The SIKKIM PRISIONS ACT,2007

EXTH#.OFiD!N!':;HY
PU8LISH1:':D BY ,o..UTHOBnTV
No, '16/LO/2007
GOVEFll\lMENT OF :;IKKIM
LAW DEPll.RTMENT
[)ate: 16.'10,2007'
NOTIFIC/\TION
The 10110'l"lngAct of the Sikkirn Legislative Assembly having received the assent of the Governor 011 19111clay
September, 2007 is hereby published for general inforrnatiorr-
H'IE SlI'O<:lMPRISONS ACT, 2007
Ukt No. 'jf) of 2007)
i~N
t\CT
to provide for a law regulating the prisons in Sikl~inl.
8$ it enacted by the Legislature of Slkkim in the Fifty-eig~ltil Year of the Reput11ic of India as foliows: -
Ci'll~PTEFI i
Stiort. title, t.
E:xtent and
commencement
Definilions.
(1) This Act may be called tile Sikkim Prisons Act, 2007
(2) It extends to the whole of Sikkirn:
(3) Itshall come into terce on such date as the State Government may, by notification,
in the official gazette appoint.
2, In this ACi, unless the context otherwise requires: -
(a) "civil prisoner" means any prisoner who is not a criminal prisoner;
(b) "Competent authority" means any officer having jurisdiction and legal authority to
deal with 8. particular matter in question;
(c) "convicted criminal prisoner" means any criminal prisoner under sentence of court or
court-martial, and includes ctperson detained in prison under 11-18provision of Code
of Criminal Procedure, 'j 973;
(d) "Califf' includes any officer lawfully exercisinq civil, crimina! or revenue jurisdiction;
(e) "criminal prisoner" means any prisoner duly committed to custody under the writ,
warrant or order 0";any court or authority exercising crimina] jurisdiction. or by order
of a court-martial;
(f) "Central Jail" means any prison in which criminal convicted prisoners are received,
for the purpose of undelgoing their sentences, by transfer from any other jail and in
which such prisoners are not, when committed toprison, in the first instance ordinarily
received;
(g) "Deputy Inspector General or Sr. SuperintencientofPrisons"(hereanerreterrecas
DIG I SI',S,P,) means the Head of the Prison, whoever is appointed by the
Government;

(h) "district jail" means any prison to which prisoners trorn one or more district
are in tile first instance, ordinarily committed and includes every jail other
thanaCentralJailOfaspecialJail;
(i) "detenu" means any person ordered (0 be detained and committed to a
place of detention in the State lJ)1 any authority actinq in exercise of the
powers conferred by such Act in the State:
(j) "habitual oltendcrs" means a person .- WIIOduring any continuous period
of five years whether before or after the commencement of the Act, has
been convicted and sentenced to imprisonment more than twice on account
of the flillovvin£joffences: -
(i) Offence mentioned in Chapter XII of the IPC, 1860 (Act. 45 of 'ISoO)
(ii) Offence punishable under the followin~J section 0'[ the IPC (Act, 45 of
1860)Uh379,380,381,382,384,385,386,387,392,393,394,395,
396,397,398,399,400,402,406,407,409,411,412,413,414,416,
L!'17, L120,421, 423, 436, 468 and 498 (1-\).
(k) "history-ticket" means ticket exhibitin~J such information as is required in
respect of each prisoner by this i~ct or the rules made there under;
(I) "imprisonment" may be of two descriptions - (a) rigorous i.e. with hard
labour and (b) simple without hard labour;
(rn) "Inmates" means any person kept in an institution;
(n) "institution" means a place where offenders are kept;
(0) "Government" means the State Government of Sikkim;
(p) "Jail Manual" means the manual for the Superintendence and rnanaqernent
of Jail in H18State of Sikkirn:
(q) "Medical Officer" means a doctor designated as such and appointed under
this Act;
"offender" means a person who is accused of having committed an offence
punishable under tile law:
(s) "offence" means any act or omission made nurushabte by any law for the
time beinq in force and shall also mean any act or omission contrary to the
provisions of law, which has been made punishable;
"proh'bited article" means an article which cannot be introducecl or removed
into or out of prison under this Act and rules framed thereunder;
(u) "place of detention" means a Jailor ether place in the State in which a
detenu is ordered to be detained;
(1/) "prison" means any jailor place used permanently or temporarily under
the general or special order of State Government for the detention of
prisoners and includes al! lands and buildings appurtenant thereto but does
not include-
(a) any place [01' the confinement of the prisoner who ar(2 exclusively in
the custody of trlGpolice:
(b) any place specially declared by the State Governrnent under section
417of the Code of Criminal Procedure, 1973or .
