LexThe Civil Jails Act,1874
Gujarat · state statute
Open in Lexace · Ask the AI about this actCivil Jails Act,1874
[1874 : Bom.II
GOVERNMENT OF GUJARAT
LEGISLATIVE PARLIAMENTARY AFFAIRS DEPARTMENT
BOMBAY ACT NO. II OF 1874
THE CIVIL JAILS ACT,1874.
(As modified upto the 31st October, 2006)
Civil Jails Act,1874
[1874 : Bom.II
THE CIVIL JAILS ACT, 1874.
....................................
CONTENTS
PREAMBLE [Repealed.]
PARTS I AND II.
PAGE
NO.
SECTIONS.
1 to 7. [Repealed.] 1
PARTS III.
CIVIL JAILS.
8. [Repealed.] 1
9. Civil Jail to be at sent of each District Court, and may be 1
at other places.
10. Nazir of District Court to be keeper of Civil jail and to have 1
establishment under him.
11. Judge to visit Civil Jail. 2
12. Medical Officer to attend jail. 2
Remedies administrated at expenses of State Government. 2
13. Strangers may be admitted to civil Jail. 2
14. Subsistence of prisoners to civil jails. 2
15. Disposal of corpse of prisoner dying in civil jail. 2
16. Disposal of subsistence-money in hand on prisoner’s death or 2
release.
Cost of disposing of corpses and other expenses connected with
civil jail to be provided by State Government.
PARTS IV TO XIV.
CIVIL JAILS.
17 to 52. [Repealed.]
Civil Jails Act,1874
[1874 : Bom.II
BOMBAY ACT No. II OF 1874.1
[THE CIVIL JAILS ACT, 1874.]1
[15th January 1875]
Repealed in part, by Act 9 of 1894 ;
Repealed in part, by Bom. 3 of 1886.
Amended by Bom. 2 of 1882.
Adapted and modified by the Adaptation of Indian Laws Order in Council.
Adapted and modified by the Adaptation of Laws Order, 1950.
An Act for the regulation of jails in the City and Presidency of Bombay and the
enforcement of discipline therein.
PREAMBLE [Rep. 2Act IX of 1894.]
PARTS I AND II.
PRELIMINARY ; CLASSES OF JAILS.
1 to 7. [Rep. 2Act IX of 1894.]
PART III.
CIVIL JAILS.
8. [Limitation of application of Part III.] Rep. 2Act IX of 1894.
9. There shall be a civil jail at the seat of the District Court for each district created
under section 3 of 3Act XIV of 1869 : Provided that it shall be in the power of the
4[5[State] Government] to establish civil jails at other convenient places.
10. The nazir of the District Court or of the Chief Civil Court at the place where the
civil ja il is located shall be ex -officio keeper of the civil jail, and shall be
responsible for the safe custody of the prisoners and for the preservation of
cleanliness and good order in the jail and among the prisoners, and shall have
such establishment under him as the District Judge, with the sanction of the
4[5[State] Government] may direct.
11. The Judge or the Assistant Judge of the district in which a civil jail is situated
shall visit such civil jail at least once in each month, and shall issue in writing
such orders connected with the economy of the jail, the good management, health
and accommodation of the prisoners, as he may think fit.
He shall record the date of his visit, and any remarks he may have to make, in a
book to be kept for the purpose.
12. A medical officer to be appointed by the 6[7[State] Government] shall attend the
civil jail, and shall be found to offer such advice to the District Judge, or other
officer in charge of the civil jail, as may seem expedient to him with regard to the
sanitary state of the jail and of the prisoners.
He shall also administer remedies at the expense of 8[7[State] Government] to the
sick : Provided that nothing contained in this section shall prevent a prisoner in a civil jail
employing at his own expense any medical man he may think fit to consult.
13. The civil jail shall be daily for the admission of those wishing to visit prisoners
from 9 am. till 3 pm., and no stranger shall be allowed to remain in the civil jail
beyond the abovementioned hours except by permission of the Judge, the
Assistant Judge of t he district, or on the recommendation of the medical officer
by the permission of the nazir in charge of the jail.
14. (1) Prisoners, in the civil jail may either make their own arrangements for
their subsistence, or may, within the amount of subsistence -money or
batta furnished by the party at whose suit they are detained, require the
nazir to furnish their food and other nec essaries out of the
subsistence-money fixed for them by the Court by which they are
committed : Provided that excess in the use of intoxicating liquors or
drugs be strictly prohibited. A tariff of prices approved by the District
Judge on the first day of e ach month shall be kept in each civil jail and
shall be accessible to all the prisoners.
(2) Every civil prisoner unable to provide himself with sufficient clothing
Civil Jail to
be at seat of
each District
Court, and
may be at
other places.
Nazir of
District
Court to be
keeper of
civil jail and
to have
establishment
under him.
Judge to visit
civil jail.
Medical
officer to
attend jail.
Remedies
administered
at expense of
7[State]
Government.
