LexThe Kerala Prisons and Correctional Services (Management) Act, 2010
Kerala · state statute
Open in Lexace · Ask the AI about this act187
[TranslatiOn m Enghsh of "2o10-6le.t ace.<!l§ ln.ilCTUmllce.~lo cruoUDlrtU1db<!I6TTl
cru~~\e,(l)6TT) QCTU('}l(T)6qi'J§Jo (m~C)4n06Tllo) ~g'' pubhshed under the authonty
of the Governor]
ACT 9 OF 2010
lliE KERALA PRISONS AND CORRECTIONAL SERVICES
(MANAGEMENT) ACT, 2010
An Act to provzde for the safe custody, correctwn, reformatwn, welfare and . .
rehabzhtatzon of przson'ers and management of przsons and correctwnal
~ervzces zn the State and for mal/en. conne~ted therewith or mczdental
thereto
Preamble -WHEREAS, 1t 1s exped1ent to prov1de for the safe custody,
correctiOn, reformation, welfare and rehabthtatJOn of pnsoners and management
of pnsons and correctiOnal serv1ces m the State and for matters connected
therewtth or mc1dental thereto
BF 1t enacted m the S1xty first Year of the Repubhc of Indta as follows -
CHAP1U I
PRELIMINARY
1 Short tllle extent and commencement --(I) Th1s Act may be called the
Kerala Pnsons and Correctional Serv1ces (Management) Act, 2010
(2) It extends to the whole of the State of Kerala
(3) It shall come mto force on such date as the Government may, by
nottficatJOn m the Offic1al Gazette, appomt .
2 Definztwns -In th1s Act, unless the context otherwtse requtres,-
(t) "Act" means the Kerala Pnsons and C_orrecttOnal Serv1ces
(Management) Act, 2010;
(11) "adolescent offender" means,-
(a) any person who has been convicted of any offence pumshable
wtth tmpnsonment, or who havmg been ordered to gtve secunty under section
117 of the Code of Cnmma1 Procedure, 1973, has failed to do so and who at the
ttme of such conv1ct1on or fatlure to gtve secunty 1s not less than 18 years, but
not more than 21 years of age , or
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(b) any person who has been committed to pnson custody dunng
the pendency of hts tnal and who at the time of hts commttment, IS not less
than 18 years and not more than 2 1 years of age ,
(111) .. adult pnsoner" means any pnsoner who IS more than 21 years of
age ,
(tv) "after care home" means an 1nstttut10n establtshed by the
State Government for the financ1al and soctal rehab1htat1on of released pnsoners
for becommg normal and good c1t1zens ,
(v) "after care serv1ce" means a serv1ce or act1v1ty a1med for the
financ1al and soctal rehabthtatwn of released pnsoners for enabling them to
lead a hfe as that of a good ctttzen ,
(vt) "ctVJI pnsoner" means any pnsoner who IS not a cnmmal pnsoner , f
(vu) "competent authonty" means any authonty havmg power under
any law to 1ssue an order of detentiOn or any officer havmg Junsd1ct10n and
authonty under any law for the ttme bemg m force to deal wtth a part1cular
matter m queshon ,
(vm) "confinement" means confmement m a pnson, and mcludes
detention m a pnson under any law prov1dmg for preventive detention ,
(tx) .. convicted pnsoner" means any person commttted to a pnson m
respect of whom any order of convtctJOn has been made by any competent
court and mc1udes a person commttted to the custody of a pnson m default of
payment of fine or fumtshmg secunty under any proceedmg under sectiOns 1 07,
.
108, 109 and 110 of the Code of Cnmmal Procedure, 1973 (Central Act 2 of 1974) , )"'•
(x) "correctiOnal serv1ces" means the scrvtces mamtamed by the State
Government for proper management, admm1strat10n, functwnmg of pnsons and
reformatiOn of pnsoners to become good cthzens ,
(xt) "cnmmal pnsoner" means any person commttted to custody under
wnt, warrant or order of any court or authonty exerctsmg cnmmal JUrtsdlcttOn or
by order of a Court Marttal ,
(xu) "dangerous pnsoner" means any pnsoner who 1s v10lently
predtsposed or showmg vtolent dtspos1t10n contmuously or hkely to escape from
pnson,
(xm) "Deputy Inspector General" means the Deputy Inspector General of
Pnsons and Correctional Serv1ces of the State ,
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(x1v) "detenue" means any person who has been conumtted to a pnson
by warrant, wnt or order 1ssued by a competent authonty under any law
prov1dmg for preventive detentiOn and mcludes any person detamed Without
tnal under any law for the t1me bemg m force ,
(xv) "D1rector General" means the D1rector General of Pnsons and
Correctional Serv1ces of the State ,
(xv1) "escort VISit" means VISit under escort to any place, of a pnsoner
who 1s not ehg1ble for .emergency .leave for a penod not exceedmg twenty four
hours excludmg JOurney ttme for to and fro ,
(xvn) "Fund" means the Kerala Pnsoners' Welfare Fund estabhshed
under sectiOn 70 ,
(xvm) "Government" means the Government of Kerala ,
~ • (x1x) "hab1tual offender" means a habitual offender as defined under
.: clause (d) of secbon 2 of the Kerala Habitual Offenders Act, 1960 (28 of 1960) ,
(xx) "h1story t1cket" means the t1cket exh1b1tmg such mformatwn as IS
requ1red m respect of a pnsoner under the Act or Rules made thereunder ,
(xx1) "mmate" means any person kept m an mshtutlon ,
(xxu) "Inspector General" means the Inspector General of Pnsons and
CorrectiOnal Serv1ces of the State ,
(xxm) "mst1tutwn" means a place, where pnsoners are kept ,
(xx1v) "lunallc cnmmal pnsoner'' means a cnmmal pnsoner who,-
- (a) 1s of unsound mmd at the t1me of Ius admJssJon mto a pnson
., "'{ or thereafter, but before conv1ct10n ,
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(b) 1s of unsound mmd at the t1me of conv1ctwn or thereafter ,