(c) any place, which has been declared by the State Government by
genera! or special order, to be a subsidiary jail.
(w) "remission" means the rule for U"18time being in force regulating the award
of rnarks to and tile consequent shortening of the sentences of Prisoners
in Jail:
(x) "rules" means a rule framed under this Act;
(y) "Special Jail" means any prison provided for the confinement of a particular
class 01' classes of Prisoners and classified as ::;peciai ,Jai! by the
Government;
(t)

Accommodation 3,
for prisoners.
Deputy Inspector 4,
General or Sr.
SIJ pe ri ntende nt
of Prisons,
Officers
Prisons.
(z) "Superintendent" means the Superintendent of the Prisons as may be appointed by
the State Government on deputation from Police Department.
(aa) "Under Trial Prisoners" means a person who has been committed to prison
custody with pending mvesnqanon or trial by a competent authority;
CHAPTERi!
M,-ClINTENANCEAr\!OOFFICERS OF PRISON
The State Government shall provide, for the prisoners in its territory, accommodation in
prisons constructed and regulated in such manner as to comply with Hie requisitions of
this Act in respect of the separation of prisoners or may set up such other prisons at such
place as it may consider expedient and may in cases set up temporary or special prison,
The State Government shall appoint Deputy Inspector General or Sr. Superintendent of
Prisons as a head of tile Prison to exercise, subject to the orders of the State Government,
the general control and superintendence of all prisons in the State,
of 5, For every prison them shall be a Superintendent, a Medical Officer, a Jailer and such
other officers as may be appointed by the Government from time to time
T e In P 0 r a r y 6,
accommodation
for prisoners.
Contr,.ol and 7,
duties of prison
officers,
Officer not to 8,
have business
dealings with
prisoners,
Oft1iGers not to l10 9,
interested in
prison contracts.
Duties or 10, (1)
Superintendent.
The State Government shall make provision tor the shelter and sate custody in temporary
prisons of as many prisoners as it deems fit, who cannot be conveniently or safety kept
in the existinq Prisons,
CHAPTER III
DUTIES OF OFFICEF~S
GENEF1Al
(I) The Deputy Inspector General or Sr. Superintendent of Prisons shall carry out all
the instruction and direction of the State Government as may be issued from time to
time and all officer subordinate to him shall perform all such duties as may be
imposed on them, No officer or stafi of prison shall do or commit any acts of omission
or commission that will give undue and illegal benefit to a prisoner and also to the
officer or staff,
(2) All officers of a prison shall ObF3Y the directions of the Deputy inspector General or
Sr. Superintendent of Prisons; all officers subordinate to the Jailer shall perform
such duties as may be imposed on them by the Jailer with tile sanction of the
Superintendent.
1\10officers of a prison shall sell or let an)' person employed by him sell 01'derive any
benefit from sellinq or lettin~J, any article to any prisoner or have any money or other
business cJealings, directtv 01'indirectly, with any prisoner.
No officers of a prison shall, nor any person employed by him, have any interest, direct or
indirect, in any contract, for the supply of tile prison; nor shall ho derive any benefit,
directly or indirectly, from the sale or purchase of any article 011behalf of the prison or
belonging to a prisoner,
SUPERINTENDENT
(2)
Subject to the orders of the Depuiy Inspector General / Sr. Superintendent of Prisons,
the Sup81"intendent shall mall ago the prison in all matters reiating to discipline, labour,
expenditure, punishmentandcontro..
Subjecttosuch generalorspecialdirectionsas may begiven bytheState
Government, the Superintendent of a prison shall obey all orders not inconsistent
3

f-iecords to be 11.
kept by
Superintendent
with this Act or any rule and shall report to the Deputy Inspector General/Sr.
Superintendent of Prisons all SUCII orders and the action taken there on.
The Superintendent shall keep, or cause to be kept, the following records:
(i) aregisterofprisonersadmitted;
(ii) a book showinq when each prisoner is to be released:
(iii) a punishment book for tile entry of the punishments inflicted on prisoners for a
prison offences:
(iv) a visitor's book tor the entry of any observation made by the visitors touching any
matters connected with tile administration of the prison:
(v) a record of the money and other articles taken from prisoners and all such other
records as may be prescnbeo by rules.
