The PRISONS ACT, 1894

671
THE PRISONS ACT, 1894
(Act No. 9 of 1894)
[22nd March 1894]
[In its application to the State of Maharashtra]
An Act to amend the law relating to Prisons
Whereas it is expedient to amend the law relating to prisons in *(India
except the territories which immediately before the 1st November , 1956,
were comprised in Part-B states) †(other than any such territories forming
part of the State of Bombay by Section 8 of the States Reorganisation
Act, 1956) and to provide rules for the regulation of such prison; it is
hereby enacted as follows :—
CHAPTER I
PRELIMINARY
1. This Act may be called the Prisons Act, 1894.
‡(2) It extends to the whole of India except §(the territories which,
immediately before the 1st November , 1956, were comprised in part-B
states);  †(other than any such territories forming part of the State of
Bombay by Section 8 of the State Reorganisation Act, 1956).
(3) ¶ X X X
(4) Nothing in this Act shall apply to civil jails in the ††(State) of ‡‡
[Maharashtra] §§(out-side Greater Bombay and those jails shall be
administered) under the provisions of Sections 9 and 16 (both inclusive)
of Bombay Act 2 of 1874, as amended by subsequent enactments.
2. [Repeals—Rep, by the Repealing Act, 1938 (I of 1938), s. 2 and
Sch.
* Subs. by the Adaptation of Laws (No. 2) Order, 1956, or “Part A States and Part C
States”.
† Inserted by ibid.
‡ Subs. by the A. O. 1950, for the formar sub-Section.
§ Subs. by the Adaptation of Laws (N-2) Order, 1956, for “Parts B States.”
¶ Deleted by Bombay Act XXIII of 1959. (S.2) (2b).
** The word “application” Subs. for the word “commencement,” by ibid S.2 (2).
†† Subs. by the A. O. 1950 for “Province” which was subs by the A. O. 1948 for
“ Presidency .’’
§§ Subs. for the words ‘“State of Bombay “ by the Central Acts on State and Concurrent
subjects ( Maharashtra Adaptation ) (Amendment) order 1961.
S§ Subs. for the words “as it existed to be administered” by Bombay Act XXIII of 1954.
Title extent and
application.
672
3. In this Ac t—
(1) “prison” means any jail or place used permanently or temporarily
under the general or special orders of a State Government for the
detention of prisoners, and includes all lands and buildings appurtenant
thereto, but does not include—
(a) any place for the confinement of prisoners who are exclusively in
the custody of the police;
(b) any place specially appointed by the State Government under Section
541 of the “Code of Criminal Procedure 1882 (X of 1882); or
(c) any place which has been declared by the State Government by
general or special order , to be a subsidiary jail;
(2) “criminal prisoner” means any prisoner duly committed to custody
under the writ, warrant or order of any Court or authority exercising
criminal jurisdiction, or by order of a Court-martial;
(3) “convicted criminal prisoner” means any criminal prisoner under
sentence of a Court or Court-martial, and includes a person detained in
prison under the provisions of Chapter VIII of the *Code of Criminal
Procedure, 1882 (X of 1882) or under the †Prisoners Act, 1871 (V of
1871);
(4) “civil prisoner” means any prisoner who is not a criminal prisoner;
(4-A) ‡ X  X  X
§[(5) ‘remission system’ means the system of regulating the award of
marks to, and the consequent shortening of sentences of, prisoners in jail
in accordance with the rules for the time being in force :]
(5A) ‘furlough system’ means the system of releasing prisoners in jail
on furlough in accordance with the rules for the time being in force
¶[(5B), parole system’ means the system of releasing prisoners in Jail on
parole, by suspension of their sentences in accordance with the rules for
the time being in force.]
(6) “history-ticket” means the ticket exhibiting such information as is
required in respect of each prisoner by this Act or the rules thereunder;
* The relevant provisio ns of the Code of Criminal Procedure, 1898 (V of 1898) to be
referred to.
† See now the Prisoner Act, 1900 (III of 1900).
‡ Clause (4 A) inserted by Bombay Act, XXIII of 959, deleted by-Maharashtra Act, XVI
of 1960.
§ Substituted for clause 5 by Bombay Act, XXVII of 1953 (S.2).
¶ Inserted by Bombay Act, XXIII of 1959 (S.3)
Definitions.
673
(7) “Inspector General” means the Inspector General of Prisons;
(8) *X X X;
(9) “prohibited article” means an article the introduction or removal of
which into or out of a prison is prohibited by any rule under this Act.
CHAPTER II
Maintenance and Officers of Prisons
4. The State Government shall provide, for the prisoners in the territories
under such Government, accommodation in prisons constructed and
regulated in such manner as to comply with the requisitions of this Act
in respect of the separation of prisoners.
