The DELHI PRISONS ACT,2000

DDEELLHHII  PPRRIISSOONNSS  AACCTT,,  22000000  
Published in Delhi Gazette dt. 14 th  February, 2002 vide 
Notification No. F-14(28)/LA-2000-2002/101 
 
Delhi Act No.2 of 2002 as passed by the Legislative 
Assembly of National Capital Territory of Delhi on 23 rd  
November, 2000. 
Preamble 
A Bill to provide for the detention of prisoners committed to prison custody and for their 
reformation and rehabilitation with a view to ensuring safe detention and minimum 
standards of treatment of prisoners consistent with the principles of dignity of the individuals 
and for matters connected therewith or incidental thereto. 
 
 Be it enacted by the Legislative Assembly of the National Capital Territory of Delhi in the 
Fifty first year of the Republic of India as follows: 
 
CHAPTER I 
PRELIMINARY 
Title, extent 
 and 
commencem
ent 
1. 
(1)  This Act  may be called ‘Delhi Prisons Act , 2000 ’. 
(2) It extends to the whole of the National Capital Territory of Delhi. 
(3)  It shall come into force, on such date as the Lieutenant 
Governor of the National Capital Territory of Delhi may, by 
notification in the official Gazette, appoint.  
 
Definitions 2. (1)  In this Act, unless the context otherwise requires,  
(a) ‘Civil Prisoners’ means any prisoner who is not a criminal 
prisoners; 
(b) “Competent authority” means any officer having jurisdiction 
and due legal authority to deal with a particular matter in 
question; 
(c) ‘Convicted criminal prisoner’ means any criminal prisoner 
under sentence of a court or court material, and includes a 
person detained in prison under the provisions of Chapter VII 
of the Code of Criminal Procedure, 1973 (2 of 1974); 
(d) ‘Criminal Prisoner’ means any prisoners 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; 
(e) Court’ includes a corner and any officer lawfully exercising 
 
:2: 
 
civil, criminal or revenue jurisdiction;  
(f) ‘Dangerous prisoner’ means any prisoner who is violently pre-
disposed or likely to escape; 
(g) “ Delhi” means the National Capital Territory of Delhi. 
(h) ‘Furlough’ means leave as a reward granted to a convicted 
prisoner who has been sentenced to rigorous imprisonment 
for five years or more and has undergone three years 
thereof; 
(i) “Government” means the Lieutenant Governor referred in 
article 239AA of the Constitution.   
(j) ‘History ticket’ means the ticket exhibiting such information 
as is required in respect of each prisoner by this Act or the 
Rules there under; 
(k) ‘Inspector General’ means the Inspector General of Prisons; 
(l) “Lieutenant Governor” means the administrator of the 
National Capital Territory of Delhi appointed by the President 
under Article 239 of the Constitution. 
(m) ‘Medical Officer’ means a gazetted officer of the 
Governmental and includes a medical practitioner declared by 
general or special orders of the Government to be a medical 
officer. 
(n) ‘Medical subordinate’ means a qualified medical assistant; 
(o) ‘Notification’ means a notification published in the Official 
Gazette; 
(p) ‘Parole system’ means the system of releasing prisoners from 
prison on parole by suspension of their sentences in 
accordance with the rules; 
(q) ‘Prescribed’ means prescribed by rules; 
(r) ‘Prison’ means any jail or place used permanently or 
temporarily under the general or special orders of the 
Government for the detention of prisoners, and includes all 
lands, buildings and appurtenances thereto, but does not 
include; 
(i) any place for the confinement of prisoners who are 
exclusively in the custody of police; 
(ii) any place specially appointed by  Government under 
Section 417 of the code of Criminal Procedure, 1973(2 
of 1974); 
(iii) any place which has been declared by the Government 
by general of special order to be a special prison. 
(s) ‘Prohibited article’ means an article, the introduction or 
removal of which into or out of a prison is prohibited by any 
rule made under this Act ; 
(t) Remission System’ means the system or regulating the award 
of marks to, and the consequent shortening of sentence of, 
prisoners in prison; 
(u) ‘Rules’ means a rule for the time being in force, made under 
or in pursuance of, this Act; 
 
:3: 
 