MEDICAL OFFICER
lViedic;aIOfficer's 1~~. Subject to the control of the Superintendent, the Medical Officer shall have charge of the
Duties, sanitary administration of the prison and shall perform such duties 3S may be directed by
the Superintendent or as may be prescribed by rules.
lViedicai Offb::I' to '13
report in certain
cases.
Fieport on death 14.
of prisoner.
.Jaiter and his re-15
sponsibtlitles.
Jailer to givQ 16.
notice of death of
prisoner.
Whenever the lViedical Officer has reason to believe that the mind of a prisoner is, or is
likely to be, injuriously affected by the discipline or ireatment to which he is subjectecl,
the lViedical Officer shall report tile case in writing to the Superintendent, toqether witil
such observations as he may think proper. This report, with the orders of the Superintendent
thereon, shall forthwith be sent to the Deputy lnspector General or Sr. Superintendent of
Prisons for information.
On triP death of any prisoner, the Meclical Otticer shall torthwith record in a register the
following particulars, so far as they can hE~ascertained. namely: -
(i) tl18 (jay on which the deceased first complained of illness or was observed 10 t:Jeill;
(ii) tile day 011which he was admitted to hospital:
(iii) \lie day on which tt.e Medical Officer was informed of the illness;
(iv) the nature of the disease;
(II) when tilGdeceased was last S08n before his death by the MeLiical Officer;
(vi) when the prisoner died, and
(vii) in case where a post mortem examination is made on account of the appearances
after death, together with any special remarks that appear to !t'18Medical Otficer to
be required.
JAILE!~S sSUBORDINATE OFFICEF1S
The Jailer shall reside in the prison unless the Superintendent permits hirn in writing to
reside elsewhere. The Jailer shall not leave the prison for a niqht without the permission
in ",,,riling from the Superintencient, but ·ifhe has unavoidable circumstances 10 leave the
prison for a niqht, he shall take permission trorn the Superintendent. The J<:,iIEd'Sri,}!!
directly ne responsible for me safe custody of trie records: commitment warrants and ail
other documents entrusted to him including money and other articles taken from p:i~;c-nE;·rs.
Upon the death of a prisoner, tt1G Jauer shall give imrnediate information tnereot [0 tho
Superintendent and Medical Officer and to the District Magistrate, The District Magistrate
on receipt of such lntorrnation shall nolo inquest or cause to hold inquest and if on
preliminary inquest has raised suspicion ot some foul play, a videographed post mortem
examination shall be conducted. The information of such death shall 1)8 communicated
to the National Human Rights Commission within twenty-four hours. Trle Jailer shall
collect the relevant documents from the District Magistrate and shall submit to the prison
authority without delay.
4-

Duties of Sub- 17, Subject to tile orders of tile Superintendent, the Sub-Jailer/Assistant Sub-Jailer shall
.Iailer / Assistant be competent to perform any duties of a Jailer under this Act or rules made there under,
Sub·,Jailer,
The officer actinq as gate-keeper, or any other officer of the prison, may examine anything
carried in 01' out of the prison, and may stop and search or cause to be searched any
person suspected of tlrin9ing any prohibited article into or out of the prison, or carrying out
any property t)e!oll~Jingto the prison. and, if any SUCllarticle or property is found, shall
immediately brin~Jit to the notice of tile .Iailer or any superior Olticer present in the
Prison.
Duties of Gate 18,
Keeper.
Sub 0 r dill ate 19,
officers not to be
absent without
leave.
Officers subordinate to the Jailer shall not bo absent from Ihe prison without leave from
the Superintendent 01' trorn lhe .Iailer.
