the use of imple
ments and the cost of maintenance.
l:mployment of 35. No criminalprisoncrsentcnced to labour,orcmployed
crimlaal prisoncn. on labour at his own desire ahall, ~cept on an emergency
\\oith the !anction in writing of the SuperiLtcndent, be kept
to labour for mere than nine hours in any one day.
8mplo:,ment. Of
~~
aentenced to simple
unpriloomenL
(2) The Medical Officer shall from time to time examine
the labouring prisoners ,vhile they are employed, ard shall at
Ian once in every fortn.igbt caQllC to be recorded upon the
history ticht of each priSoncr cmployrd on labour the -..eight
of such prisoner at the time.
(3) When the Medical Officer is of opinion that the health
of a.uy prisoner suffers from employment or any kind of class
of labour, such prisoner mall not be employed on that labour
l,ut shall be placed on such other kir.d or class of labour as
the Medical Officer may consider suited for him.
36. Provision shall be made by the Suprill~c'f:rn~ for~
the empJoylbCnt (aa long aa they so desire) of all cr1m1~l pr1-
aonera sentenced to simple impri&omntnt, but no pr110Der
not IClltellccd to rigorous impriS0111De11.t lba!l be puniabed for
neglect of work ez~ting by auch ahcraticn in the scale of
diet as may be established by the rules of the pr i90D in the case
of neglect of~ork by such a prisoner.
. ..
PRISONS ACT ] JAI L MANUAL
CHAPTER VIII-HEAL TH OF PRISIONERS
37. The names of prisoners desiring to see the Medical Sick prisonen.
Subordinate or appear ing out of health in mind or body shall,
without delay, be reported by the officer in immediate charge
of such prisoners to the Jailor.
(2) The Jailor shall without dela}, cal! the attention of
the Medical Subordinate to any prifcx:er dcsir;rg 10 see him
or \\-ho is ill, or ,.-hoSe state of mind or body appears to require
attention, and shall carry into effect all written dirccticns given
b} the Medical Officer or Medical Subordinate respect irg :!Ite
rations of the discipline or treatmrnt of any su<h prisor.cr.
38. All dii'l..ctions giveu by the Medical Ofhccr or Medical
Subordinate in relation to any priscncr, \\it}-, the excepticn 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 haying been complied
with, accompanied by such observatic-n, if any, as the Jailor
thinks fit to m,kc and the elate of the entry.
Hospital
Record of direc
tions of Me.:!k.11
Officer.
39. In every prison a hospital or proper place for the Hospital.
reception of sick prisoners shall be provided.
39-A. The Superintendent may if in bis opinion a prisoner
requires specie1l treatment in a hospital outside tl:c priser or
in any a!>ylum as defined in the Indian Lunac) Act, 1912
(No. 4 of 1912) send him er cause bun to be sent to such
hospital or asylum, subject to the prisonc:r or any rclauve or
friend ofrhe prisoner executirg such bond and abic'.ing by such
other conditions, if any. as the State Government may prescribe.
(2) The period spent by the prisoner for such treatment
in the hospital or asylum or in going thereto or returning there
from shall be deemed to be part of the period of his detention
in the prison.
Explanation 1.-Nothing contained in this section shall
· be deemed to affect the operation of sec
tion 30 of the Prisoners Act, 1900.
Power of Supcnn
tcndmt to send a
prisoner to hospital
or asylum for spe
cial uuunmt.
sons 'Act, 1894 (No. 9 of 1894) (hereinafter referred lo as the Principal Act), shall
lo the Stale of Madhya Pradesh, be nmcndcd in the 111::11111cr hcrcinaf'lcr provided.
cclion 36 or lhc Principal /\cl, lhc following sct·lion shall he in~c11ed, n:1111('ly
'I he p1 isoncrs slwll he paid wages lur lhc e111pluy1m:111 p1 ()ViJcJ ln 1111:111 al such , ale
as may be prescribed from lime lo linie. The amount of fifty per cent. .of the total
amoun1 of wages earned by the prisoner in a 1110111h shall he kep) and deposited
in a separate common fund which shall be exclusively used fur the paymc111 of
compcnsalion to the deserving victims or his family of the offence the commission
of which entailed the sentence of imprisonment lo the prisoner. The at:counl of
lhc fund shall be maintained hy the Supcrintentlcnl of Jail in such for111 and in such
manner as may be prescribed. The rate of compcnsa1ion lO be paiJ Lo the victims
shall be fixed by a commillee consisting of such persons a~ may be prescribed.".