5. †(l) An Inspector General shall be appointed for the territories
subject to each State Government and shall exercise, subject to the orders
of the State Government the general control and Superintendence of all
Prisons situated in territories under such Government.
¶”(2) The State Government may also appoint one or more Deputy
Inspectors General of Prisons for the whole of such territories or any
part thereof, and they shall exercise, carry out or discharge all or any
of the powers, duties and functions of the Inspector General under this
Act, or under any law for the time being in force, as the Inspector
General may delegate to them, with the prior approval of the State
Government.”
6. (1) Officers of Prisons.—For every prison there shall be a
Superintendent, †† (who may be a Deputy Inspector General of Prisons)
a Medical Officer (who may also be the Superintendent), ** X X X a
jailor and such other officers as the State Government thinks necessary;
provided that ‘(the State Government of Maharashtra‡:] may § x x x
declare by order in writing that in any prison specified in the order the
office of jailor shall be held by the person appointed to be Superintendent.
†‡ (2) Where one or more deputy Superintendents are appointed
for a prison, they shall, subject to the general or special orders of the
Accommodation
for prisoners.
* Deleted by Bombay Act XL V of 1952 (5.2).
† Renumbered as sub-sec. (1) by Bombay Act XXIII of 1959 (S. 3).
‡ Subs. by the A. O. 1937 and A. O. 1950 for the words “Governor of Bombay in Council
“Farther subs. by the words’ State Government of Maharashtra “ by the Central Acts on
State and concurrent subject (Maharashtra Adaptation) (Amendment) Order, 1961.
§ The words “ with the previous sanction of the Governor-General-in-Council “ omitted
ibid.
¶ Added by ibid.
**The words “ a Medical Subordinate “ deleted by ibid.
†† Inserted by ibid.
‡‡ Section 6 renumbered as sub-sec. (1) of that section and sub. sec. (2) inserted by ibid.
Inspector
General.
674
Inspector General, exercise, carry out or discharge all or any of the
powers, duties and functions of a Superintendent under this Act, or any
law for the time being in force, as the Superintendent may delegate to
the††
7. Whenever it appears to the Inspector General that the number of
prisoners in any prison is greater than can conveniently or safely be kept
therein, and it is not convenient to transfer the excess number to some
other prison,
or whenever from the outbreak of epidemic disease within any prison,
or for any other reason, it is desirable to provide for the temporary shelter
and safe custody of any prisoners ;
provision shall be made, by such officer and in such manner as the
State Government may direct, for the shelter and safe custody in temporary
prisons of so many of the prisoners as cannot be conveniently or safely
kept in the prison.
CHAPTER III
Duties of Officers
Generally
8. All officers of a prison shall obey the directions of the Superintendent;
all officers subordinate to the Jailor shall perform such duties as may be
imposed on them by the Jailor with the sanction of the Superintendent
or be prescribed by rules under section * [59].
9. No officer of a prison shall sell or let, nor shall any person in trust
for 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 .
10. No officer of a prison shall, nor shall any person in trust for or
employed by him, have any interest, direct or indirect, in any contract for
the supply of the prison ; nor shall be derive any benefit, directly or
indirectly, from the sale or purchase of any article on behalf of the prison
or belonging to a prisoner .
Superintendent
11. (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.
Temporary
accommodation
for prisoners.
* Subs. ibid., for “60”.
Control, and
duties of officers
of prisons.
Officers not to
have business
dealings with
prisoners.
Officers not to
be interested in
prison-contracts,
Superintendent
675
(2) Subject to such general or special directions as may be given by
the State Government, the Superintendent of a prison other than *XXX
a prison situated in a presidency-town shall obey all orders not inconsistent
with this Act or any rule thereunder which may be given respecting the
prison by the District Magistrate, and shall report to the Inspector General
all such orders and the action taken thereon.
12. 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 under section 59
†X X X
Medical Officer
13. Subject to the control of the Superintendent, the Medical Officer
shall have charge of the sanitary administration of the prison, and shall
perform such duties as may be prescribed by rules made by the State
Government under section ‡[59].
14. Whenever the Medical Officer has reason to believe that the mind
of a prisoner is, or is likely to be, injuriously affected by the discipline
or treatment to which he is subjected, the Medical Officer shall report
the case in writing to the Superintendent, together with such observations
as he may think proper .
This report, with the orders of the Superintendent, thereon, shall
forthwith be sent to the Inspector General for information.
15. On the death of any prisoner , the Medical Of ficer shall forthwith
record in a register the following particulars, so far as they can be
ascertained, namely :—
(1) the day on which the deceased first complained of illness or was
observed to be ill,
Records to be
kept by
Superintendent.