(v) “Section” means a section of this Act;  
(w) ‘Security prisoner’ means any prisoner against who there is a 
threat from any person; 
(x) ‘Senior  Medical Officers” means a medical officer senior to 
other medical officers posted in a prison;  
(y) ‘Subordinate officer’ means every non’G azetted officer  
 serving in the prison; 
(z)”‘Superintendent means the officers who is appointed by the  
Government to be in charge of a prison with such designation 
as it may specify; 
( aa) ‘Young offender’ means a person who has attained the age 
of sixteen years in case of a boy and eighteen years in case 
of a girl, but has not attained the age of twenty-one years; 
  (2) Words and expressions used herein and not defined but defined 
in any other enactment applicable in any Delhi shall have the 
meanings respectively assigned to them in those enactments 
 
 
 
:4: 
 CHAPTER II 
ESTABLISHMENT AND OFFICERS OF PRISONS  
Accomodation  
In  prisons 
 
 
3. The Government  shall provide in its jurisdiction accommodation in 
prisons constructed and regulated in such manner as to comply with 
the requisitions of this Act  in respected of the separation of 
prisoners . 
SUPERINTENDENT 
Power of 
State  
Government 
to appoint 
Inspector 
General and 
 other 
officers 
and staff 
4. (1) The Government shall, by notification, appoint an Inspector 
General of Prisons to be in charge of the administration and 
management of all the prisons, in Delhi, who shall belong to 
IAS/IPS service.  
(2) The Government may also, by notification, appoint as many 
Additional, Joint, Deputy or Assistant Inspectors General of 
Prisons as it may think fit or necessary to assist the Inspector 
General in exercising the powers and performing the functions of 
the Inspector General under this Act; 
(3)  The Government shall provide the necessary administrative 
staff in the headquarters and the regional offices of the Inspector 
General. 
 
Inspector 
General 
5. 
 
 
 
 
(1) The Inspector General shall exercise his powers and perform his 
functions under this Act subject to the general supervision and 
control of the Government, and the other officers appointed 
under this Act shall work under the general supervision, control 
and direction of the Inspector General and shall be responsible to 
him. 
(2) The Inspection General shall be responsible for the allotment of 
work to the officers appointed under this Act and may delegate 
any of his functions to such officers. 
 
Officers of 
prisons 
6. For every prison there shall be a Superintendent, a Deputy 
Superintendent, a Medical Officer, a Law Officer, a Welfare Officer, 
and such other officers as the Government thinks it necessary. 
 
Temporary 
accommodati 
on 
for prisoners 
7.  Whenever it appears to the Inspector General that: - 
(a) 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. 
(b) 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 prisoner; 
Provision shall be made, by such officer and in such manner as the 
Government may direct, for the shelter and safe custody in 
temporary prisons, of so many of the prisoners as cannot 
conveniently or safely be kept in the prison. 
   
 
:5: 
 CHAPTER III 
DUTIES OF OFFICERS 
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 Deputy 
Superintendent shall perform such duties as may be imposed on 
them by the Deputy Superintendent with the sanction of the 
Superintendent or be prescribed by rules under Section 71. 
Officers not 
to 
have 
business 
dealing with 
prisoners 
and 
others 
9. (1) No officer of a prison shall sell or let, nor shall any person in 
trust 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; 
 
(2) No officer of a prison shall accept any gift from a prisoner or a 
person having any dealings with prison administration.  
 
Officers not 
to 
be interested 
 
in prison  
contracts 
10. No officer of a prison nor any person in trust or employed by him, 
shall have any interest, direct or indirect, in any contract for the 
supply to the prisons; nor shall he derive any benefit, directly or 
indirectly, from the sale or purchase of any article on behalf of 
the person or belonging to a prisoner. 
 
SUPERINTENDENT 
Superintende 
nt 
and his 
 residence in 
prison 
 
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. 
  (2) The Superintendent shall reside in the prison premises unless the 
Inspector General permits him in writing to reside elsewhere. 
 
Records to 
be 
 kept by 
Superintende 
nt 
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 made 
under Section 71. 
 
 
:6: 
 MEDICAL OFFICER 
Duties of  
Medical  
Officer  
 
13.  Subject to the control of the Superintendent, the Medical Officer 
shall have charge of health and sanitary administration of the 
prisons and shall perform such duties as may be prescribed by rules 
made by the Government under Section 71. 
 