8 ( I)
Amendment or
Ccntrnl Art No. 9
of lll'l4 In It~
np11lka1ion lo the
Stnlc of !lladhyn
Prudc,h,
Jn-.n tton or nrw
Sccllou .1<,-A.
(. ·, ca1lo11 o( furnJ
for compensation.
• ~-~'l"-1.<f-~~ f.f'il
~ ~\f3'1R~~3TTffl
S:~-lr,i if;. ~ 1 lJJPTT.-2
~ 1TT./505/2000.
1Nil~~r '11~1tar
(~)
~ ~ 54cfil~i('f
~4]
~. ~. ~ 3 ~ 2000~~ 13, W"11921
'-lfl!ROI, ~ 3 ~ 2000
<i.fl ~'fl'i@mni,
l.{'l. lft. 1os,~2oco.
W. 92-~~-31 ("l!T.).--q~~ f<iltR ,I'll~ f.rclfufurn 31fl..Jf.-w:i, f-;m 'TT R'lT'li 29 ~ 1999 'ITT W>l'lR'l
~ 3TJGfu mr, "81 ~q,) t, ~~ W'f.ittmur rlil ~r-rrim1 ~ ~ )lrfil~m f~r -;;imr t.
ll~ ~ ~ ~ ,rq tl <ll!!l 31Jhllj@,
am-.;);. fum, 31ftl1t<RT °{:!~ •
. c~ ~-i. ~. ~-i.-i.-i. cfil ~ "'' 3TTlfu mr, it 3T:P'ITTI "B~ mm (3TTlll.flt1JT)"-q r~'!Tcli
~ ~. ~ooo ~ )leR clr{ WliTTffi! cfiT Tf{.]
. 7
8
l!~~~·
'i'1T'l ~ "llill -q
~~
~G'f'tcfil"R. 'I, cfil
tmftR.
am,~.
~- l'.l~ "tJuO'.l qi') ffill s"\1; ~ ii cliffiTITT 3TI~, ~lW ( ~l~'t "'r'-.: ) (-;;rt ~
~ 1ltl 31f~ ~ "'ITi:t it ~ t) qi') ~ ~ ~ ~fmi itfu ~ ~ ~ ~-
'' ~F.-cfi. ~ qi') ~ ~-l ~ ~ ~ ~ fuQ: ~ <lil '!fIBT'I -q:m "'!"7 - ~ ~ ~
f<fi wt11- "WPI TR f!lf~ 7.1ft ;;r1"Q, ~ r,ru 11:i; i:im 'ii -:ri,f,lu q;) 7 1i rr:;J7,,_ft 71;) 'F' · TI 7-lil 'Pl!TI "!;lf11w1
uro ~'I~~ rn~ ii m 3"ln: ~ cf:il ~ f;;rrJ-,fi1 fq; ~= mf7T oT-1 -:i•-1 ~ ~ ~
<rr ~ i:rf {cm 911 "!;lfo<fi1: roi, -;;,A ii m f-;.r,r.n. -;;rrt:('11 f~ ltfi f,~ -;ef-1 % qiW -,, ~1 <fiT q;ro,.wi
it ~ fcl:;"l!T TflTI t f.!f~ cfil B©1 ~ ~ 31tjy~ ~ ~ ~ mi; "Q.m -uftl -': ,tnfuf ~ ~
~ fq; ~ q:;\ ~ ~ qi') 'fIBR ~ ~ qffi ~ q:;\ ~ ~ miml r- ~ cF.l ~ -;;fl
~~ it~ sf-1Tft ";;fl fc!; foTfuo ~ ~-"·
~ . fc:":ltcfi 3 ~ 2000
W. 93- ~ - 3' (m.).-'lfficl ~ lW-FIFI ~ ~ 348 ~ 73'!s (3) ~ ~T-J1:R'11 ii,~ i:i•~ tmt•.r-i
:,nf•.ITT7-11'1, 1999 (~ 1 "WI. 2000) <lil 3ITT"J ~ ~ ~ mfl-rni: il ~m -~ ·-,11 -;;imi t .