* The words and figures “ or section 60 “ omitted by the A. 0, 1937.
† The words “ a central prison or “ omitted by Bombay Act, XL V of 1959 (S,4)
‡ Subs. ibid  for "60".
Duties of
Medical Of ficer.
Medical Officer
to report in
certain cases.
Report on death
of prisoner .
676
(2) the labour , if any , on which he was engaged on that day ,
(3) the scale of his diet on that day ,
(4) the day on which he was admitted to hospital,
(5) the day on which the Medical Officer was first informed of the
illness,
(6) the nature of the disease,
(7) when the deceased was last seen before his death by the Medical
Officer * XXX,
(8) when the prisoner died, and
(9) (in cases where a post-mortem examination is made) an account
of the appearances after death, together with any special remarks that
appear to the Medical Officer to be required.
Jailor
16. (1) The Jailor shall reside in the prison, unless the Superintendent
permits him in writing to reside elsewhere.
(2) The Jailor shall not, without the Inspector General’ s sanction in
writing be concerned in any other employment.
17. Upon the death of a prisoner , the Jailor shall give immediate notice
thereof to the Superintendent and the † [Medical Officer]
18. The Jailor shall be responsible for the safe custody at 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.
19. The Jailor shall not be absent from the prison for a night without
permission in writing from the Superintendent; but, if absent without leave
for a night from unavoidable necessity , he shall immediately report the
fact and the cause of it to the Superintendent.
20. Where a Deputy Jailor or Assistant Jailor is appointed to a prison,
he shall, subject to the orders of the Superintendent, be competent to
perform any of the duties, and be subject to all the responsibilities, of a
Jailor under this Act or any rule thereunder .
Subor dinate Officers
21. The of ficer acting as gate-keeper , or any other of ficer of the
prison, may examine anything carried in or out of the prison, and may stop
Jailor.
* The words “Medical Subordinate” omitted by Bombay Act, XL V of 1959 (S. 5).
† Subs, for the words “ Medical Subordinate “ by Bombay Act, XL V of 1959 (S. 6).
Jailor to give
notice of death
of prisoner .
Responsibility of
Jailor.
Jailor to be
present at night.
Powers of
Deputy and
Assistant Jailors.
Duties of
gate-keeper .
677
and search or cause to be searched any person suspected of bringing
any prohibited article into or out of the prison, or of carrying out any
property belonging to the prison, and, if any such ‘article or property be
found, shall give immediate notice thereof to the Jailor .
22. Officers subordinate to the Jailor shall not be absent from the prison
without leave, from the Superintendent or from the Jailor .
23. Prisoners who have been appointed as officers of prisons shall be
.deemed to be public servants within the meaning of the Indian Penal Code
(45 of 1860).
CHAPTER IV
Admission, Removal and Dischar ge of Prisoners
24. (1) Whenever a prisoner is admi tted into prison, he shall be
searched, and all weapons and prohibited articles shall be taken from him.
(2) Every criminal prisoner shall also, as soon as possible after admission
be examined under the general or special orders of the Medical Of ficer,
who shall enter or cause to be entered in a book, to be kept by the Jailor ,
a record of the state of the prisoner ’s health, and of any wounds or marks
on his person, the class of labour he is fit for if sentenced to rigorous
imprisonment, and any observations which the Medical Officer thinks fit
to add.
(3) In the case of female prisoners the search and examination shall
be carried out by the matron under the general or special orders of the
Medical Of ficer.
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 sent to the prison
for his use, shall be placed in the custody of the Jailor .
26. (1) All prisoners, previously to being removed to any other prison,
shall be examined by the Medical Of ficer.
(2) No prisoner shall be removed from one prison to another unless
the Medical Officer certifies that the prisoner is free from any illness
rendering him unfit for removal.
(3) No prisoner shall be discharged against his will from prison, if
labouring under any acute or dangerous distemper , nor until, in the opinion
of the Medical Of ficer, such dischar ge is safe.
Subordinate
officers not to be
absent without
leave.
Convict officers.
Prisoners to be
examined on
admission.
Effects of
prisoners.
Removal and
discharge of
prisoners.
678
CHAPTER V
Discipline of Prisoners
27. The requisition s 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 or
holding any intercourse with the male prisoners;
(2) in a prison where male prisoners under the age of *[twenty-one]
are confined, means shall be provided for separating them altogether from
the other prisoners and for separating those of them who have arrived
at the age of puberty from those who have not;
(3) unconvicted criminal prisoners shall be kept apart  from convicted
criminal prisoners; and
(4) civil prisoners shall be kept apart from criminal prisoners.