Medical 
Officer to 
report in 
certain cases 
 
14. (1) Whenever the Medical Officer in charge of a prison 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. 
 
(2)   The medical officer shall not administer any such medicine to 
any prisoner without informing him of what is being 
administered to him. 
This report, with the orders of the Superintendent thereon, shall 
forthwith be sent to the Inspector General for information. 
 
Report on 
death of 
prisoner 
15. (1) On the death of any prisoner, the Medical Officer in charge shall 
forthwith record in a register the following particulars, so far as 
they can be ascertained, namely : 
(a) the day on which the deceased first complained of illness or 
injury or he was observed to be ill or injured; 
(b) the labour, if any, on which he was engaged on that day; 
(c) the scale of his diet on that day ; 
(d) the day on which he was admitted to hospital; 
(e) the day on which the Medical Officer was first informed of the 
illness or injury; 
(f) the nature of the disease and/or injury; 
(g) when the deceased was last seen before his death by the 
Medical Officer or Medical subordinate; 
(h) when the prisoner died; and 
(i) an account of the appearances after death, together with any 
special remarks that appear to the Medical Officer to be 
required. 
  (2) The report of such death shall forthwith be sent to the 
Superintendent and the Inspector General by the Medical Officer 
to be required. 
(3) When the Superintendent or Inspector General receives 
information that a person has committed suicide, or has been 
killed by another, or by an accident, or has died under 
circumstances raising a reasonable suspicion, that some other 
person has committed an offence, he shall immediately give 
information thereof to the nearest Executive Magistrate 
empowered to hold inquests, in accordance with sub section (4) 
of Sections 174 and 176 of the Code of Criminal procedure, 1973 
(2 of 1974)  and such Magistrate shall hold an inquiry into cause 
of death. 
 
:7: 
 DEPUTY SUPERINTENDENT 
Deputy 
Superin- 
tndent to 
reside in 
prison 
16.  The Deputy Superintendent shall reside in the prison, unless the 
Inspector General permits him in writing to reside elsewhere. 
 
Deputy 
Superintende 
nt to 
give notice 
of 
death of 
prisoners 
17. Upon the death of a prisoner, Deputy Superintendent shall give 
immediate notice thereof to the Superintendent and the medical 
Officer. 
 
 
Responsibilit 
y  
of Deputy 
Superintende 
nt 
18. The Deputy Superintendent shall be responsible for the safe custody 
of the records to be kept under Section 12 for the commitment 
warrants and all other documents confided to his care, and for the 
money and other articles taken from prisoners. 
 
Deputy 
Superintende 
nt 
to be present 
 
at night 
19. The Deputy Superintendent 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  
Assistant 
Superintende 
nts 
20.  An Assistant Superintendent 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 Deputy superintendent under 
this Act or any rule made thereunder. 
SUBORDINATE OFFICERS 
Duties of 
gatekeeper 
 
 
21. The officers acting as gatekeeper, or any other officer of the prison 
may examine any thing 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 immediately notice thereof to 
the Deputy Superintendent. 
 
Subordina te  
officer not to 
be absent  
without 
leave 
22.  Officers subordinate to deputy Superintendent shall not be absent 
from the prison without leave from the Superintendent or from the 
Deputy Superintendent. 
 
Utilisation of 
 the services 
of 
prisoners 
23. The Superintendent may utilize the service of prisoner, in 
accordance with the rules, for efficient management of the prison. 
 
 
:8: 
 CHAPER IV 
ADMISSION, REMOVAL AND DISCHARGE OF PRISONERS 
Prisoners to 
be 
Examined on 
Admission 
24. (1) Whenever a prisoner is admitted in prison, he shall be searched, 
and all weapons and prohibited articles shall be taken from him. 
 
  (2) Every criminal prisoner shall also, after admission, be examined 
on the same day under the general or special orders of the 
Medical Officer, who shall enter or cause to be entered in a book, 
to kept by the Deputy Superintendent, a record of the state of 
prisoners’ 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 a female prisoners, the search shall be carried out 
by the matron and the medical examination by the Female 
Medical Officer. 
 
Effects of 
Prisoners 
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 
brought to the prison for his use, shall be placed in the custody of 
the Deputy Superintendent. 
 