Subsistence
of prisoners
in Jails.
Civil Jails Act,1874
[1874 : Bom.II
and bedding shall be supplied by the nazir with such clothing and
bedding as may be ordered by the Judge or Assistant Judge under the
provisions of section 11 of this Act.
When any such prisoner has been committed to prison in execution of a decree in
favour of a private person, such person, or his representative, shall be lia ble to pay to the
nazir on demand in writing the cost of the clothing and bedding so supplied to the
prisoner ; and in default of such payment the prisoner shall be released.
15. When a prisoner shall die in the civil jail, the nazir shall immediately report such
death to the nearest Magistrate, who shall thereupon inquire into the cause of
such death, and make a written report thereon to the Inspector -General of
Prisons, and the corpse of such prisoner shall, after the medical officer appointed
under section 12 * * 9 has certified to his death, be made over to his relatives or
friends 10[if any be present and willing to take charge of it].
11[If no relatives or friend of a prisoner who has died in prison i s present and willing
to receive and dispose of his corpse, it shall be buried, burnt or otherwise disposed of.]
12[16. If at the time of a prisoner’s death or release, any of the subsistence -money
furnished by the party at whose suit such prisoner was detained, remains
unexpended, notice shall be forthwith given to the party paying the same, and the
balance so remaining unexpended shall be returned to such party or his
representatives : Provided that he or they claim payment thereof within three
months from the date of such notice ; failing which such balance shall become
the property of
13[the State Government].
The cost of disposing of the corpses of deceased prisoners under clause 2 of the last
preceding section, and of procuring comforts for sick prisoners, and generally for the
maintenance of the civil jail, shall be provid ed by
14[the 15[State Government] subject to
such rules as 14[the 15[State] Government] may from time to time prescribed in this
behalf.]
PART IV TO XIV.
[CRIMINAL JAILS ; SUPERINTENDENTS OF CRIMINAL JAILS, AND THEIR
DUTIES ; JAILORS AND THEIR DUTIES ; MEDICAL OFFICER ; PRISON
OFFENCES; OFFENCES IN RELATION TO JAILS ; VISITS TO, AND
CORRESPONDENCE OF, PRISONERS ; DISCHARGE OF PRISONERS ; VISITORS
OF JAILS ; EXTRAMURAL GANGS ; MISCELLANEOUS.]
-------------------
1. For Statement of Objects and Reasons, see Bombay Government Gazette, 1873, Pt. V, p. 290 ;
for first Report of the Select Committee, see ibid, 1874, p. 82 ; for second Report of the Select
Committee, see ibid, p. 121, and for proceedings in Council, see ibid, 1873, p. 483, and ibid,
1874, pp. 111, 152 and 154.
The short title was given by the Bombay Short Titles Act, 1921 (Bom. 2 of 1921).
Civil jails in the Presidency of Bombay outside the city of Bombay are administered under ss.
9 to 16 of this Act as amend by subsequent enactment, see the P risons Act, 1894 (9 of 1894),
s. 1 (4) Central Acts.
2. Central Acts.
3. The Bombay Civil Courts Act, 1869.
4. The words “Provincial Government” were substituted for the words “Governor in Council” by
Adaptation of Indian Laws Order in Council.
5. This word ws substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
6. The words “Provincial Government” were substituted for the words “Government in Council”
by the Adaptation of Indian Laws Order in Council.
7. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
8. The words “Provincial Government” were substituted for the word “Government” by the
Adaptation of Indian Laws Order in Council.
9. The words “of this Act” were repealed by the Bombay General Clauses Act, 1886 (Bom. 3 of
1886), Schedule B. This Schedule has been printed as an Appendix to the Bombay General
Clauses Act, 1904 (Bom. I of 1904.)
10. These words were substituted for the words “or in failure o f their taking the corpse, it shall be
buried, burnt or otherwise disposed of at the exercise of the Civil Jain Fund, as hereinafter
provided by s. 1, Bombay Jails Amendment Act, 1882 (Bom. 2 of 1882).
11. This clause was added by s. 1, Bombay Jail Amendment Act, 1882 (Bom. 2 of 1882).
12. Section 10 was substituted by s. 2., Bombay Jail Amendment Act, 1882 (Bom. 2 of 1882).
13. These words were substituted for the words “the Crown for the purposes of the Province” by
the Adaptation of Laws Order, 1950.
14. The words “the Provincial Government” were substituted for the word “Government” by the
Disposal of
corpse of
prisoner
dying in civil
jail.
Disposal of
subsistence
money in
hand on
prisoner’s
death or
release.
Cost of
disposing of
corpses and
other
expenses
connected
with civil jail
to be
provided by
15[State]Gove
rnment.
Civil Jails Act,1874
[1874 : Bom.II
Adaptation of Indian Laws Order in Council.
15. This word was substituted, for the word “Provincial” by the Adaptation of Laws Order, 1950.
16. See Central Acts.