•:·
Short title.
i:J~ ~ ~ ~ "'ll1'l ii ~ dll~'<ll jfll{,
3ffi" • .);.~. ~~
MADI lY A PRADESH ACT
No. I OF 2000
THE PRISONS (.MADHYA PRADESH AMEND l\'IEl\1 'CT, 1999.
!Received the assent of the Governor on the 29th Dcceml>cr. 1999: O%~nt first puhli shc,1 m
(Exua -or<linary)" <lated ~rd J;tnu:11y, 21X)0 I
dhya Pradesh Gaict·
An Act ru.1·thcr to amend the Prison~ Act, 1894, in its application to thr '-t:i ~ Vfaclhya Prnd c.~I
Be it enacted by the Madhya Pradesh Legislatu1c in the Fiftieth Year Republic of Ind
as follows :-
I, This Act may be called the Prisons (Madhya Pradesh A.cc:O::::x-: : 1, 1999.
10 JAIL MANUAL [ PRISONS ACT
(No. 3 of J 900), in cases to ,,hich that section
applies.
Explanation 11.-In this section, prisoner merrs a crr
v icted er imin2l pr iscr.u.
l'unishment for
escape or attempt
tO escape from hos
pital or asylum.
39-B. If any prisoner dealt with under section 39-A
escape or attempts to escape from the hospital or asylum to
\"vhich he has been sent or when going thereto or returning
therefrom, he shall be punished ,·,ith imprisomnert for a
term \-;-hich may extend to t\\.O years, or ,·.-ith fin.e or, ,-;-ith
both.
(2) Such punishment shaJl be in addition to the punish
ment for \"."hich the prisoner ,-:-l's liable for the offence of
._.,hich he \\as already convicted.
Provisions appli- *39-C. The orovisions of Chaotcr XLII of the Code
cable to bond s ref- • • ferrcd to in se:tion of Criminal Procedure, 1898 (No. V of 1898), sh::Jl, so far
39-A. as may be apply to the bo:ids referred to in section 39-A.
Visits to Civil and
unconvicted' crimi
nal prioncrs:
Search of visitors.
Penalty for intro
duction or removal
of prohibited ani
<:les into or from
prison and co:nmu
nication with pri
.$0nen.
CHAPTER IX-VISITS TO PRISONERS
40. Due provisicn shall be made for the admissicn, at
proper times and under proper restricti<'ns in10 every prison
of oersor s With v.hom civil er t:nconvicted er imird nrisoctrs
ma)' desire to communicate, care being take!' tbn so far as
may be consi~tent with the interests ofiustice, rrisorers under
trial may see .heir duly qualified legal advisers v. ithcut the
presence of any other person .
41. The Jailor may demard rhe name and addres~ of
any visitor to a prisoner and when the Jailor has ani ground
for suspicion may search any visitor or cause him to be
searched, but the search shall not be made in the !)reserce of
any prisoner or of another visitor.
(2) In case of an:: such visitor refusing to permit h:n:self
to be searched, the Jailor may deny him admissior.; an.d the
grounds of such proceeding v,ith the particulas 1hrec,f, shll
be entered in such record as the State Government may direct.
CHAPTERX.--OFFENCE~ IN RELATION TO PRISONS
42. Whoever, contrary tc any rule under section 59 in
troduces or removes or attem})ts by any merns \\batever to
introduce or remove into or from any prison or supplies or
attempts to supply to any prisoner outside the ! imits of a
prison, any prchibiac article.
and every officer of a prirnn who contrary to any such
knov.ingly suffers any such articles to be intrcduced in to or
• Inserted by Ma1Lys Pndes'.1 Act No. 40 of JQ,L
r.
PRISONS ACT ] JAIL MANUAL
removed from any prison, to be possessed by any prisoner, or
to be supplied to any :-,risoncr n11t$icl.t' tbt> I irn irs of l' pri6on.
and whoever, contrary to any such rule communicates
or attempts to communic&te ~irh ~ny prisoner,
and whoever abets any offence made punishable by this
secticn.
Shall, on conviction before a Magis1ri;1c, be liable to im
rrisonment for a term nor exceeding six rncnrhs, or to fine
not exceeding t"°o hu11drcd rupees, or to both.