(xxv) "Med1cal Officer" means a Gazetted Officer of the Government
designated as such under the Act and mcludes a med1cal pract1t10ner declared as
such by general or spec1al orders of the Government to be a Med1cal Officer for
the purposes of the Act ,
(xxv1) "med1cal subordmate" means a quahfied Med1cal Assistant ,
(xxvu) "m1htary pnsoner" means a pnsoner comrmtted to a pnson on
conv1cllon by a Court Mart1al ,
(xxv111) "non-habitual offender" means a person who does not
habitually engage m offences ,
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(XXIX) "notification" means a notificatiOn pubhshed m the Offictal
Gazette, -+"-·
(xxx) "offence" means an Act or om1ss1on made pumshable by any law
for the t1me bemg m force ,
(xxx1) "parole" means the system of releasmg the pnsoners temporanly
for such penod by followmg such procedures and condtttons, as may be,
prescnbed ,
(xxxn) "prescnbed" means prescnbed by rules made under thts Act ,
(xxxm) "prtson" means any Jatl or place used permanently or
temporanly under the general or spectal order of the Government for the
detention of pnsoners and mcludes all lands and butldmgs appurtenant thereto,
but does not mclude,-
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(a) any place for the confinement of pnsoners who are exclustvely
m the custody of the Pohce ,
-(b) any place spectally appomted by the Government under
sectton 417 of the Code of Cnmmal Procedure, 1973 (Central Act 2 of 1974) ,
. (c) any place whtch has been declared by the Government by
general or spec1al order to be a spectal pnson ,
(xxxav) "pnsoner" means an under tnal pnsoner or a convtcted pnsoner
or a ctvtl pnsoner and mcludes a pnsoner remanded under the orders of a
competent authonty ,
(xxxv) "prohtb1ted article" means any arttcle, the bnngmg or removmg of
whtch, tn and out of pnson, ts prohtbtted etther under thts Act or under the
Narcotac Drugs and Psychotroptc Substances Act, 1985 (Central Act 61 of 1985)
and the rules made thereunder ,
(xxxv1) "rehab1htatton ass1stance" means any ass1stance mcludmg
fmanc1al assistance gtven to a released pnsoner for the purpose of hts
rehab1htat10n ,
(xxxvn) "remanded pnsoner" means any person who has been
remanded by Court tol custody or by any other authonty exerc1smg power to
remand a person to pnson, pendmg tnal or mvesttgatton by Poltce or any other
agency or authonty enforcmg law ,
(xxxvm) "remiSSion" means the ,system of regulatmg the award of marks
and consequent shortenmg of sentences of prt!>oners m Jatls or pnsons tn
accordance w1th the rules made under the Act ,
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(xxxLX.) "rule" means a rule made under th1s Act ,
(xi) "Scheme" means the Kerala Pnsoners' Welfare Fund Scheme framed
under sect1on 70 , '
(xh) "secunty pnsoner" means any pnsoner from whom there IS a threat
to the soc1ety or to the secunty of the State ,
(xlu) "State" means State of Kerala ,
(xl111) "Supenntendent" means the off1cer who 1:. appomted.as
supenntendent of a pnson and mcludes an off1cer posted til charge of a
pnson ,
(xhv) "undertnal pnsoner" means a person who has been comm1tted to
pnson by Court or competent authonty pendmg tnal of a case aga1nst h1m
CHAPTI:R II
ESTABLISHMENT AND ADMINISTRATIVE SETUP OF PRISONS
3 Power of the Government to appomt D1rector General, Inspector
General, Deputy Inspector General and other correctwnal officers -( 1) The
Government shall, appomt a prrector General of Pnsons and CorrectiOnal Services
for the admirustratton, management and correctiOnal serv1ces of all the pnsons
m the State of Kerala
(2) The Government may also appomt, as many Inspectors General of
P~1sons and CorrectiOnal Serv1ces, Deputy Inspectors General of Pnsons and
Correct10nal Servtces and such other officers and staffs, as It may deem fit, to
asstst the Drrector General of Pnsons and CorrectiOnal Servaccs. m exerctsmg
powers and functtons conferred upon btm under thts Act or rules made
thereunder
(3) The officers and staff appomted under sub-sectton (7) shall exerc1se
such powers and discharge such duues, as may be, prescnbed
4 Powers and functwns of Dtrector General of Pnson~ and Correctwnal
SerVIces -(I) The D1rector General of Pnsons and Correctional Serv1ces shall
exerc1se or perform hts powers and functions m accordance w1th the Act and the
rule!> made thereunder •
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(2) In particular, and Without preJudJce to the above, the Duector
General shall exercise or perform the followmg powers and funcnons, namely -
(a) to Implement pohc1es of Government relatmg to pnsoners and
pnsons ,
(b) to plan, orgamse, oo-ordmate and control the activttJes of pnson
and correctiOnal serv1ces ,
(c) to defme the functtons and fiX channels of command of the pnson
personnel ,
(d) to mspect pnson mstitutJons and ensure proper tmplementatwn
of progranune or measures for the reformation, correctiOnal services, welfare and
rehabilitatiOn, treatment and trammg of pnsoners, protection of human nghts of
pnsoners and ensure diSCipline among officers and staff ,
(3) The Director General shall also exerctse such admmJstrauve, financ1al A
and diSCiplmary powers as may be exercisable by a Head of the Department ~
and such other powers specifically conferred upon hun by the Government from
tune to tune by spec1al or general order
( 4) The Duector General may delegate one or more of powers vested m