28. Subject to the requirements of the last foregoing section, convicted
criminal prisoners may be confined either in association or individually in
cells or partly in one way and partly in the other .
29. No cell shall be used for solitary confinement unless it is furnished
with the means of enabling the prisoner to communicate at any time with
an officer of the prison, and every prisoner so confined in a cell for more
than twenty-four hours, whether as a punishment or otherwise, shall be
visited at least once a day by the Medical Officer †[or any officer
authorised by the Medical Officer in this behalf].
30. (1) Every prisoner under sentence of death shall, immediately on
his arrival in the prison after sentence, be searched by , or by order of,
the Jailor and all articles shall be taken from him which the Jailor deems
it dangerous or inexpedient to leave in his possession.
(2) Every such prisoner shall be confined in a cell apart from all other
prisoners, and shall be placed by day and by night under the charge of
a guard.
Separation of
prisoners.
* Subs. by Act VI of 1930, s. 2, for “ eighteen “.
†Subs, for the words “ or Medical Subordinate “ by Bombay Act XL V of 1959 (S.7).
Association and
segregation of
prisoners.
Solitary
confinement.
Prisoners under
sentence of
death.
679
CHAPT ER VI
Food, Clothing and Bedding of Civil and Unconvicted Criminal
Prisoners
31. A civil prisoner or an unconvicted criminal prisoner shall be
permitted to maintain himself, and to purchase, or receive from private
sources at proper hours, food, clothing, bedding or other necessaries, but
subject to examination and to such rules as may be approved by the
Inspector General.
32. No part of any food, clothing, bedding or other necessaries belonging
to any civil or unconvicted criminal prisoner shall be given, hired or sold
to any other prisoner; and any prisoner transgressing the provisions of this
section shall lose the privilege of purchasing food or receiving it from
private sources, for such time as the Superintendent thinks proper .
33. (1) Every civil prisoner and unconvicted criminal prisoner unable
to provide himself with sufficient clothing and bedding shall be supplied
by the Superintendent with such clothing and bedding as may be
necessary.
(2) When any civil prisoner has been committed to prison in execution
of a decree in favour of a private person, such person, or his
representative, shall, within forty-eight hours after the receipt by him of
a demand in writing, pay to the Superintendent the cost of the clothing
and bedding so supplied to the prisoner; and in default of such payment
the prisoner may be released.
CHAPTER VII
Employment of Prisoners
34. (1) Civil prisoners may , with the Superintendent’ s permission, work
and follow any trade or profession.
(2) Civil prisoners finding their own implements, and not maintained at
the expense of the prison, shall be allowed to receive the whole’ of their
earnings; but the earnings of such as are furnished with implements or
are maintained at the expense of the prison shall be subject to a deduction,
to be determined by the Superintendent, for the use of implements and
the cost of maintenance.
35. (1) No criminal prisoner sentenced to labour or employed on labour
at his own desire shall, except on an emergency with the sanction in
writing of the Superintendent, be kept to labour for more than nine hours
in any one day .
(2) The Medical Officer shall from time to time examine the labouring
prisoners while they are employed, and shall at least once in every
Maintenance of
certain prisoners
from private
sources.
Restriction on
transfer of food
and clothing
between certain
prisoners.
Supply of
clothing and
bedding to civil
and unconvicted
criminal
prisoners.
Employments of
civil prisoners.
Employment of
criminal
prisoners.
680
forthnight cause to b e recorded upon the history-ticket of each prisoner
employed on labour the weight of such prisoner at the time.
(3) When the Medical Officer is of opinion that the health of any
prisoner suf fers from employment on any kind or class of labour , such
prisoner shall not be employed on that labour but shall be placed on such
other kind or class of labour as the Medical Officer may consider suited
for him.
36. Provision shall be made by the Superintendent for the employment
(as long as they so desire) of all criminal prisoners sentenced to simple
imprisonment; but no prisoner not sentenced to rigorous imprisonment shall
be punished for neglect of work excepting by such alteration in the scale
of diet as may be established by the rules of the prison in the case of
neglect of work by such a prisoner .
CHAPTER VIII
Health of Prisoners
37. (1) The names of prisoners desiring to see the * [Medical Officer]
or appearing out of health in mind or body shall, without delay , be
reported by the of ficer in immediate char ge of such prisoners to the Jailor .
(2) The Jailor shall, without delay , call the attention of the * [Medical
Officer] 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 Medical Subordinate
respecting alterations of the discipline or treatment of any such prisoner .
38. All directions given by the Medical Officer [†X X X X] in relation
to any prisoner , with the exception of orders for the supply of medicines
or directions relating to such matters as are carried into effect by the
Medical Officer himself or under his superintendence, shall be entered day
by day in the prisoner ’s history-ticket or in such other record as the S tate
Government may by rule direct, and the Jailor shall make an entry in its
proper place stating in respect of each direction the fact of its having
been or not having been complied with, accompanied by such observations,
if any , as the Jailor thinks fit to make, and the date of the entry .