43. When any person, in tJ,c 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 bis
name and residence or gives a name or rcsidc11cc ~hich such
officer kno\l s, or ha, reason to belic,·c, to be false, such officer
~ay arrest him, and shall, Without unncccss::ry delay mi>.kc
htm over to a police officer, 2nd thereupon ,uch police officer
shall proceed as if the cffence I.ad been committed in this
presence.
JI
Power to arrest for
ofl'enc~ under sco
tion 42.
"44. The: Suuerintcrdelll sh:;11 u.t.•c to be affo,td in a Publi,atior
con;pic:.iou, place outside the pl ,son a m:.ticc i11 English i.nd penalties.
anJ Hindi ir Devr:agari s~ript ~ttirg fo11h 11-e acts prcnibited
u~der seci<'.1 4? and !he penalties incurred 1'y their coll"mi-
S'>1on.
, CHAPTER XI-PRISON OFFENCES
45. The folio\~ ing acts are declared to be prison offences
\7hen C()mmitted by a prisc-ncr:-
( 1) such wilful disobcdienc.:e to any regulation of the
prison as shall ha\ c been declared by rules made
und'~r section 59 to be a prison ~ffencc;
~2) a:iy assault or use of er iminal force;
(3) the u~c of insulting or threateniJ:g Iaaguagc;
(4) immoral er indecent or dis.>rdcrly bebavio\;r;
(5) Wilfolly disabling himself from labour ;
(6) contumaciously refusirg to work;
(7) fili:ig, cuning_ altering or removing handcuffs, fetters
or bars \;"irhout due authority;
(t) wilful idleness or negligence at w0rk by any prisoner
sentenced to rigorous imprisonmu:t;
• SuhstitutcJ 1-y MaJh~a l'raJesh .\ct -10 of 1%1.
-,
~
q)
Ol
{,
0
l,
q
12
(9)
(10)
(11)
(12)
(13)
(14)
(15)
JAIL MANUAL [ PRISONS ACT
wilful mismaruiE,ement of work by any prisoner
aentenced to rigorous imprisonment;
wilful damage to prison rroreny;
tempering with or defacing histcry-ticke 1s, reco1ds
or documents;
recci\,ing, possessing or transfening any prohib ircd
articles;
feigning illness;
wilfull> brir.giLg r false accusaticn ::g:;.ii:st any
officer or prisoner;
ommittiog or refusing to report, as soon as it
comes to his knowledge, the occurrence of any
fire, :inv plot or conspiracy, anv escape, attempt or
orc-:r.~rion to t s:-::r-e. ::r.d ::r,·
0
":-d· nr rrer::r::r ion
for at:ack upon any p~i;oner or ~ffici::I, ::nd
(16) conspiring to escape, or to as,ist in cscap;rf; or tc
commit any other of the c-,flences dore~id.
Pu'li,h ment of such 46. The S up1:r iutendent may cx:imir.c any pc:rscn touch
u.feoccs. ing an:,, such 0ff~nce, and determine thcreupC'I!, and pu.-.ish
such off.!nce by: -
(1) a formal ,,arning;
E,.p/anat1on.-A formal \\aming sh::11 me.m a ,..,arn.ing
personally :;ddrcssed to a prisoner by rlic Surnir.tu:dtu
and recorded iu the punishment-book iir.d en the prisoner's
history ticket;
(2)
(3)
(4)
chani;e of labour to some more irksome or severe
form for sJch period as may be prescribed by rules
made by the State Go\'ernment;
hard labour for a peric-d not exccediq; senn c: ys
in the case of convicte d criminal prisoners rot
se;' tenced to rigorous imprisc,nment;
such less of pr ivile~eSl'dmissib 'e l'rder the remi
ssion system fnr the rime bcir.g in force as ma~ to
be prescribed by rules mi:.de by the State Gove1n
mcnt;
(5) rhe substitution of gunny or other coarse fabric
for clothin~ cf other material , not beivg \":oolkn,
for a period which sh:111 not exceed three months;
(6) imoosition ofhacclcuifs of such pattern n:d weight,
in such manner and for such oerioc as may be pre
scribed by r·ules made by the Starr Government;
(7) imposition offetters of such pattGn and ,,eight, in
such m:-vPer ~r.d for such pcricd, as may be pres
cribed b) rules made by rhc State Gonmment;
PRISONS ACT ] JAIL MANUAL
(8) aepamtc confinement or any pt:Tir.d nor ,-,rcttdiPg
three months;
Bxplanatwn.-5cparalc confinement means such con
finement with or •ithout labour as sech .. des a
prilOner from communication with, but not from
sight of other prisoners, and allo\\-s him not
Jess than one hour's exercise J)(r diam and to
have his mcels in association with one or more
other prisoners;
(9) Penal diet.-that is, 11:sLri<:.Lil'l1 <;f d:et in such man
ner and subject to such conditions regarding
labour as may be prescribed by the St:ite Govern
ment;
Provided that such restr :cticn of diet shall :n no case
be itpplkd to a p1iso!Jc:l fu1 mort: :h::n ni1.:.t:ty-six con
secutive hours and shall not be rept.atecd except for
a fresh offence nor until after an interval of one
v.eek;
(10) cellular confinement for any peri~ not excecdiog
fourteen day,;;
Provided that lifter each peric.d of cellular confir.ur.rnt an
interval of not less duration than such pericd must ekpse
before the prisoner is again sentenced to cellular or solitary
confinement;
E..:planarion.-Cellufar confinement mums such confine
ment with or \\oithout Jabour .. s entire]) scch:dcs
a prisoner from communication with, but not from
sight of, other prisoners.