hun to his tmmedtate subordmate subject to orders, directions and gUidelmes of
Government Issued from tune to tune
5 Structure of Zonal Headquarters.--( I) The State shall be diVIded mto
such number of zones as may be necessary for t~e purposes of admmJstratJon
and management of Pnsons and Correctional Services
(2) Each zone shall be under the admm1strat1Ve control and superviSIOn
of a Deputy Inspector General of Pnsons and CorrectiOnal Serv1ces and he shall
exercise such powers and functions, as may be prescnbed
(3) The Deputy Inspector General m each zone shall be assisted by
Supenntendent and other subordmate officers of the Pnson and CorrectiOnal
Services, to exercise or perform the powers and functions under the Act and
rules made thereWlder
6 Supermtendent and other Officen. of pn ~ons -(I) In every Pnson there
shall be a Supenntendent, a Medical Officer, a Welfare Officer and such other
officers and mm1stenal staffs, as may be prescnbed, for the functwmng of the
pnson
(2) The Supenntendent, Jomt Supenntendent, Medtcal Officer, Welfare
Officer and other officers shall exerctse such powers and perform such functions,
as may be prescnbed
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7 AccommodatiOn for pnsoners -(I) The Government shall provtde
accommodatton m pnsons, constructed and regulated m such manner so as to
comply w1th the requrrements of th1s Act
(2) SubJect to the provtstons of any law or rules for the time bemg m
force and condttwns wh1ch may be prescnbed, Government shall provtde m
pnson a decent standard of hfe for the pnsoners
8 Categones of pnsons -(I) The Government may, by ·not'lficatton,
cstabhsh vanous categones of pnsons for the purposes of the Act and rules
made thereunder
(2) The pattem of construction of pnson, ground space, a1r space and
ventilation 10 respect of coils, sleep10g barracks, bathmg places, k.Jtchen, work
sheds, hosp1tals etc shall conform to such standardc; and 1eqUJrements, as
may be spec1fied, by not1ficat10n, by the Govenunent, m th1c; behalf'
(3) The !>tandards of secunty of each pnson shall. such as may be
prescnbed
9 Temporary accommodatwn for pnsoners -Whenever the Director
General IS satisfied that,- ·
(a) the number of pnsoners m any pnson 1s greater than that can
convemently or safely be kept therem and tt 1s not convement to transfer the
excess number to some other pnson , or •
(b) due to natural cal arm ties or outbreak of ep1dem1c d1seases w1thm any
pnson or for such other reasons, 1t IS des1rable to prov1de for the temporary
!>helter and safe custody of any pnsoner,
prov1s1on shall be made by such officer and m such manner as the Govenunent
may d1rect, for the1r shelter and safe custody m temporary pnsons of the
pnsoners that cannot convemently or safely be kept 10 the pnson
I 0 Other Department!> to ass 1st the Director General -Where on the
report of a Supenntendent, the D1rector General IS satisfied that,-
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(a) m a pnson such emergency sttuat10n has ansen where the secunty of
the pnson IS m danger, or
(b) for the mamtenance of essential servtces m a pnson mclud10g food
and mtrumum accommodatton, the assistance of the officer.. of other Departments,
IS mev1table.
the D1rector General or an officer authonsed by htm m th1" behalf may request
'-· any Department of the Government to.provtde assistance tc.. handle any such
sttuahon and on such request, all officers of such Department'> shall be bound
to provtde assistance called for
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CHAPTER III
TRAINING
II State Institute of CorrectiOnal Admm1~tratwn -(I) There shall be a
State Instttute of CorrectiOnal Admmtstratwn, for tmpartmg baste trammg and
conductmg refresher and re-onentatwn courses to officers and warder staff m
the pnson
(2) The State Institute of CorrectiOnal AdmtmstratJOn shall be headed
by an offtcer not below the rank of Central Pnson Supenntendent and
destgnated as Dtrector
(3) The lnstttute shall have such other offtcers and staff as the
Government may deem necessary
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(4) The State Institute of Correctional Admmtstratton shall also conduct
semmars, sympostums, other awareness acttvJttes, etc on subjects relevant to A -pnson management and correcttonal adrmmstratJOn
(5) The Instttute shall be a Centre of learnmg for Pnsons and
Correchonal Serv1ces and shall undertake research and analysts on such subjects
and tssues, as the Government may deem ftt, for the tmprovement m the
standards of functwnmg and performance of pnson and promote correctJOnal
servtces to pnsoners
CHAPTER IV
FUNCTIONS OF PRISONS
12 Functwns of a Pnson -The funct10ns of pnson shall be,-
(t) tO keep tn safe CUStody of a pnsoner commttted to It under any r
wnt, warrant or an order of any court or other competent authonty ,
(11) to gtve correctiOnal treatment to the pnsoners m custody so as to
efface from thetr mmd the evtl mfluence of antt-soctal ways of ltfe and to
rehabthtate them m the soctety as good ctttzens ,
(111) to provtde the pnsoners wtth food, clothmg, accommodatiOn and
other necesstttes of ltfe and adequate medtcal tn:atment and care of stck
pnsoners ,
(tv) to adopt measures for developmg a healthy soctal outlook ,
(v) to adopt measures,-
(a) to put the pnsoners sentenced to ngorous tmpnsonment to labour,
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(b) to put the pnsoners to vocat10n-onented labour ,