39. In every prison a hospital or proper place for the reception of sick
prisoners shall be provided.
Employment of
criminal
prisoners
sentenced to
simple
imprisonment.
* Subs. for the words “Medical Subordinate” by Bombay Act, XL V of 1959 (s. 8)
† The words “or Medical Subordinate” deleted by ibid (s. 8+9).
Sick prisoners.
Record of
directions of
Medical Of ficer.
Hospital.
681
CHAPTER IX
Visits to Prisoners
40. Due provision shal l be made for the admission, at proper times and
under proper restrictions, into every prison of persons with whom civil or
unconvicted criminal prisoners may desire to communicate, care being
taken that, so far as may be consistent with the interests of justice,
prisoners under trial may see their duly qualified legal advisers without
the presence of any other person.
41. (1) The Jailor may demand   the name and address of any visitor
to a prisoner , and, when the Jailor 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 Jailor may deny him admission; and the grounds of such proceeding,
with the particulars thereof, shall be entered in such record as the State
Government may direct.
CHAPTER X
Offences in Relations to Prisons
42. Whoever, contrary to any rule under Section *[59,] introduces or
removes,   or attempts by any means whatever to introduce or   remove,
into or from any prison, or supplies or attempts to supply to any prisoner
outside the limits of a prison, any prohibited article,
and every officer of a prison who, contrary to any such rule, knowingly
suffers any such article to be introduced into or removed from any prison,
to be possessed by any prisoner , or to be supplied to any prisoner outside
the limits of a prison,
and whoever , contrary to any such 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 two hundred rupees,
or to both.
Visits to civil and
unconvicted
criminal
prisoners.
* Subs. by the A. 0. 1937, for “60”.
Search of
visitors.
Penalty for
Introduction or
removal of
prohibited
articles into or
from prison and
communication
with prisoners.
682
43. 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 bo false, such officer may arrest him, and shall without unnecessary
delay make him over to a Police Of ficer, and thereupon such police of ficer
shall proceed as if the offence had been committed in his presence.
44. The Superintendent shall cause to be affixed, in a conspicuous place
outside the prison, a notice in English and the * [regional language] setting
forth the acts prohibited under Section 42 and the penalties incurred by
their commission.
CHAPTER XI
Prison-Offences
45. The following acts are declared to be prison offences when
committed by a prisoner :—
(1) such wilful dis-obedience to any regulation of the prison as shall have
been declared by rules made under Section 59 to be a prison-offence;
(2) any assault or use of criminal force ;
(3) the use of insulting or threatening language;
(4) immoral or indecent or disorderly behaviour;
(5) wilful disabling himself from labour;
(6) continuously refusing to work ;
(7) filing, cutting, altering or removing handcuffs, fetters or bars without
due authority;
(8) wilful idleness or negligence at work by any prisoner sentenced to
rigorous imprisonment;
(9) wilful mismanagement of work by any prisoner sentenced to rigorous
imprisonment;
(10) wilful damage to prison-property ;
(11) tampering with or defacing history-tickets, records or documents ;
(12) receiving, possessing or transferring any prohibited article;
(13) feigning illness;
(14) wilfully bringing a false accusation against any officer or prisoner;
Power to arrest
for offence under
Section 42.
“Subs. for the words “V ernacular” by Bombay Act, XXUI of 1959 (S. 3).
Publication of
penalties.
Prison-offences.
683
(15) omitting or refusing to report, as soon as it comes to his
knowledge, the occurrence of any fire, any plot or conspiracy , any escape,
attempt or preparation to escape, and any attack or preparation for attack
upon any prisoner or prison-official; and
(16) conspiring to escape, or to assist in escaping, or to commit any
other of the offences aforesaid.
46. The Superintendent may examine any person touching’ any such
offence, and determine thereupon, and punish such offence by––
(1) a formal warning:
Explanation.— A formal warning shall mean a warning personally
addressed to a prisoner by the Superintendent and recorded in the
punishment-book and on the prisoner ’s history-ticket;
(2) change of labour to some more irksome or severe form *[for such
period] as may be prescribed by rules made by the † [State
Government] ;
(3) hard labour for a period not exceeding seven days in the case of
convicted criminal prisoners not sentenced to rigorous imprisonment ;
(4) such loss of privileges admissible under the ‡[ remission or furlough
or parole system] for the time being in force as may be prescribed
by rules made by the †[State Government] ;
§[(5) exclusion from the privilege of earning wages for a specified period ;
(5A) temporary or permanent reduction from a higher to lower grade or
class, or forfeiture of the grade or class, or of all or specified prison
privileges];
(6) imposition of handcuffs of such pattern and weight, in such manner
and for such period, as may be prescribed by rules made by the
† [State Government] ;
(7) imposition of fetters of such pattern and weight, in such manner and
for such period, as may be prescribed by rules made by the ‡  [State
Government] ;
Punishment of
such offences.