Prisoners 20, Prisoners who have been appointed as ln-charce of the Barracks or cells shall be deemed
appointed as In - to be public servant within the meaning of section 21 of the Indian Penal Code. i 860 (45 of
c h ar o e of 1860),
8arr3cks rind
cells to be public
servants,
(3)
CHAPTER IV
ADMISSiON, REMOVAL 1\1\!DDISCHARGE OF PRISONERS
vvhenever a orisoner is admitted into prison. he shall be searched, and all weapons
and prohibited articles Sh811be taken from him,
Every criminal prisoner shall also, as soon as possible after admission.be examined
uncle, the gerH~I'8101- special orders 01the IVledic:alOffice I', who shall enler or cause
10 be entered in a book. to be kept by tho .Jailer, a record of the stole of prisoner's
health, and of any wounds 01' marks on his person, the class of labour he is fit for if
sentenced to riqorous imprisonment, and any observation which tile)IVieclical(Ji'!ic()r
think:; fit to acid,
In the case of female prisoners the search and examination shall be carried out by
the Female .JailWarder and in absence of Female Jail Wal'cler any female on the
special orders of tile Officer' Oil Duty,
['40prisoners shall Lieadmitted or releasee!between sunset and sunrise except those
prisoners who have been taken to courts,
Prisoners to be 21, (1)
exarnine d on
admission. (2)
Effects 0'1
prisoners.
f~emoval and
discharqe of
prisoners.
~~epat'ation 01
prisoners.
(4)
22, All money or other anicles ill 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 lise, shall be placed in the custocJy01the Jailer,
23, (1) /)111prisoners. prior to removal to any other prison, Sfl",11be examined by tile Medical
Officer,
(2) [\)0 prisonershall be removed from one prison to anotherunless the Medica! Office!'
certifies that the prisoner is fr88 trorn any illn(?ssrenderillrJ him unlit fur removal,
CI1APTHl \f
DISCIPUf\IE OF PRISONEF1
24 The requisition of this Act with respect to the separation of prisoners are as follows: -
(i) ina prison containing female as well as male prisoner, the females shall be imprisoned
in separate buildinQ. 01' separate parts of the same building, ill such manner as to
prevent their seeing, or conversing 01'holding any intercourse with, the male prisoner:
(ii) in a prison where male prisoners under tlie age of eiqhteen are confined, shall be
5

separated from other prisoners and those who have already arrived at the age ot
puberty shall also be separated from those who have not attained puberty.
(iii) un-convictedCl'inlinalprisonersshallbekeptaparttrorn convicted criminal prisoners;
ancl
(iv) civil prisoners S[13111)13kept apart from criminal prisoners.
I\S(~Oci3ti0i1 and 25, Subject to the requirement of \tIe fOf'egoing section, convicted criminal prisoners lTIai!
segregation of be contineo eitner in the association Oi'individually incells or partly in one way 8nc!partly
prisoners. ill the other,
~301it·1.\"Y
r.:oi'!fi'~e:n\r:;nt.
26 hio cell shall be used for solitary confinement unless it is furnished with lrle means of
(Jilabling the prisoner to ccrnmunicat« at 8.I'IY time with an officer of the prison, and every
prisoner so confined in a cell fOl' more Ulan twenty tour hours, whether as a punishment or
otherwise, shall be visited at least once 2 day by a Meclical Officer,
Prisoners under 27 (1)
sentence of
death.
IViL1intenaiice or 28
certain prisoners
irom pr lv ate
sources.
(2)
Every prisoner under sentence of death shall immediately 011his arrival in the prison
be searched by, or by order of, tile Jailer and all articles shall be taken from him,
which the Jailer deems it dangerous 01' inexpecient to leave in his possession,
Every such prisoner shall be confined in a cell away from all other prisoners, and
shall be placed under the charge of a guard by day and by night.
CHAPTER VI
FOOD, CLOT~-i!NG ,Cl,NOSEDD!f\IG FOR
CIVIL I~NO UNCOI\lVICTI::D CRlrJHNAL. PRISONEri
A civil prisoner or an un-convicted criminal prisoner shall be permitted to maintain hirnselt,
and to purchase, or receive from private SOurCE!S at proper hours, 100c1, clolt'ling, beddinq
or other necessaries, but subject to examination and such other rules as may be prescr:t.l~cj
by the Deputy lnspector General / Sr. Superintendent of Prisons. However in case of
convicted criminal prisoners thu prison authorities Sl1811provide adequate ciotl,ir,g incIUtj![1~J
uniforms and tJflcidill~1~;prescribed under this act or rule framed thereunder.
r~esir~Gtion on
transfer of 'i'ood
and clothing
between certain
prisoners.