Removal and 
Discharge 
Prisoners 
26. (1) All prisoners, before being removed to any other prison, shall be 
examined by the Medical Officer/Female Officer, as the case may 
be. 
 
  (2)  No prisoner shall be removed from one prison to another unless 
the Medical Officer/Female 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 of dangerous distemper, nor until, in 
the opinion of the Medical Officer/Female Medical Officer, such 
discharge is safe. 
 
  (4) The Superintendent may seek orders, as soon as possible, from 
the court of Chief Metropolitan Magistrate regarding further 
detention of a prisoner whose release orders have been received 
in local cases and against whom a production warrant from an 
outside court has been received by the Superintendent. 
 
:9: 
 CHAPER V 
DISCIPLINE OF PRISONERS 
Responsibilit 
y 
of 
Superintende 
nt 
27. The discipline in the prison shall be maintained by the 
Superintendent firmly, fairly and in an equitable manner in 
accordance with the rules.  
 
Separation of  
Prisoners 
28.  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 with the male prisoners; 
(2) female prisoners convicted or charged for an offence under the 
Immoral Traffic (Prevention) Act, 1956 (104 of 1956) for any 
sexual or other offence involving grave moral depravity, shall be 
segregated from all other types of female prisoners. 
(3) 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 sixteen years but are below 
the age of eighteen years; 
(4) unconvicted criminal prisoners shall be kept apart from convicted 
criminal prisoners; 
(5) civil prisoners shall be kept apart from criminal prisoners. 
(6) dangerous/security prisoners shall be kept separately; and 
(7) detenus shall be kept apart. 
(8) all blood relation prisoner, separated on grounds of different sex, 
shall be allowed to meet each other once a week in presence of a 
jail officer. 
 
Association  
and 
segregation 
of 
prisoners 
29.  Subject to the requirements of the last foregoing section, criminal 
prisoners may be confined either in association or individually in 
cells or partly in one way and partly in the other. 
 
 
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 the 
order of the Superintendent, and all articles shall be taken from 
him, which the Superintendent deems it dangerous or 
inexpedient to leave in his possession. 
(2) Every such prisoner under a finally executable sentence 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. 
 
:10 : 
 CHAPER VI 
FOOD, CLOTHING AND BEDDING OF CIVIL PRISONERS 
Maintenance 
of certain 
prisoners 
from 
private 
sources 
 
31. A civil prisoner shall be permitted to maintain himself, and to 
purchase, or receive from private sources at proper hours and days 
foods, clothing, bedding or other necessaries, but subject to 
examination and to such rules as may be approved by the Inspector 
General. 
  
Restriction 
on 
transfer of 
food  
and clothing 
between 
certain 
prisoners 
32. No part of any food, clothing, bedding or other necessaries 
belonging to any civil prisoners and any prisoner transgressing the 
provisions of this section shall lose the privilege or purchasing food 
or receiving it from private sources, for such time as the 
Superintendent thinks proper. 
 
Supply of  
clothing and 
bedding to 
civil  
prisoners 
33.  Every civil prisoner unable to provide himself with sufficient clothing, 
bedding and other necessities shall be supplied with such clothing, 
bedding and other necessities as may be prescribed in the rules. 
 
:11 : 
 CHAPER VII 
EMPLOYMENT OF PRISONERS 
Employment 
of 
civil 
prisoners 
34. (1) Civil prisoners may, with the permission of Superintendent, and 
subject to such restrictions as the Superintendent may impose, 
work and follow any trade or profession available in prison. 
(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 determined by the 
Superintendent for the use of implements and the cost of 
maintenance. 
 
Employment 
of 
criminal 
prisoners 
35. (1) A criminal prisoner desiring to be employed on labour, may be 
employed with the permission of the Superintendent subject to 
such restrictions as may be prescribed in the rules made under 
this  Act. 
(2) 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. 
(3) 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 the such 
prisoner at the time. 
(4) When the Medical Officer is of the 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 of class of labour as the Medical Officer 
may consider suited for him. 
 
Employment 
of 
criminal 
prisoners 
sentenced to 
simple 
imprisonmen 
t 
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.  No such prisoners shall be punished for 
neglect of work. 
 