-~... (c) to put ·the pnsoners on acttvttles m the pnson hke cookmi,
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<>amtary servtces, gardenmg etc on a roaster basts ,
(vt) to take measures for phystcal, mental and moral uphft of the
pnsoners ,
(vn) to provtde educational and other facthttes for tmprovmg qualities,
character and mental attttude of pnsoners ,
(vm) to take measures for the safety and secunty of pnsoners ,
(tx) to mamtam dtsctphne m pnson m accordance wtth the provts1ons
of th1s Act and the rules made thereunder , and
(x) such other faclitttes and amemttes to the pnsoners as the
Government may, prescnbe
CHAPTFR v
-DUTIES OF OFFICERS
13 Dut1e~ of officers m general --SubJeCt to the prov1stons of any law for
the t1me beu1g m force and condtUons whtch may be prescnbed, every officer of
a pnson shall,-
(t) treat every pnsoner tmparttally and wtth humantty ,
(11) hear any complamt or report made by a pnsoner and redress hts
gnevance ,
(m) mamtam dtsctphne m the pnson , and
(tv) exerctse or perform hts powers and functwns and dtscharge bts
dut1es promptly and effectively "
14 Officers not to have busmess dealmgs with pnsoners -No officer of a
pnson shall sell or let, nor shall any person m trust for or employed by h1m sell
or let or denve any benefit from selhng or lettmg, any arttcle to any pnsoner or
have any money or other busmess dea)mgs, dtrectly or mdtrectly, wtth any
pnsoner or hts near relattves and close fhends
15 Officers not to accept gifts -No officer of a pnson shall accept any gtft
from a pnsoner or hts relattves or from persons havmg any dealings wtth
pnsoner or pnson admtmstrat10n
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16 Officers not to be mterested m pnson contracts -No off1cer of a
pnson shall, nor shall any person m trust for or employed by h1m, have any
mterest, d1rect or md!fect, m any l.ontract for the supply of prov1s1ons or any
other art1cle to the pnson nor shall he denve any benefit, d1rcctly or mduectly,
from the sale or purchase of any such prOVISions or art1cles for or of pnson
or of any article belongmg to a pnsoner
17 Pumshmen~ for offences unde1 secrwm 14. 15 and 16 -Any officer
who conun1ts offence under sectiOns 14, 15 and 16 of th1s Act, shall be hable to
pumshment mcludmg removal from serv1ce subject to such rule<>, as may be
prescnbcd
18 Admzmstral/ve control and dulles of Superzntendent and othe1 Officers
of pnsons --(I) The general admmt<>trat1ve control and management of pnsons
shall be vested w1th the Supenntendent and the officers and staff shall excrc1se
or perfonn such powers and functtons, as may be prescnbed J~
(2) All off1cers and staff of the pnson subordmate to the
Supenntendent shall obey the d1rect10ns of the Supenntendent and perfonn
such dulles as may be asstgned to them by the Supenntendent or such officer
authonsed m th1s behalf by the Supenntendent
19 Functzons and dulle:; of Supenntendent of Pnson --~ubject to the
prov1stons of the Act and the Rules and the lawful orders and d1rect10ns of the
Dtrector General or other supenor off1cers m the respectnc zone, the
Supenntendent of a pnson shall, manage the pnson m 'at! matters mcludmg
admtsswn of pn'>oners, allowtng vtsl_tors ms1de the pnson. secunty of the
pnson, labour, correctional programmes, expcndtture, dtsctphne, pumshment and
control and release of pnsoners w1th the atd of hts !>ubordmate officers
20 Superzntendent to re~1de m pnson --The Supenntcndent shall res1de m •
the pnson unless the Drrector General penntl<; htm, m' wntmg, to restde elsewhere .
21 Rewrds to be kept by the Superzntendent- The Supenntendent shall
keep, or cause to be kept, the followmg records -
(t) a regtster of pnsoners adm1tted,
(n) a book showmg when each pnsoner t<; to be released.
(m) a puptshment book for the entry of the pumshments mfltcted on
pnsoners for pnson offences,
(tv) a vtsttors book for the entry of any observatiOn made by the
VISttors touchmg any matter'> connected wtth the ·admmtstrattOn of the pn~on,
(v) a record of the money and other articles taken from pnsoners,
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(vt) Supenntendent's JOurnal, and
(vn) such other records, as may be prescnbed
22 Utt!tsatton of the ~ervtces of prtsonen -( 1) The Supenntendent may
utthze the servtces of pnsoners m accordance wtth the rules for the day-to-day
admmtstratton and management of the pnson
(2) Prtsoners, who are appomted ·as officers of pnson!'- as per rules
prescnbed, shall be deemed to be public servdnts w1thm the meanmg of the
Indian Penal Code, 1860 (Central Act 45 of 1860)
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23 Dut1es of Med1cal Officer --Subject to the general control of the
Supenntendent; the Medical Officer shall be m-charge of health, hygiene and the
medtcal and s·amtary admmtstratiOn of the pnsoners m pnson and he shall
perform such dulles as may be prescnbed
24 Medtcal Board to 5ubmlt 1 eport 1n certam cases -( 1) Whenever a
Medtcal Board constituted by the Government by notification m the Gazette for
thiS purpose .. considers that any pnsoner IS senously 111 and that h1s Illness has
not been caused or aggravated by the pnsoner htm~elf and that h1s tllness,
whether caused by 1mpnsonment or not, w11l be 'iO aggravated by further
' 1mpnsonment as to render h1s early death certam and that the pnsoner wtll have
a fa1r chance of recovery 1f relea">ed, 11 shall record a certificate accordmgly,.