(11) Penal diet as defined in cluase (9) combined \\oith
cellular confinement.
*(12) Omitted.
Provided thatnothir,gin this section shall render any female
or civil prisoner liable to the imposi tier. cf any form ofb:ind
cu11's or fetters.
47. [I] Any two of the punishments enumerated in
the last foregoing section lll2Y be awarded for any such offence
in combination, sub1ect to the follov.-ing e:i.c<ptkr.s, namely:-
(1) form al wamir,g shall not be combined \\-ith any
other punishment except Joss of privilfges ur:der
clause (4) of that section;
(2) penal diet shall not be combined with change of
labour under clause (2) of that section, nor shall
• Omincd by Madhya PraJ.-,h Act, 40 , f 1961.
13
Plurality of pwmb
mentunder secdDll
46.
14
Award of punisb
mau under section
'16 and 47.
Punishment to be
in accordance with
foregoing sections.
Medical Officers to
certify to fitness of
priaoncr for punisb
mau.
JAIL MANUAL [ PRISONS ACT
any additional pcrmd of~nal d~t a\\-:irded sir,gly
be combined with any period of penal diet a\\arded
in combination with ceIJuJ,r confinem(nt;
(3) cellular ccnfinem~t shall not be combined \\ith
separate confinement, so as to prolong the total
period of seclusion to which the priscner shall be
liable;
*(4) Omitted.
(5) no punwunent will be combined with any other
punishment in contravention of rules made by the
State Go\'CJ'nmcnt;
[2] No punishment shall be awarded for any such offence
so as to combine, with the punishment awarded for any other
such ofi'cncc, two of the punishments Which may not be
a,..ardcd 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.
(2) No officer subordinate to the Superintendent shall
have power to award any punishment Y.hatever.
49. Except by order ofa Court of Justice, no punishment
other than the punishments specified in the forcioing sections
shall be inflicted on any prisoner, and no punishment _shall
be in.Oictcd on any prisoner otherwise tbaa i.D accoroance
with the prov is ions of those sections.
••so. (1) No punishmrnt of penal diet, e1th~r singly or
in combinati(Ja, or of change of labour wider sect.iGD 46, ~use
(2) shall be ezecuted until the prisoaer to whom sadi pan1_1b
mcnt has been awarded has been examined b:, the Mahcal
Officer, who, if he considers the prisoner fit to undergo ~e
punishment, shall certify accordingly io rJ,e appropriate
column of the punishment book prc9Cfibnl in KCtd 12.
(2) If he considers the prisoner unit t~ ~;o t~e
punishment, be shall in like a , ~ecsd rus oplllloD m
wr itting and shall state \\-hctba lbc prisonu ii ab!lolutely ~t
for punishment of th£ kind a~ed, or whether he considers
any modification necessary.
• Omiued by Ma.illya lradesh Scalnd Extention of Laws Act, 1951.
.. Substituted by Madhya Pradesh Acr, No. 40 of 1961.
PllSONS ACT) JAIL MANUAL
(3) In the latter case he sh,'11 sta~ ~J,:ir c:,.:tent of p..mish
mau he thinks the prisoner can undergo Without in1ury to his
health.