:12 : 
 CHAPER VIII 
HEALTH OF PRISONERS 
Sick 
prisoners 
37. (1) The names of prisoners desiring to see the Medical Officer or 
Medical subordinate or appearing out of health in mind or body 
shall, without delay, be reported by the officer-in-charge of such 
prisoners, to the Deputy Superintendent. 
(2) The Deputy Superintendent shall, without delay, call the 
attention of medical Officer or medical subordinate 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 Medial 
subordinate respecting alternation of the discipline or treatment 
of any such prisoner. 
 
Record of 
directions of 
Medical 
Officer 
38. All directions given by the Medical Officer or Medical subordinate in 
relation to any prisoner, with the exception or 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 records as the  Government may be 
rule direct, and the Deputy Superintendent 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 Deputy Superintendent thinks fits to 
make, and the date of the entry. 
 
Hospital  39.  
 
In every prison a hospital/dispensary or proper place for the 
reception of sick prisoners shall be provided. 
 
:13 : 
 CHAPER IX 
INTERVIEWS AND LETTERS 
Interviews 40. Due provision shall be made for the admission, at proper time and 
days and under proper restrictions, into every prison of person with 
whom prisoners may desire to communicate, care being taken that 
so far as may be consistent with the interest of justice, prisoners 
may see their duly authorized and qualified legal practitioner without 
the presence of any other person. 
 
Search of 
visitors 
41. (1) The Deputy Superintendent may demand the name and address 
of any visitor to a prisoner, and when the Deputy Superintendent 
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 Deputy Superintendent may deny him admission 
and the grounds of such record as the Government may direct. 
  
Letters  42. (1) A prisoner shall have the facility of writing such number of letters 
to his relatives and friends as may be prescribed. 
(2) A prisoner may be allowed to write any number of letters at his 
cost. 
(3) The Superintendent shall examine every letter written by a 
prisoner and may ask the prisoner concerned to delete any 
portion of the letter which, in his opinion, is likely to endanger 
the security of the State or prison or contains false information 
about the affairs of the prison. 
(4) The Superintendent shall examine every letter sent to any 
prisoner from outside and delete any portion thereof which, in 
his opinion, is likely to endanger the security of the State or 
prison before it is delivered to the prisoner. 
(5) The facility of writing letters is contingent on good conduct and 
may be withdrawn or postponed by the Superintendent on bad 
conduct. 
 
:14 : 
 CHAPER X 
OFFENCES IN RELATION TO PRISONS 
Penalty for 
introduction 
or 
removal of, 
into or from 
prison and 
communicati 
on 
with 
prisoners 
43. Whoever, contrary to any rule under section 71 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 or member of staff 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 six months, or to fine not 
exceeding ten thousand rupees, or to both. 
 
Power to 
arrest 
for offence 
under 
Section 43 
44. When any person, in the presence of any officer of a prison, commits 
any offence specified in the last foregoing Section and refuses on 
demand of such officer to state his name and residence or gives a 
name or residence, which such officer knows or has reason to 
believe, to be false, such officer may arrest him, and shall without 
unnecessary delay make him over to a police officer and thereupon 
such police officer shall proceed as if the offence had been 
committed in his presence. 
 
Publication 
of 
penalties 
45. The Superintendent shall cause to be affixed, in a conspicuous place 
outside the prison, a notice in official languages of the Delhi setting 
forth the acts prohibited under Section 43 and the penalties incurred 
by their commission. 
 