29 No part oj 3I'iY toed, clothing, bedc:in~) or other necessaries b()lorr~ing to an)' ci\!iI or
unconvictoc criminal prisoner shall be hired, or sale! to any other prisoner; and any priS0l181
transgressing the provisions of this section shall lose the privileqe of purchasrnc iood or
receiving it from private sources, for such tirno as the Superintendent consider appropriate.
Supply of 30, (1)
clothing and
bedding to civil
and unconvlctad (2)
criminal
prisoner, -
Every civil prisoner and un-convicted criminal prisoner unable to provide himself
with sufficient clothing anc! bedding shall be supplied by the Superintendent with
suchclothinq and bedding as may be necessary.
When any civil prisoner has been committed to prison in execution of a decree in
favour of a private person, SUCll person, or [lis representatives, snau, witrun Iorty ..
eighthour~:; afterthe receiptbynirnof demand ill writing, pay to the Supl::'-l'intE:r!dent
the cost Gfthe clothinq and bedding so supplied to the prisoner; and in detault 01
such payment tile prisoner may be released,
CHAPTEI~( V!!
[-:!\J1PLOYMENTOF PF~ISONEF~::~
Employmentof 31. NoCivilamiunder-trial prisoners shall be employed on labour but those c!esirillQ to work
civil and under- may be employed wi1l1tne permission 01the Superintendent.
trial prisoners.

Employment of 32. (1) No criminal prisoners sentenced to rigorous imprisonment at his own desire shall,
criminal except on 311emergency with the sanction in writing of the Superintendent, be kept
prisoners. tolabour for more than nine hours inaday.
(2) The Medical OffbH from lillie to time examine the laboring prisoners while they are
ernployart, andshallatleastonceineveryIortnlqht cause to be recorded in the
history-tickets the weight of such prisoner employeel on labour.
(3) When the Medical Otficer is of tho opinion that the health of the prisoner does noi
allow him / her for employment of any kind or class of labour, such prisoner shall not
be employed on that labour- but shall be placed on SUCll other kino or class of labour
as the Medical Officer m8Y consider suitable for him.
Employment of 33. The Superintendent. mall employ all criminal prisoners sentenced to simple imprisonment
crimina! Oil labour work but not as punishment for negligent work.
prisoners
sentenced to
simple
imprisonment.
CHf.\PTER VII!
HEALTH OF PRiSONEr~s
Medical Care Unit 34. In every prison them shall be a Medical Care Unit or a proper place tor reception of sick
prisoners.
Sic!~ PI·i,soners.
Record of
directions of
fl/iedicalOfficer.
\i is its to clvi I
and under-tria! I
convicted.
prisoners.
35, (1) The names of prisoners desirlnu to see Meclical Officer or appoarinq out oi health in
minr: or body shall, without cielay, be reported by tile officer in immeciate cnarqe of
such prisoners to the Jailer.
(2) The Jailer shall, without delay, ca!1the attention of the Medical Officer to any prisoners
desiring to see him, or who is ill or whose state of mind O!' body appears to require
attention and shall carry into effect all written directions r)iven by the Medical Officer
respecting alteration of the discipline or'treatment of any such prisoner.
36. All directions given by the Medical Officer 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 [lis superintendence, shall be entered
clay bv day into the prisoner's history-ticket or in SUCll other records as the Government
may, by rule direct, and the .Jailer shall make an entry in its proper place stating in respect
of each direction tile tact of its havinp been or not having complied with, accompanied by
such observations, as the Jailer thinks fit to make with the date & time of tile entry.
CHf.\PTER IX
VISiTS TO F'RISOI\~EF~S
37. Due provision sllall be made lor the admission, at proper times and under proper restrictions,
into every prison orpersons with WhO:Tlcivil or un-convicted crimina! / convicted 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 qualilied legal advisors without
the preSr')nCt~ of any other person.
Search of visitor. 38. ("1) The Jailer may dernand the narne and address of any visitor to a prisoner, and,
when the .lailer has any ground for suspicion, may search any visitor, or cause 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 Jailer may
deny admission; and the ground of such proceedings, with the particutars thereof,
shall be entered in such record as the Government may direct.
/"

tie8S()m; ~md
Circumstances
for Transfer.
F~emova! of
prisoners from
one ~~ta(e to
another,
ernergency
basis,
IVie~:'jsurcs to
prevent c;nd
control
(~mergency
situation.
lrnoortance of
Education tor
prisoners.