* Ins. by Act, XVII of 1925, s. 2.
† Subs. successively by the A. O. 1937 and A. O. 1950 for “Governor-General-in-Council”.
‡ Subs. for the words “ remission system “ by Bombay Act, XXVII of 1953 (s. 3).
§ Subs. for clause 5 by Bombay Act, XXIII of 1959 (s. 3).
684
(8) separate confinement for any period not exceeding * [three] months :
Explanation.—Separate confinement means such confinement with or
without labour as secludes a prisoner from communication with, but not
from sight of, other prisoners, and allows him not less than one hour ’s
exercise per diem and to have his meals in association with one or more
other prisoners;
(9) † X X X;
(10) cellular confinement for any period not exceeding fourteen days:
Provided that after each period of cellular confinement an interval of
not less duration than such period must elapse before the prisoner is again
sentenced to cellular or solitary confinement:
Explanation.—Cellular confinement means such confinement with or
without labour as entirely secludes a prisoner from communication with,
but not from sight of, other prisoners;
‡ X X X X X X
(11) § X X X;
(12) ¶[ X X X.
Provided that nothing in this section shall render any female or civil prisoner
liable to the imposition of any form of handcuffs or fetters ** X X X,
47. ‡‡(l) Any two of the punishments enumerated in the last foregoing
section may be awarded for any such offence in combination, subject to
the following exceptions, namely :—
(1) formal warning shall not be combined with any other punishment
except loss of privileges under clause (4) of that section ;
(2) ‡‡ X X X X ;
Plurality of
punishments
under Section 46.
* Subs. by Act XVII of 1925, s. 2, for “six”.
† Deleted by Bombay Act XXIII of 1959 (s. 3).
‡ Original clause (11) rep. and clause (12) and (13) renumbered as (11) and (12) respectively
by Act XVII of 1925 (s. 2) and clause (11) further deleted by Bombay Act XXIII of 1959
(s.3).
§ Deleted by ibid.
ll Deleted by Bombay Act XXXIX of 1957 (s. 4).
** Deleted by ibid.
†† The original s. 47 renumbered as sub-Section (1) of that section by Act XVII of 1925
(s. 3).
++
 Deleted by Bombay Act XXIII of 1959 (s. 3).
+
685
*[(3) cellular confinement shall not be combined with separate
confinement so as to prolong the total period of seclusion to which the
prisoner shall be liable;]
(4) †X X X† ,
[(5) no punishment shall be combined with any other punishment in
contravention of rules made by the § [State] Government].
[(2) No punishment shall be awarded for any such offence so as to
combine with the punishment awarded for any other such offence, two
of the punishments which may not be awarded in combination for any
such offence.]
48. (1) The Superintendent shall have power to award any of the
punishments enumerated in the two last foregoing sections, subject, in the
case of separate confinement for a period exceeding one month, to the
previous confirmation of the Inspector General.
(2) No officer subordinate to the Superintendent shall have power to
award any punishment whatever .
¶ [“48A. If any prisoner fails without sufficient cause to observe any of
the conditions on which his sentence was suspended or remitted or
furlough **[or release on parole] was granted to him, he shall be deemed
to have committed a prison of fence and the Superintendent may , after
obtaining his explanation, punish such offence by
(1) a formal warning as provided in clause (1) of Section 46 ;
(2) reduction in grade if such prisoner has been appointed an officer
of prison;
(3) loss of privileges admissible under the remission or furlough
**[or parole] system; or
(4) loss of such other privileges as the State Government may by a
general or special order directed”.
49. Except by order of a Court of Justice, no punishment other than
the punishments specified in the foregoing sections shall be inflicted on
any prisoner, and no punishment shall be inflicted on any prisoner otherwise
than in accordance with the provisions of those sections.
A ward of
punishments
under sections 46
and 47.
*Subs. by Act XVII of 1925, s. 3, for the original exception (3).
† Deleted by Bombay Act XXXIX of 1957 (s. 4).
‡ Ins. by Ac’ XVII of 1925, s. 3.
§ Subs. successively by the A. 0. 1937 and A. 0. 1950 for “Governor-General-in-Council.
¶ Inserted by Bombay Act XXVII of 1953 (s. 5).