forward the same, through the Supenntendent of the pnson, to the Director
General together w1th a full statement of the med1cal case and of the reasons
wh1ch led the Medtcal Board to the observation m the cert1 ficate Whtle
forwardmg the certificate and ">tatement, the Supenntendent shall furntsh the
nommal roll of the pnsoner showmg the amount of remtsston earned and any
remark~ relevant to the case The Dtrector General shall forward the report to
Government for appropnate orders wtth ht"> remarks regardmg the release of the
pnsoner
(2) Whenever the Medtcal Board has reason to beheve that any
pnsoner ts m danger of death from stckness not due to mfect10us dtseases and
that there ts no scope for recovery mstde or oul">tde the pnson, It shall record a
certtficate accordmgly and along with full detatls of the case, send a report to
the Supenntendent of the pnson who tn tum forward the same to the Dtrector
General along wtth a nommal roll of the pnsoner, detatls of remtsston and hts
spectfic remarks •
(3) On recetpt of the report, the Dtrector General ~hall along wtth hts
remarks, address the Government for deciSion whether the pnsoner shall be
released tmmedtately or not
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(4) Whenever the Med1cal Board has reason to beheve that the mmd of
a pnsoner ts or 1s hkely to be tnjunously affected by the d1sC1plme or treatment _,.._,
to whtch he IS subjected, the Medtcal Board shall report such case m wntmg to
the Supenntendent, together w1th such observations as tt may thmk proper fhe
Supenntendent shall take appropnate act10n on the report and also send a report
forthWtth to the D1rector Qeneral together wtth details of actton taken and the
report of the Med1cal Board
25 AdmmLStermg of medtcmes-- The Med1cal Officer shall not admm1ster
any med1cme to any pnsoner Without mform1ng h1m of what IS betng
admm1stered to htm
Prov1ded that the Med1cal Officer may adm1mster any such med1cme to any
pnsoner Without mfonnmg h1m of what IS bemg adrn1ntstered, m emergent
SituatiOns, where the pnsoner IS unconscious or m a state m wh1ch he IS not fit
to understand and respond to such mformat1on
26 Report on the death of a pnsoner -{ 1) On the death of any pnsoner,
the Med1cal O,fficer-m-charge shall forthwith record m a register the followmg
parttculars, so far as they can be ascertamed, namely --
(a) the day on whtch the deceased first complamed of Illness or mJury
or was observed to be til or InJUred,
(b) the labour, tf any, on whtch he was engaged on that day,
(c) the scale of h1s d1et on that day,
(d) the day on whtch he was adm1tted to hospttal,
(e) the day on wh1ch the Med1cal Officer was first mformed of the
tllness or mJury, y
(f) the nature of the dtsease or InjUry,
(g) whether the pattent pnsoner wall referred to outs1de hospttal,
(h) 1f so, the detatls of tr~atment prov1dcd m the outside hospital,
(1) the detatls of medtcmes admmt<>tered and the chmcal tests
conducted on the pnsoner, '
(J) when the deceased wa" last seen before ht~ death by the
Medtcal Officer or Medtcal Subordmate,
(k) the time of the death of the pnsoner, and
(I) an account of the appearance of the corpse, together wtth any
spec1al remarks that the MedJcal Officer may desire to record or report to the
Supermtendent
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(2) The ~edtcal Officer shall send a report of such death to the
Supenntendent of the Pnson and to the Dtrector General, through the
Supenntendent
27 Subordmate Officers not to be absent w1thout leave -Offtcers
subordmate to the Supermtendent shall not be absent from the pnson w1thout
leave from the Supenntendent or an officer authonsed m th1s behalf by the
Supenntendent
CHAPTER VI
DISCIPLINE IN PRISONS
I
28 Dlsc1plme m Pnsons-{ l) The Supenntendent and other officers shall
be respons1ble for mamtammg dJSCiph!le m the pnson and of pnsoners and staff
m accordance With the prov1s1ons of th1s Act and Rules made thereunder
~ (2) There shall be a comnuttee cons1stmg of ~upenntendents, Jomt
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Supenntendent (Dtsc1plme) or Deputy Supenntendents, Welfare Officer and
Med1cal Officer for the purpose of mamtammg dtsc1phne m the pnson
(3) The Supenntendent shall be the Chairman of the Comm1ttee and
Ch1ef DISClplme Officer of the pnson The Jomt Supenntendent (DISClpltne) or
the Deputy Supenntendent shall be the OISClpltne Officer
(4) The committee may dec1de the procedure for transaction of Its
bus mess
(5) The Ch1ef D1sc1phne Officer or DISClphne Officer shall subject to the
superv1s10n of the Committee mamtam d1Sc1phne m the pnson
( 6) It shall be the duty of the DJsc1plme Officer,-
- (a) to asstst the Ch1ef D1sctphne Officer m mamtenance of secunty
and d1sc1phne m pnson,
(b) to superv1se the work of gate keepers,
(c) to supervtse the work or labour of pnsoners,
(d) to prevent smugglmg of any prohibited' or unauthonsed art1cle m
the pnson,
(e) to take actton agamst offenders of smugghng or possessmg
proh1b1ted arttcles,
(f) to rccetve-offtctal and non-offic1al VISitors,
(g) to carry out mstructJOns of the Ch1ef D1sclphne Officer m all
matters relatmg to dJSClphne and pnson admm1strat10n
200
(7) The manner of enforcmg d1Sc1plme m pnson!> shall be, such as may
be prescnbed )o--~
29 Respons1bll1ty of Supenntendent m D1stnct Jall1, Specwl Sub Ja1ls
and Sub Ja~ls -The Supenntendent assisted by h1s subordmate officers !>hall
mamtam d1sc1phne m the pnson m accordance with the provisions of the Act
and Rules made thereunder
CIW'TI R VII
ADMISSION AND REMOVAL Of PRISONERS
30 Adm1sswn of Pn:;oners --(I) No person .;;hall be admitted mto a
pnson for detentiOn unless a warrant, wnt or order authonsmg h1s detentiOn
s1gned by a competent authonty and duly sealed, IS produced before the officer
who, for the lime bemg, remams m-charge of the pnson
(2) Every person rece1ved m a pnson for detentiOn shall be searched
and the officer conductmg the search shall take mto custody all weapons and
proh1b1ted articles, 1f any, m the possess1on of the pnsoner The search !>hall be
mad~ m such manner as may not subject the pnsoner or the person to
unnecessary harassment, hum1hat10n or 1gnommy A female pnsoncr shall be
searched by the matron or by a female warder only When a female ~~ admitted
mto a pnson and 1f there IS no other female pnsoner, a female warder be deputed
to remam ms1de the ward where such female pnsoner 1s accommodated
(3) All money and other valuable art1cles m respect whereof no order
of a competent court has been made and wh1ch may wtth proper authonty be
brought mto the pnson by any cnmmal pnsoner or brought to the pnson for h1<;
use, shall be placed m the custody of Supenntendent or an officer authonsed by
the Supenntendent m that behalf
(4) Every pnsoner after bemg searched and before bemg taken mto h1~
accommodatiOn shall be photographed at the gate 1tself and b10metnc
measurements mcludmg finger pnnts should be taken for establishment of h1~
correct 1denttficat10n
(5) Every pmoner shall also, after admi<;sJOn, be exammed on the same
day or the next day under the general or special orders of the Medical Officer,
who shaH enter or cause to be entered tn a book, to be kept by the Med1cal
Officer, a record of the state of pnsoner's health mcludmg blood group. whether
he 1s an HIV pos1t1ve and of any wounds or marks on h1.;; person, the class of
labour he IS fit for, 1f sentenced to ngorous 1mpnsonment and any observatiOns
wh1ch the Medical Officer cons1ders fit to add
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~ (6) Dunng exammat10n under sub-sect10n (5), 1f 1t IS found that any
~ pnsoner 1s suffenng from any 1nfect1ous d1sease, mental aliment, addtchon to
drugs, senous s1ckness, pregnancy, InJury or any other senous a1lment as may
be dtscermble on exammatton by the Medtcal Officer, the pnsoner shall be
referred to a Government Hosp1tal or Mental Health Centre, as the case may be
\ ' )\_ ...