CHt\PTEF! X
T~iAi'JSFER OF PRISON1.~RS
:'~9 PrisonersrnavbetransferredfromoneprisontoanotherforthefolloWlrl9reasons:"
(i) for custody and treatment in a suitable institution in accordance with H1eclassification
procedure,
(ii) for attendance ill court for the purpose of standing trial or giving evidence,
(iii) on medical grounds,
(iv) on humanitarian grounds, ill the interest of their rehabilitation.
(v) for post release vigilance by the police,
(vi) for providinq essential services,
(vii) on qrounds of security, expediency,
(viii) to be nearer to his / her horne district,
(I>:) for other spacial reasons,
40, Where any person is confined in a prison in a State: "
a, under sentence of death: or
b. under or in lieu of a sentence of imprisonment or transportation; or
c, in default of payment of fine; or
(I. in default of 9iving security for keeping the peace; or
e, for rnaintaininq gooli behavior;
The Government of the State, with the consent of tile Governrnent of any other state, by
order, provide for the removal oi the prisoner from that prison to any prison ill the other
Stat(3S under ti'!is llct or rule !TJaouthereunder.
41, (1) The following situation shall be handled as emergencies namely: "
(i) escape from prison;
(ii) outbreak;
(iii) riot;
(iv) strike:
(v) hunqer strike (individual or mass);
(vi) assault;
(vii) suicide;
(viii) fire;
(ix) epidemic;
(x) earthquake
(xi) terrorist attack
42 Ii Sll811be ihE! responsibilirv of the Superintendent or any officer present to take sufficient
measures tor pre\!t?!I'1tingand controlling erneroency situations, These measures sllaU include
811such necessary and immediate actions 2S per !tie naod of trle situation under this /\C{ or
rulemademereuncer.
CH!WTER )(I!
EDUC/.\T!C)N OF PRISOI\I1::BS
43, (1) Education is vital for the overall development of prisoners, Through education their
outlook, habits and total perspective of life can be changed, Education of prisoners
benefitsthe society as wellas it leadsto their rehabititauonand self-sutticiency.
Education reduces the tendency to crime, This would mean less crime, fewer vie
tirns, fewer prisoners, more socially productive people, and less expenditure on
criminal justice and law enforcement.

Objective
behind
educational
programme.
Vocational
training and
work
programmes.
(2) Life in prison is extremely monotonous. routinised and regimented. The education
activities offer opportunity to a prisoner to remove from his mind depressing thoughts
leading to relaxation and joy, Reality must be accepted that to confine offenders
behindwalls,withouttryingtoch3Il(W themthrouqhcducation and other activities.
is an expensive foll~1
44. The objectives behind educational programmes in prisons should be to charmelise
prisoners' energies into constructive ami creative pursuits, instilling in them a sense of
confidence, developing amongst them social responsibility and consciousness, fostering
arnonqst them habits and attitudes necessary for adjusting in the community, creating amongst
\118m all awareness of the futiiity of le8ding a criminal lite::and uplifting them morallv, menially
and socially. A comprehensive educational programme shall tie flamed inaccordanceto \t,e
rcqui rernent as cie,"mecj necessary under this Act or rule made thereunder.
CHAPTE.H xru
VOCATION/>.L TFiAIi\JI I\lG AND PAOGF!AfV\IVIES
45. (1) Vocational tralnlnq and work programmes should be treated as essential features of
the correctional programmesforthepurposeof: -
(i) irnpartinq discipline and work culture among inmates.
(ii) developing right attitudes towards work ane! dignity of labour.
(iii) promoting:-
(8) physical and mental well-being ofinmates,
(b) proper development of mind through intelligent manual labour.
(c) spirit of fellowship and a cooperative way of living, and
(d) a sense of group adjustment.
(iv) devolopinq capacity tor sustained hard work.
(v) building habits of concentration, steadiness, regularity and exactness of work,
(vi) irnpartinq and improving work-skills,
(vii) awakeninq tilt,"self-confidence and self-reliance of inmates.
(viii) trc\ininD and proparinq inmates for achlevinq lasting social readjustment and
rehabllitation ,
(ix) imparting all occupational status and thus creating a sense of economic security
among inmates.
(x) keeping inmates usefully employed in meaninqlul and productive work,
(xi) preventing idteness. indiscipline and disorder amongst them,
(xii) maintaining a good level of morale amongst thorn and thus promoting a S81lSe of
self-as well as institutional discipline among them.