** Inserted by Bombay Act XXIII of 1959 (s. 3).
Punishment for
breach of
conditions of
suspension of
sentence, etc.
Punishments to
be in accordance
with foregoing
sections.
686
50. (1) N o punishment *[x x x] or †(x x x) of change of labour under
section 46, clause (2), shall be executed until the prisoner to whom such
punishment has been awarded has been examined by the Medical Of ficer,
who, if he considers the prisoner fit to undergo the punishment, shall certify
accordingly in the appropriate column of the punishment-book prescribed
in Section 12.
(2) If he considers the prisoner unfit to undergo the punishment, he
shall in like manner record his opinion in writing and shall state whether
the prisoner is absolutely unfit for punishment of the kind awarded, or
whether he considers any modification necessary .
(3) In the latter case he shall state what extent of punishment he thinks
the prisoner can undergo without injury to his health.
51. (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 of fence 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 of fence, the
punishment awarded, and the date of infliction.
(2) In the case of every serious prison-offence, the names of the
witnesses proving the offence shall be recorded ‡
(3) Against the entries relating to each punishment the Jailor and
Superintendent shall affix their initials as evidence of the correctness of
the entries.
§51A. If any condition on or subject to which a sentence has been
suspended or remitted or release on parole or furlough is granted is in
the opinion of the authority exercising such power , not fulfilled, such
authority may cancel its order granting such suspension, remission or
release on parole or furlough, and thereupon the person in whose favour
such order was made may , if at lar ge, be arrested by any Police Of ficer
without warrant and remanded to undergo the unexpired portion of his
sentence.
Medical Officer
to certify to
fitness of
prisoner for
punishment.
* Deleted by Bombay Act XXIII of 1559 (s.3).
† Deleted by Bombay Act XXXIX of 1957 (s.4).
‡ The words beginning with the words “and in the case and ending with the words” “reasons
therefor” deleted by Bombay Act, XXXIX of 1957 (s. 4).
§ Inserted by Bombay Act. XXIII of 1959 (s. 3).
Entries in
punishment-
book.
Power to arrest
without warrant
person
committing
breach of
conditions  of
suspension  of
sentence,  etc.
687
*51B. (1) If any prisoner fails without sufficient cause to observe any
of the conditions on or subject to which his sentence was suspended or
remitted, or release on parole or furlough was granted to him, he shall,
on conviction, be punished (such punishment being in addition to any
punishment which such prisoner was undergoing when he committed such
offence) with imprisonment for a term which may extend to two years
or with fine which may extend to one thousand rupees, or with both.
(2) No court shall take congnizance of an offence under this section
except with the previous sanction of the State Government or the authority
which granted suspension or remission of the sentence].
52. 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†
[x x x] of any Magistrate of the’ first class ‡[or Presidency Magistrate]
having jurisdiction, together with a statement of the circumstances, and
such Magistrate shall thereupon inquire into and try the charge so brought
against the prisoner , and, upon conviction, may sentence him to
imprisonment which may extend to one year , such term to be in addition
to any term for which such prisoner was undergoing imprisonment when
he committed such offence, or may sentence him to any of the
punishments enumerated in section 46 :
§ [Provided that any such case may be transferred for inquiry and trial
¶[X X X by a Chief Presidency Magistrate to any other Presidency
Magistrate : and]
Provided also that no person shall be punished twice for the same
offence.
**53. X X X X.
54. (1) Every Jailor or officer of a prison subordinate to him who shall
be guilty of any violation of duty or wilful breach or neglect of any rule
or regulation or lawful order made by competent authority , or who shall
withdraw from the duties of his office without permission, or without having
given previous notice in writing of his intention for the period of two months,
or who shall wilfully overstay any leave granted to him, or who shall
Criminal liability
for breach of
conditions of
suspensions of
sentence etc.
* Inserted by ibid
† The words “ of the District Magistrate or “ deleted by Bombay Act, XXIII of 1951.
‡ Ins by Act, XIII of 1910 s. 2.
§ Subs. by s. 2 ibid for the original proviso.
¶ The words “ by the District Magistrate to any Magistrate of the first class and “deleted
by ibid.
** Deleted by Bombay Act, XXXIX of 1957 (s. 4.)
Procedure on
committed of
heinous offence.
Offences by
prison-
subordinates.
688
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 fine not exceeding two hundred rupees, or to imprisonment
for a period not exceeding three months, or to both.
(2) No person shall under this section be punished twice for the same
offence.
CHAPTER XII
Miscellaneous
55. 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 the same incidents as
if he were actually in prison.
56. Whenever the Superintendent considers it necessary (with reference
either to the State of the prison or the character of the prisoners) for
the safe custody of any prisoners that they should be confined in irons,
he may , subject to such rules and instructions as may be laid down by
the Inspector General with the sanction of the State Government, so
confine them.