Prov1ded that exammat10n regardmg the mfecttous d1seascs referred m
sub-sectiOn (6) shall be conducted wtthm two weeks and a report regardmg thts
shall be subm1tted to the Supermtendent
· Prov1ded further that order!. of the competent admm1strat1ve authonty
shall be obtamed before refemng a pnsoner to Mental Health Centre
(7) Every pnsoncr after returnmg from leave shall be subJ-ected to
med1cal exammat10n m the same way a~ spec1fied m sub-section (5) by the
Medtcal Officer
31 Remoyal of pnwne1 ~ -(1) All pnsoners shall, before bemg removed
from one pnson to another, be exammed by the Med1cal Officer
(2) No pnsoner <>hall be removed from a pnson to another pnson
unless the Med1cal Officer cert1fies that the pnsoner ts medtcally fit for such
removal
32 Detentwn of pnsoner ordered'to be released but productwn warrant
pendwg --The Supenntendent may seek orders from the Chtef Judtctal
Magistrate of the D1str1ct regardmg further detention of a cnmmal pnsoner who
has been ordered to be released by a Court, but agamst whom a productiOn
warrant from another court has been receiVed by the Supenntendent and remams
to be executed The Supenntendent shall act as per the orders of the Chtef
,- Jpdtctal Mag1strate m the matter
•-.II
\ CHAPTI:R VIII
FOOD, CLOlHING AND BEDDING OF PRlSONERS
33 Mazntenance of ctvzl pnsonen -{I) A CIVIl pnsoner shall be perm1tted
to mamtam h1mself and to obtam from pnvate sources h1s requtrement of
clothmg and other neces!>ltles, subJect to exammat10n and to such rules as may
be prescnbed The !>Ubststence allowance to be pa1d by the decree holder to the
Pnson Department for the detentiOn of a cw1l pnsoner or a c1v1l debtor may be
enhanced penod1cally and suitably
I "r·
(2) No part of any clothmg and other necess1t1e~ belongmg to any c1vll
pnsoner !>hall be giVen. lmed or sold to any other pnsoner and _any CIVtl pnsoner
transgressmg the proHsJOns of thts section shall lose the pnvliege of obtammg
from pnvate sources the above mentioned Items for such t1me as the
l
Supenntendent thmks proper
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(3) Every ctvtl pnsoner u'nable to provtde htmself with suffictent
clothmg and other necesstties shall be supplied with 1;uch clothmg and other
necessities as may be prescnbed
(4) Every CIVIl pnsoner !.hall be supplied such food by the
Supenntendent subject to exammat10n and condttions, as may be prescnbed
34 Mamtenance of undertnal pnsoner:, and detenues --( l) Undertnal
pnsoners and detenues ~hall be pennitted to brmg along with them or obtain
from pnvate sources their requirement 'of clothmg and other necessities, subject
to rules
(2) No part of any clothmg and 'other necessities belongmg to any
undertnal pnsoner or detenue shall be given, hired or sold to any other pnsoner
by htm and any undertnal pnsoner or detenue transgressmg the provisions of
thts sub-section shall lose the pnviiege of obtammg from pnvate sources the
above mentiOned 1tems for such time as the Supenntendent thtnks proper ./.)
(3) Undertnal pnsoners and detenues unable to provide themselve~
wtth sufftctent clothmg and other necessthes shall be supplied Wtth such
clothmg and other neoessthes, as may be prescnbed
(4) Undertnal pnsoners and dctenues shall be !.upphed such food by
the Supenntendent subject to exammat10n and conditions, a!. may be prescnbed
(5) No money shall be demanded from undertnal pnsoncrs and
detenues for any food, beddmg and other neccssihC!. provtded to them m the
pnsons.
35 Mamtenance of cr,zmmal pnwnen- (I) Cnmmal pnsoners shall be
supphed such food, clothmg, bcddmg and other neces~Ities by the
Supenntendent, as may be prescnbed
(2) No money shall be demanded from cnmmal pnsoners for any
food, beddmg and other necessities provided to them ·m the pn~ons
CHAPTER IX
RIGHTS AND DUTIES OF PRISONERS
36 Rzghts of przsoners -Subject to the proviSions of any law for the time
bemg m force and condtttons as may be prescnbed, all pnsoners shall have the
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(a) to hve with human dtgmty,
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(b) to be entttled for adequate dtet, health and medtcal care, hygtemc
hvmg cond1ttons and proper clothmg,
(c) of commumcatton wh1ch mcludes contacts w1th h1s fam1ly members .