51. (1) In the punishment-book prescribed in section
12, there shall be recorded in respect cf every punishment
inflicted, the p1isoner's name, register number and the class
(Whether habitual or not) to Which he belongs, the prison
ofi"cnce of which hcWaa guilty, the date on which such prison
ofi"encc was committed, the number of previous prison-offences
recorded againtt the !Jrisoner, and the date of his lau priam
ofi"encc, the puni•h~nt awarded, aDd the date of infliction.
(2) Io the case of every ,crious prillOtl off'encc, the names
of the witnesses proving the otlence 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 C'!'!trits.
52. (1) If any prisoner is guilt) of any offfllce against
prison-discipline Which, by rc88()D of his having frcquen1ly
committed such offences or otherwise m the opinion of the
Superintendent, is not adequately punishable by the infliction
of any punishment v..hich he has power WJdcr this Act to
award, the Superintendent may forv.ard such prisoner to
the Court of any M'lgistrate of the first class having jurisdic
tion, together with a statem,nt of the circumi.1anas, and such
Ma~istrate shall thereupon inquire into and try the charge
so brought against the prisoner, and, upon conviction, may
9CDtence him to imprisonment which ffl8) extend to one year,
such term to be in addition to an} term for v.hich 1uch prisoner
was undergoing imrrisonmcm when he committed such
offence or may Kntence him to any of the punishments
enumerated in section 46.
(2) Both the provisions omimd.
53. Omitted.
15
Entries in puoisb
mcnr book.
Procedure on com•
mittal of heinous
oP.t"nces.
54. (1) Every Jailer or officer of a prison subordinate to Offcnc~ ofpruoa
him who !>ball he guilty of any violation of doty or wilful !tbordinatcs.
breach or neglect of any rule or re,r:ul&tion or 1a ... ru1 order
made by competent authority, or who shell Widldraw from
the duties of his office Without permission, or without having
given previous noitce in writing of his intemi<'n: for w period
oftw;,monthson,hosball wilfully oventa) any lcavegranted
to him, or who shall engage "'ithout authority in any employ-
ment other than bis prison duty, or v.bo shall be guilty of
Extramural custo
dy, control and
employment of
prisoner.
Confinement an
irons.
Confinement of
prisoners under
sentence of trans
portation in irons.
Pr 1soners not 10
be ironed by Ja ilor
except 11I1der
necessity.
Power to make
rules.
JAIL MANUAL [ PlllSONS ACT
cowardice, shall~ liable on conviction; hcfor,. a Maii~tt'lltc,
to fine not exccediD-g two hundred rupees, or to impiisonmcnt
for a period not exceeding three months or to both.
*(2) Omitted.
CHAPTER XIJ-MJSCBLLANEOUS
55. A prisoner, ~hen being taken to or from any
prison in which he ma} be l~fully confined, 0 1 ""hen
ever he is ¼Crking outside or is other~ise beyond the
limits of any such prison in or under the lawful custody or
contro,l of a prison offic~r belonging to such prison, shall
be deemed to be in prison and shall be subject to all the
same inciti.ents as if he were actually in prison.
56. Whenever the Superintenti.cnt considers it r ece
ssarr (wit.li ::;:fe:::~c: either to the state of prison or the
character of the prisoners) for the safe cunod; of any
prisoners that they should be confined in irons he maJ
subjects to such rules and isntructions as may be laid
down l:>} the Inspector General with the sanction of thc
State Government, so confine them.
57. (1) Prisoners 1.~nder sentence of transponation mr.y
subiect to any rules made under section 59 be confined
in fetters for the first three months after admission to
prison.
(2, Should the Superinterdent cor.sicer it necessary,
either for the safe custody of the prisotier himself or for
any other reason, that fetters should be retained on any
such prisoner for more than three months, be shall appl:,
to the Inspector General for sanctiOlJ to tl",cir l"Ctcr,tion
for the oeriod for \'Y:1 ich he considers their retention
necessary and the Inspector General ma} sanction n:.ch
retention accoYdingly.
58. No orisoner, shall be put in irons or under mechari
cal restrai~t by the Jailor of his own autbori~y, except
in case of U"gent necessity in whic~ case nonce thereof
shall be forthwith given to the Superintendent.