:15 : 
 CHAPER XI 
PRISON OFFENCES 
Prison  
offences 
46. The following acts are declared to be prison offences when 
committed by a prisoner: 
(1) such willful disobedience to any regulation of the prison as shall 
have been declared by rules made under Section 71 to be a 
prison offence; 
(2) any assault or use of criminal force; 
(3) willfully injuries himself; 
(4) the use of insulting or threatening language; 
(5) immoral or indecent or disorderly behaviour; 
(6) willfully disabling himself from labour; 
(7) contumaciously refusing to work; 
(8) filling, cutting, altering or removing handcuffs, fetters or bars 
without due authority; 
(9) willful idleness or negligence of work by any prisoner sentenced 
to rigorous imprisonment; 
(10) willful mismanagement of work by any prisoner sentenced to 
rigorous imprisonment; 
(11) willful damage to prison property; 
(12) tampering with or defacing history tickets records or 
documents; 
(13) receiving, possessing or transferring any prohibited article; 
(14) feigning illness; 
(15) willfully bringing a false accusation against any officer or 
prisoner; 
(16) 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; 
(17) conspiring to escape, or to assist in escaping; 
(18) converting or attempting to convert a prisoner to a different 
religious faith or willfully hurting other religious feelings, beliefs 
and faith; 
(19) failing to assist, or preventing other persons from assisting 
prison officials in suppressing violence, assault, riot, mutiny, 
attack, gross personal violence or in any other emergencies; 
(20) sending messages surreptitiously by writing or speech or 
signs; 
(21) participating in any riot or mutiny or abetting with another 
prisoner or prisoners to commit riot or mutiny; 
(22) stealing, damaging, destroying, disfiguring or 
misappropriating any prison property or prisoners articles and 
property; 
(23) refusing to eat food or going on hunger strike; 
Provided that this shall not be applicable to male/Female 
prisoners on religious grounds and all possible facilities shall be 
 
:16 : 
 
extended to such prisoners in performance of their religious 
obligations. 
(24) cooking unauthorisedly inside the cell or any place inside the 
prison; 
(25) participating in, or organizing of, unauthorized activities, like 
gambling, drinking, dealing in intoxicated articles and the like; 
(26) aiding or abetting the commission of any of the aforesaid 
offences; and, 
(27) any other unauthorized, unlawful or illegal act as may be 
specified in the rules. 
 
 
Punishment 
of  
such prison  
offences 
47. (1) The Superintendent may himself conduct or authorize an officer 
not below the rank of Deputy Superintendent to conduct an 
inquiry inside the prison of any person alleged to have 
committed an offence specified in Section 46 and impose any of 
the following punishments:- 
(a) a formal warning, which shall be personally addressed to the 
prisoner by the Superintendent and recorded in the 
punishment book; 
(b) forfeiture of remission upto a period of thirty days at any one 
time or, with the approval of the Inspector General remove a 
prisoner from the remission system upto a period of six 
months;     Provided that the 
Inspector General shall have power to forfeit all earned 
remissions, other than remissions given by the Government, 
or to remove a prisoner from the remission system for the 
entire period of his imprisonment;  
(c) stoppage of recreational facilities upto a period of one month 
or canteen facilities for a period of three months or stoppage 
of interviews for a period of one month; 
(d) in case of breaches and violations in conditions of release on 
parole or furlough, not counting the said period towards 
imprisonment 
(e) segregation upto a period of three months, and with the 
sanction of the Inspector General, upto a period of six 
months; 
(f) separate confinement upto a period of one month at a time, 
and with the sanction of the Inspector General upto a period 
of three months subject to such conditions as may be 
prescribed. 
 
 Explanation: 
 Separate confinement means such confinement with or 
without labour as schedule a prisoner from communication 
with, but not from sight of other prisoners, and allows him 
not less than one hour’s exercise per day and to have his 
meals in association with one or more other prisoners. 
(g) Cellular confinement for any period not exceeding fourteen 
 
:17 : 
 
days with the approval of Inspector General Provided that, 
after each period of cellular confinement, and a interval of 
not less duration than such period must clause before the 
prisoner is again sentenced to cellular 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. 
 
  (2) While undergoing any of the punishments awarded under sub-
Section (1) above, the following privileges may, however, be 
extended to the prisoners, namely  
(a) provision of letters and supply of religious and moral books 
as far as the rules of the prison provide; 
(b) interviews with members of family of the prisoner may be 
granted in accordance with rules by the Superintendent 
except in case of punishment under clause (C) of sub section 
1 above. 
 
Limitation to 
Award of 
punishment 
under 
Section 47 
48. (1) The Superintendent shall have power to award any of the 
punishments enumerated above provided in the case of separate 
confinement for a period exceeding one month, the previous 
confirmation of the Inspector General shall be obtained. 
(2) No officer subordinate to the Superintendent shall have power to 
award any punishment whatsoever. 
(3) No punishment shall be imposed without judicial appraisal of 
Sessions Judge and where such intimation, on account of 
emergency, is difficult, such information shall be given within two 
days of the action. 
(4) Any incident of serious or repeated misconduct by a prisoner 
facing trial may be intimated by the Superintendent to the trial 
court. 
Punishments 
to 
be in 
accordance 
with 
foregoing  
sections 
49. Except by order of a Court of Law, no punishment other than the 
punishments specified in the foregoing Sections shall be inflicted on 
any prisoner otherwise than in accordance with the provisions of 
those Sections. 
   