and other persons m such manner and subject to such cond1t10n, as may be
pre~cnbed,
(d) of access to due process of law, mcludmg legal serv1ce and legal
' ard,
(e) to protectiOn agamst unlawful aggresswn on h1s person or agamst
1mposlt10n of 1gnpmmy m any manner not authonsed by law,
(f) to protectiOn agamst unreasonable d!scnmmatwn,
-},. (g) to protectiOn agamst pumshment or hard!>hlp amountmg to
pun1shment, except through procedure established by law and w1th due
opportumty of defence,
(h) of bemg mformed of the amemhes and pnv1leges of pnsoners
admiSSible under the law,
(1) of pursumg h1s rehg10us faith,
(J) to protectiOn agamst labour not authonsed by law or m excess of
the prcscnbed penod or w1thout payment of wages at the prescnbed rate,
(k) of enjoyment of fundamental nghts under Chapter III of the
Con'stttutwn of Ind1a m so far as they do not become mcapable of enjoyment
as an mc1dent of conv1ctwn and confinement, and
(I) of bemg released on due date
Explanatwn -For the purpose of clause (f), classification, segregatiOn or
'
difference m treatment under the provisions of the Act or the Rules made
thereunder, shall not be deemed to oe unreasonable d1scnmmatJon
37 Dut1es of pnsone1 s -It shall be the duty of every pnsoner to obey
orders and mstructwns of any pnson officer, to abrde by the provJSJons of th1s
Act and the Rules made thereunder and also to comply wrth such other dut1es,
as may be prescnbed
34/87812011/DTP
204
CHAP1[R X
CLASSIFICATION AND SI::PARATION OF PRISONERS
38 Classzjicatwn of przwne1 ~ -All Pnsoners as classtfied below shall be
categonsed by a Commtttee conststtng of the Supenntendent, Jomt
Supenntende~t, Welfare Officer and Medtcal Officer, namely --
(a) .Ctvtl pnsoners
(b) Cnmmal pnsoner~
(c) Undertnal pnsoners
(d) Convtcted pnsoner~
(e) Habttual offenders
(f) Non habttual offenders
(g) Detenues
(h) Lunatic cnmmal pnsoners
(t) Dangerous pnsoners
(J) Secunty pnsoners
(k) Pnsoners sentenced to death
39 Separatwn of pnsoners -( l) Pnsoners classtfted tnto dtffcrcnt
categones under sectiOn 38 shall be tmpnsoncd ~cparately
(2) The pnsoners referred to m clauses (a) to (k) of sectton 38 shall
further. be classtfied mto male pnsoners and female pnsoners and kept separated
m separate butldmgs m such a manner as to prevent thetr contact wtth each
other
(3) Female pnsoners convtcted or charged tor offence~ under the
Immor~l Traffic (Preventton) Act, 1956 (Central Act 104 of 1956) shall be
segregated from other female pnsoners
(4) Adolescent offenders shall be separately confined and kept separate
from adult phsoners
(5) Remanded and undertnal pnsoner" '>hall be kept apart from
convtcted cnmmal pnsoners
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(6) C1vll pnsoners shall be kept apart from cnmmal pnsoners '
(7) Dangerou~ pnsoners and secunty pnsoners shall be kept ~eparately
(8) Detenues shall be kept separately
(9) M1htary pnsoner~ ~hall be kept separately
( 1 0) Fore1gn pmoners shall be kept separately
( 11) Lunatic cnmmal pnsoners shall not be kept m pnson, but sent to
the neare~t mental health centre or hosp1tal on the adv1ce of the Med1cal Officer
..
(12) F1rst offenders ~hall be kept separate from hab1tual offenders
(13) Pnsoners suffermg from mfect1ous d1seases and those ltkely to
mfect fellow pn~oners w1th dJ<;eases through bodtly contact; shall be kept
<;eparately
(14) Aged, mfirm and hand1capped pnsoners ~hall be kept separately
a<> far as posstble
( 15) All blood related pmoners, '\eparated on grounds of d1fferent sex,
shall be allowed to meet each other once m a week m the presence of a pnson
officer
40 Aswuatwn and !Jegregatzon of pn!>onen --Subject to the requirements
of sectiOn 38. convLcted pnsoners may be confmed either m as!.OctatJOn or
mdlvJdually m cell~ or partly m one way or partly m the other
41 Solitary confinement -No cell shall be used for 'solitary confinement
un1es~ 1t IS fum1shed w1th the means of enabhng the pnsoner to commumcate at
any time with an officer of the pnson, and every pnsoner so confined m a cell
for more than twenty four hours whether as a pumshment or otherwise, v1s1ted
at least once a day by the Med1cal Officer or Med1cal Subordmate
42 Pn!.onen sentenced to death - -( 1) [very pnsoner sentenced to death
shall, Immediately on h1-; arnval m pnson after sentence be searched
metJculously and all art1cles '>hall be taken from h1m whtch the Supenntendent or
dn officer authonsed m th1~ behalf by the Supenntendent deems Jt dangerous or
mexped1ent to leave m h1s possess1on
(2) Every ~uch pn~oner shall be treated •as a normal conv1cted
pnsoner until h1s final executable sentence IS passed and such a pnsoner shall
not be entitled to any leave or escort vt~Jt
206
(3) As and when a finally executable sentence IS passed m respect of
pnsoner sentenced to death, such pnsoner shall be confined m a cell apart from
all other pnsoners and shall be kept under the charge of a guard. day and
mght
CHAPlcR XI
CUSTODY AND SECURlTY at PRlSONERS
43 Safe custody and secunty o( pnmners I he Supenntcndent ot the
Pnson shall be responsible to undertake effect1ve measures to ensure safe .. custody and secunty of pnsoners
44. Confinement m 1ron ban wllh the petmnswn of the court -Whenever
the Supenntendent has reason ;o believe that a pnsoner IS hkely to JUmp out of
pnson or break out of the custody m v1cw of h1<> proneness to VIolence or h1~
tendency to escape of h1s bemg so dangerous or desperate that no other
practicable way of preventmg h1s escape IS ava1lable except by confinmg h1m m
1ron bars, he may so confine h1m With the permi'>SJon of the court
45 Use of handcuffs and fetter!> 1n emn gent slluatwn~ --In emergent
SJtuatJOns, 1t shall be open to the Supcnmendent to use handcuffs and fetters to
secure any pnsoner, for reasons to be recorded m wntmg, and under mt1mat1on
to the D1stnct and Sessions Judge w1thm twenty four hours of U'img such
handcuffs. or fetters
46. Dangerous przwners and Secunty pnson,ers -(I) Dangerou~ and
Secunty pnsoners shall be accommodated m spec1al cells m Central Pn<>ons or
h1gh secunty pnsons
(2) The Supermtendent shall take <>pcCJal care and cautiOn for ensunng
1.afe custody of dangerous pnsoners and secunty pnsoners as may be specified
by Government by notificatiOn m tlus behalf
47 Fac1fltv jor mtl'rv1ews and communu:atwn wllh 1 e/at1ves and /ega/
practztwners -Subject to the prov1s1ons of the Act and the rules rclatmg to the
secunty of pnson and pnsoners, the Supenntendent shall prov1de to every
pnsoner, facli!IJes for mterv1ews and c.ommunrcatJOn With relat1ves and legal
practitiOners and for wntmg letter1., m such manner and at such mtervals, a!.