57. (1) Prisoners under sentence of transportation may , subject to any
rules made under section* [59], be confined in fetters for the first three
months after admission to prison.
(2) Should the Superintendent consider it necessary , either for the safe
custody of the prisoner himself or for any other reason, that fetters should
be retained on any such prisoner for more than three months, he shall
apply to the Inspector General for sanction to their retention for the period
for which he considers their retention necessary , and the Inspector General
may sanction such retention accordingly .
58. No prisoner shall be put in irons or under mechanical restraint by
the Jailor of his own authority , except in case of ur gent necessity, in which
case notice thereof shall be forthwith given to the Superintendent.
59. †[The State Government may] make rules consistent with this Act—
(1) defining the acts which shall constitute prison offences ;
Extramural
custody , control
and employment
of prisoners.
* Subs. by the A. 0. 1937, for “60”.
† Subs., ibid, for “The Governor-General-in-Council may for any part of British India
and each Local Government with the previous sanction of the Governor-General-in-
Council may for the territories under its administration,”
Confinement in
irons
Confinement of
prisoners under
sentence of
transportation in
irons.
Prisoners not be
ironed by Jailor
except under
necessity .
Power to make
rules.
689
(2) determining the classification of prison offences into serious and
minor offences ;
(3) fixing the punishments admissible under this Act which shall be
awardable for commission of prison offences or classes thereof;
(4) declaring the circumstances in which acts constituting both a prison
offence and an offence under the Indian Penal Code (Act 45 of 1860)
may or may not be dealt with as a prison offence;
*(5) for the award of marks, the suspension, or remission and
consequent shortening of sentences, and the grant of release on parole
or furlough and determining the conditions on which and the authority by
which the sentences may be suspended or remitted and the prisoners may
be released on parole or furlough.
(6) regulating the use of arms against any prisoner or body of prisoners
in the case of an outbreak or attempt to escape ;
(7) defining the circumstances and regulating the conditions under which
prisoners in danger of death may be released;
†(8} for the classification of prisons, and description and construction
of wards, cells and other places of detention;
(9) for the regulation by numbers, length or character of sentences, or
otherwise, of the prisoners to be confined in each class of prisons :
(10) for the Government of prisons and for the appointment of all
officers appointed under this Act;
(11) as to the food, bedding and clothing of criminal prisoners and of
civil prisoners maintained otherwise than at their own cost;
(12) for the employment, instruction and control of convicts within or
without prisons ;
(13) for defining articles the introduction or removal of which into or
out of prisons without due authority is prohibited ;
(14) for classifying and prescribing the forms of labour and regulating
the periods of rest from labour;
(15) for regulating the disposal of the proceeds of the employment of
prisoners ;
(16) for regulating the confinement in fetters of prisoners sentenced to
transportation ;
* Subs. for clause 5 by Bombay Act XXIII of 1959 (s. 3).
† Subs. by the A. O.1937, for original clauses (8) and (9).
690
(17) for the classification and the separation of prisoners;
(18) for regulating the confinement of convicted criminal prisoners under
Section 28 ;
(19) for the preparation and maintenance of history tickets:
(20} for the selection and appointment of prisoners as officers of
prisoners ;
(21; for rewards for good conduct;
(22 for regulating the transfer of prisoners whose term of transportation
or imprisonment is about to expire; subject, however , to the consent of
the State Government of any other State to which a prisoner is to be
transferred ;
(23; for the treatment, transfer and disposal of criminal lunatics of
recovered criminal lunatics confined in prisons;
(24, for regulating the transmission of appeals and petitions from
prisoners and their communications with their friends;
(25,) for the appointment and guidance of visitors of prisons;
(26) for extending any or all of the provisions of this Act and of the
rules thereunder to subsidiary jails or special places of confinement
appointed under Section 541 of the *Code of Criminal Procedure, 1882
(10 of 1882), and to the officers employed, and the prisoners confined,
therein ;
(27) in regard to the admission, custody , employment, dieting, treatment
and release of prisoners; and
(28) generally  for carrying into effect the purposes of this Act.
† 60. [Power of Local Government to make rules.] Omitted by the
Government of India (Adaptation of Indian Laws) Or der, 1937.
61. Copies of rules, under ‡[Section 59] so far as they affect the
Government of prisons, shall be exhibited, both in English and in the §
[regional language] in some place to which all persons employed within
a prison have access.
62. 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 officer as the State Government
may appoint in this behalf either by name or by his official designation.
THE SCHEDULE.—[Enactments Repealed.] Rep. by the Rep

Excerpt shown. Open the full act in Lexace.

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