Entries in 
punishment 
book 
50. (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 
 
:18 : 
 
witnesses and substance of their evidence, the defence of the 
prisoner, and the finding with the reasons therefore, shall be 
recorded. 
(3) Against the entries relating to each punishment, the Deputy 
Superintendent and Superintendent shall affix their initials and 
evidence of the correctness of the entries. 
 
Procedure on  
committal of 
heinous 
offence 
51. (1) 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 Chief Metropolitan 
Magistrate or of any Metropolitan 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 prisoners, 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 47; 
 Provided that any such case may be transferred for inquiry and 
trial by the Chief Metropolitan Magistrate to any Metropolitan 
Magistrate. 
(2) No person shall under sub-section (1) above be punished twice 
for the same offence. 
Offences by 
prison 
subordinates 
52. (1) Every Deputy Superintendent or officer of a prison subordinate to 
him who shall be guilty of any violation of duty or willful 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 who shall willfully overstay any 
leave granted to him, or who shall engage without authority in 
any employment other than his prison duty, or who shall be 
guilty of cowardice, shall be liable, on conviction before a 
magistrate, to a fine not exceeding ten thousand rupees, or to 
imprisonment for a period not exceeding six months or to both. 
(2) No person under sub section (1) above shall be punished twice 
for the same offence. 
 
Procedure 
for 
conducting 
enquiries for 
the award of 
punishment 
53. (1) No prisoner shall be awarded any punishment under Section 47 
unless he has been informed of the offence alleged against him 
and given a reasonable opportunity of being heard in his 
defence; 
(2) No prisoner shall be punished twice for the same offence; 
(3) Subject to the provisions of sub-section (1) and (2) above, the 
Superintendent may follow such procedure, for the holding of 
inquiries, including framing of charges against a prisoner, 
segregation of prisoners pending inquiry, medical examination in 
case of inquiries, conduct of the inquiry and other matters 
 
:19 : 
 
regarding requests for appeal or revision, as may be prescribed;  
(4) Where the act of the prisoner is an offence punishable under this 
Act and under the Indian Penal Code 1860 (45 of 1860) or any 
local or special enactments, it shall be in the discretion of the 
Superintendent to deal with the case himself or send it to the 
concerned Magistrate. 
 Provided that where the offence committed is a cognizable 
offence punishable with imprisonment for a term of three years 
or above, he shall initiate proceedings for the offender. 
 
Punishment 
 for not  
fulfilling 
conditions  
subject to  
which  
remission, 
etc  
was given 
54. (1) Where any prisoner fails without sufficient cause to observe any 
of the conditions on, or subject to, which his sentence was 
remitted or suspended, or he was released on parole or furlough, 
the competent authority may cancel such order granting 
remission, suspension, or parole or furlough, and 
(a) if the prisoner is at large, he shall be arrested by any police 
officer without a warrant and remanded to undergo the 
unexpired portion of his sentence; and 
(b) shall, on conviction by a Court, be punishable, in addition to 
the sentence he is undergoing, with imprisonment for a term 
which may extend to two years or with fine or with both. 
(2) No court shall take cognizance of an offence punishable sub-
section (1) except with the previous sanction of the Government 
or the authority which ordered the suspension remission, parole, 
or furlough, as the case may be. 
 
:20 : 
 CHAPER XII 
SAFE CUSTODY AND SECURITY OF PRISONERS  
Liability to 
provide safe 
custody and 
security of 
prisoners 
 
55. (1) The Superintendent shall be responsible to undertake effective 
measures to ensure safe custody and security of prisoners. 
Confinement 
 in iron with  
the 
permission  
of the court 
 (2) Whenever the Superintendent has reason to believe that a 
prisoner is likely to jump prison or break out of the custody in 
view of his proneness to violence or his tendency to escape of his 
being so dangerous or desperate that no other practicable way of 
preventing his escape is available except by confining him in 
irons, he may so confine him with the permission of the court. 
 