59_ The State Goveroment may make rules consis
tent with this Act-(l) defining the acts which shall cc,nstitute priS()n-
oflen:::es
(2) determinint- the dass1ficauon of pusor,-ofiences
into c;::ric,us arc. minor offence;
• Substituted by Madhya Pradesh Act, 11 of 1968.
PRISONS ACT 1 JAIL MANUAL
(3) fixing the punishments ,dmiss1bk under this Aa
which shall be awardable for commision of
prison offences or classes thereof;
( 4) declaring the circumstances in which acts constitu
ting 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 a~ard of marks i;nd the shortening of
sentences;
(6) regulaticg the use of arms against any prisoner or
body of prisoners in the c,se or an outbreak or
attempt to escape;
(7) defining the circumst2nc,s and reguh11.iLg the condi
tions under which prisoners in danger of death
may be releas..d;
(8) for the classifi::ztic•n of prisoc.s, ard description and
C"'l::J.S ructior: c,f wa1ds, ,ells ar d oth, r p:ares of
de ~=-tion;
(9) for che regulation by numbers, lec.g1b or character
of s.:nt.:nccs or otherwise of the prisoners to be
confined in each class of prisons;
(IO) for the Government of prisons and for the :ippoint
ment of all officers appointed ur.der this Act;
(11) as to the food, bedding and clothiLg of criminal pri
soners and c,f civil prisoners maintair:c:d other
v.. ise than at their own ccst;
(12) for the employment instruction ac.d cc-ntrol of
convicts\". ithin or without priscr.f;
(13) for defining articles the intrcducticn er rcmovr.1 of
\7hich into or out of prisons without due authority
is prohibited;
(14) for classifying and prcscr:birg tre forms cf labour
and regulatir:g the periods of rest fiom lrbour:
(15) for regulating the disposal of the pro:-eeds of the
employment of prisoners;
(I 6) for regulating the confinement in fetters of prisoners
sentenced to transportation;
(17) for the classification and the separation of prisoners;
(1S) for :·e~ulating the confinement of convicted crimioal
prisoners under section 28;
17
18
Power of Local
Govenmxnt to
make rules.
Exlubition of co
pies of rules.
Eller cisc of ;,owcrs
of Superintendent
allti Medical Officu.
JAIL MANUAL [ Pk.11,0NS ACT
(19) for the pteparatioo &lid mai.nte11ancc of history
tickets;
(20) for the selection and appointm(nt of priscnc.rs as
officers of prisons;
(21) for rewards for gocd conduct;
· (22) for regulating the transfer of priscl!Cn wbcse terms
of transportation or imprisonment is about t\J
expire, subject, hov,.cver, to the c0119ent of the
State Government of any other state to which the
prisoner is to be transfernd;
(23) for the treatment, transfer and disposal of criminal
lunatics or recovered criminal lunatics confined
in prisons;
(24) for regulating the tnm.smissicfl of appesls rrd peti
tioDs from prisoners and their communicaticns
\",ith their friends;
(25) for the appointment and guidance of visitors of
prisons;
(26) for extending an} or all of the provisions of this Act
and of the rules thereunder to Subsidiary Jails or
special places of confinement appointt:d under
section 541 of the Code of Criminal Procedure,
1882, and to the officers emplcyed, and the pri
soners confined, therein;
(27) in regard to the admission, custody, employment,
dieting, treatment and release of prisoners; and
(28) generally for cairyi.ng to diect the purposes of this
Act.
*60. Omitted.
t61. Copies of rules, under section 59 so far as they affect
the Government of prisons, shall be exhibited, both in EI'g!ish
andinHindiinDevnagri script in somcconspicuo&J.Splaceand
to which all persons employed wilhin a prillOD have access.
62. All or any of the powers and duties confemd and
imposed by this Act on a Superintendent or Medical Officer
may in his absence be exercised and pcrfornu:d by such orheI
officer as the State Government may appoint in this behalf
either by name or by his official dcsigmticn.
~ tJ, die Gaftrnmmtof llldiaCA,doptioa c,f Indiaa La- Order, 1937).
TAmcnded by Madhya Pndah Act. No. 40 of 196L
.., ..
l'RlSQNS ACT] JAIL MANUAL
THE SCHEDUU
B•act,ne,w r,p,akd
(Repealed by the Repealin., Act, I of 1938), 2 and Sch .
·19