may be prescnbed .
48 Search of vzsaors -(I) The Supenntendcnt or the authonsed officer
shall record the name ·and address of all v1~1tors to a pnsoner m a rcg1stcr
kept for the purpose at the entrance of the pnson and cause a thorough
search to be conducted on the v1s1tor for the purpose of ensunng secunty to
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the pnson and the pnsoners lf any prohtbtted article ts found m the
possessiOn of the vtsttor, the Supenntendent or the authonsed officer shall
tmt1ate such actton as may be prescnbed and such vtsttor shall not be allowed
to meet the pnsoner The Supenntendent shall ensure that the vtsttor does not
carry proh1b1ted arttcle!> to the pnson on the pretext of meetmg any pnsoner
Search of vtsttors shall be undertaken w1th due regard to pnvacy and decency.
Women vtsttors shall be searched only by women warders or women staff
Searchmg of women VISitors snail be done tn separate enclosure~ away from the
vtew of male per!>ons
(2) A vts1tor who refuses to perm1t to be searched may be demed
adm1sston by the Supenntendent and the grounds of such dental shall be
entered m a proceedmgs and contents there of wntten m such records and 111
~uch manner as may be prescnbed
49 Forezgn pn~oners -(1) Subject to the prov1stons of the Act and the
rules made there~nder relatmg to the s.ecunty of pnson and pnsoners, fore1gn
pnsoners may be permttted to use mternet factltttes at thetr own cost for legal
asststance and also to contact thetr Embass1es m Ind1a m such manner and
upon such condtttons, as may be prescnbed
(2) The Supenntendent of the pnson concerned shall report the
admiSSIOn of any foretgn natiOnal m the pnson to the Dtrector General
1mmedtately stating the full name, address and nanonahty and the '>ecttons under
whtch the pnsoner IS detamed The Dtrector General shall address the State
Government tn thts regard The release of such pnsoner from the pnson shall
al!>o be reported by the Supenntendent to the Director General who m tum shall
mform the Government
(3) Foretgn pnsoners who have no valtd travel documents, when
released from pnson, and those under orders of deportatiOn, shall be handed
over to the StattOn House Officer of the Pollee Statton havmg JUnsdtctton over
the area who shall take appropnate act10n m accordance w1th the law for the
ume bemg m force
CHAP1H XII
VI Sri ORS TO PRJ SON
50 Panel of VISit on -(1) The Government shall. by nottficat1on, spec1fy a
panel of such offic1al and non offictal VISitors for each pnson and the penod
~- dunng wh1ch the panel <>hall v1s1t the pnson and the penod1c1ty of such v1stt
shall be as spectfied m the not1ficat10n
208
(2) The VISitors shall exerctse such powers and carry out ~uch dutte-;
as may be prescnbed
(3) Every v1s1tor, after he has completed hts v1s1t to pnson, shall record
In the VISitor's book the date and hour of hiS Vt'Ht and remarks Of suggcst10m
whtch he may hke to make Entnes m the vtsttor's book shall be made m the
VISitor's own handwntmg The Supermtendent shall forward a copy of the
remarks recorded by the VISitor togetheL wtth a report on act1on taken by htm to
the Dtrector General, who may take appropnate further action m the matter
CHAPTrR XIII
EMPLOYMENl m PRISONERS
51 General--For carrymg out the orders of convtcttons by vanou~ Courts
on pnsoners sentenced to ngorous tmpnsonment, all the pnson<> where such
conv1cted pnsoners are accommodated, shall have facil1ttcs for prov1dmg labour
to the pnsoners Such pnsons shall have appropnate mfrastructure for gtvmg
meamngful work to such pnsoners The pn~oner~ shall be gtven such vocational
trammg, as may be prescnbed, for enablmg them to find employment or gettmg
self employed after the1r release Men and w0men pnsoners shall be g1vcn
appropnate and separate task~ for domg labour m de1>ervmg cases The pnsoners
sentenced to s1mple 1mpnsonment shall also be provtded wtth work on then
request so as to enable them to earn wages depcndmg on the requtremcnts of
rehablhtatJOn '
52 Employment of c_nmznal przsoner!J !Jentenc_ed to rzgorous
zmpnsonment - (I) Cnmmal pnsoners sentenced to ngorous 1mpnsonment shall
be prov1ded w1th factht1es of appropnate labour preferably ba<ied on thetr
aptttude
(2) No cnmmal pnsoner sentenced to labour or employed on labour at
hts own des1re shall, except on an emergency and wtth the sanctwn m wntmg of
the Supenntendent, be kept to labour for more than e1ght hours m any one day
(3) The Med1cal Officer shall from t1me to ttme, examme the labounng
pnsoners who are engaged m labowr and shall at least cnce m every fortmght
cause to be recorded upon the h1story-ttcket of each pnsoner employed on
labour the we1ght Excerpt shown. Open the full act in Lexace.