Use of 
handcuffs 
and fetters 
in emergent 
situations 
 (3) In emergent situations, it shall be open to the Superintendent to 
use handcuffs and fetters to secure any prisoner for reasons to 
be recorded in writing and under intimation to the District and 
Sessions Judge within twenty four hours of using such handcuffs 
or fetters. 
 
Prisoner 
exempted 
from 
imposition of 
handcuffs 
and fetters 
56. No handcuffs and fetters shall be imposed in respect of :- 
(i) Female prisoner; 
(ii) Civil prisoners; and 
(iii) Prisoner who are aged, physically infirm or seriously ill. 
 
:21 : 
 CHAPER XIII 
MISCELLANEOUS 
Redressal of 
grievances of 
prisoners 
57. (1) For the purpose of receiving grievances from the prisoners and 
for the redressal of any such grievance, a Grievance Redressal 
Committee may be appointed for each prison with the following 
namely: 
(a) Superintendent : Chairman 
(b) Deputy Superintendent : Member 
(c) Medical Officer : Member 
(d) Welfare Officer : Member 
 
  (2) The Grievance Redressal Committee shall meet at least once a 
month to deal with petitions and representations from prisoners 
and it shall follow such procedure for the examination of such 
petitions or representations as may be prescribed. 
(3) Any prisoner aggrieved by the decision of the Grievance 
Redressal Committee may appeal to the Deputy Inspector 
General within thirty days from the date of communication of 
such decision. 
(4) Notwithstanding anything here in before contained, every 
prisoner shall be afforded full opportunity to make a complaint to 
the Inspector General or the District and Sessions Judge, who 
shall prescribe a mechanism for the redressal of such complaints. 
(5) There shall be a Prison Advisory Board to advise the Govt. on the 
general governance of the Jail in the manner as prescribed in 
rules. 
 
Prohibition 
of strikes 
etc. 
58.  No per son employed in the prison shall have any right to form any 
union or join any such union either inside or outside the prison for 
any purpose or for making or pressing any demands to strike or 
start or continue any agitation inside the prison for achieving any 
request or demand. 
 
Extramural 
custody,  
control and 
employment 
of prisoners 
59. 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 directions and 
discipline as if he were actually in prison. 
 
Review of  
 cases of 
 criminal 
prisoners 
60.  (1)  The Government shall caused to be reviewed the cases of under 
trial prisoners detained in the prison for more than one year or in 
case when the detention is more than half of the maximum 
punishment for the offence provided under the law. 
(2) The Government shall ensure that no under trial is detained in 
prison for a period exceeding the maximum period of punishment 
provided for the offence/offences as the case mey be for which 
he has been detained. 
 
:22 : 
 
 
Use of 
Minimum 
force 
61. (1) For controlling any incident of rioting, any officer of the prison 
shall use as little force, and do as little injury to a person as may 
be consistent with restoring order and detaining such person. 
(2) Any officer of the prison may use minimum force against any 
prisoner escaping or attempting to escape, or using violence 
against any official of the prison or any other person. 
 
 
Legal aid 62. The  Government shall endeavor to provide free legal aid for the 
prisoners. 
 
Rehabilitatio 
n of 
 prisoners 
63. The Government shall endeavor to undertake measures towards the 
rehabilitation of prisoners. 
 
Persons of 
unsound 
mind 
64. No person of unsound mind other than a criminal shall be kept in the 
prison. 
 
Protective 
 custody 
65. No person entitled to protective custody shall be kept in the prison. 
Accounts and 
 
 audit 
66. The accounts of every prison shall be maintained and audited in 
such manner as may be prescribed by the Government. 
Training of 
 prison 
officials 
67. 
 
(1) The  Government shall provide training to all prison officials to 
refresh them about the responsibilities and rights o prisoners. 
(2) The duration and syllabus of such training shall be prescribed by 
the  Government. 
Delegation of  
Powers 
68.  Any of the powers conferred by this Act on the State Government 
may be exercised and performed by such officers as the State 
Government may designate in this behalf. 
Exercise of 
 powers of 
 
Superintende 
nt and 
Medical 
Officer 
69. 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 officers as the  Government 
may appoint in this behalf either by name or by his official 
designation. 
 
Protection of 
action taken 
in good faith 
70 No suit,

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