(2) For the purpose to achieve this objective a clear policy for the work programmes and
vocational training of prisoners shall be framed under this Act or rule made thereunder.
CHAPTER xrv
LE,{\.VE .tl.NOSPECifJ.L LEIWE
l3e.nefit (Jf l.eave. 46. l.eave and special leave to inmates me progressive measures of correctional services.
TI'I8 release of a prisoner on lealj(~ not only S8VE!S him from the evils of incarceration but
also enables nirn to maintain social relations wrtn rus family and community. It also helps
him maintain and develop a sense of Self-confidence. Continued contacts with family and
community sustain in him a hope for life,
Objective. 47. The objectives of relpasin9 a prisoner on leave are: -
(i) to enable the inmate to maintain continuity with his family life and deal with family
matters,
(ii) tosavehimfromtheevileffectsofcontinuousprisonlife,
(iii) to enable him to maintain and develop his salf-confidence
(iv) to enable him to develop constructive hope and active interest in life.
9

Special Leave.
t\dvantsgeS of
good conduct.
Prison
administration
tor female
offenders
48. (1) Special leave may be granted to <1prisoner in special situations such 3S: -
(i) deatil or serious illness of father' / mother / brother / sister / spouse / children.
(ii) marriaqe of brother I sister / children.
(2) The period spent on leavewillbecountedassentenceserved,whilematspenton
special leave will not count 8S such. The period spent all special leave will be
treated 3S 'OLItdays' or sentence suspended for all purpose.
(3) The manner and procedure, by which, leave or special leave are granted, the category
of prisoners eligible tor such leave or special leave and the stipulated conditions
thereof shall be in a manner prescribed under this Act or rule made thereunder
CHAPTER XV
PRE1\M\TURE FiELE!-\SE
49 The primary objective undertinq premature release is relorrnation of offenders and their
rehabilitation and integration into the society, while at the same time ensurinq the protection
of society from criminal activities. These two aspects are closely interlinked. Incidental
to the same is the conduct, behaviour and performance of prisoners while in prison.
These have a bearing on their rehabilitative potential and tne possibility of their' bein9
released by virtue of remission earned by them, or by an order granting them premature
rl~lease.Tile most important consideration tor pre-mature release of prisoners is that they
have become harmless and useful member of a civilized society. For tile purpose of
recornrnendinq the pre-mature release of prisoner a Sentence Review Board should be
constituted to advise the Government for release of prisoner and the procedure thereof in
a prescribed rnanner under this Act or rule made thereunder
CH/;'P'fEn XVI
50 The prison administration shalt keep the female offender in a strictly secluded female
enclosure.
Classification 51. Women prisoners shall be classified and kept separately as under, namely: -:
and separation. (i) under-trial prisoners shall be kept completely separated from convictecl offenders,
even when their number is small;
(ii) habitual prisoners shall be kept separately;
(iii) prostitutes and brothel keepers must also be confined separately;
i-'iestriction on
women
prisoners.
Exclusion of
Males.
i\lotes: -
(i) no criminal, or non-criminal, lunatic will be kept in the prison;
(ii) no classification of prtsoners shan be allowed 011 groull(ls of soclo-economtc status,
caste or class;
52 (1) No female prisoner shall, on any pretext, leave or be removed from tile female
enclosure except for release. transfer, or attendance at court, or under the order of
the superintendent for other legitimate purpose.
(;~) I:very female prisoner authorized to leave 118renclosure will ordinarily be accompanied
by a female warder trorn the time she leaves till she returns
53 (1) No male shall be permitted to enter the female ward of any prison, at any time,
unlesshe hasalegitimatedutytoattend therein. No adult male shall enter it at all
by night except ill an emergency, and even then only alonq with the female warder.
He shan thereafter record a clear report of his visit with the reasons for such visit,
and the hour thereof. inhisreport book.
11)

Locks of Female 54
Enclosures
Custody of
Female
f':'nclosme
Search of
Women
Prisoners on
t),dmission.
Pregnancy,
Chi~d t3ii'thin
Pdson
(2) Male warders and other male staff, acting as escort to lady visitor and officials,
shall remain outside the enclosure.
(3) If at any time a male prison officer or warder enters, or of attempts to enter, any
ward or portion of a prison reserved for female prisoners, without proper authority,
itshall bo reportedto theSuoorintsndsntforthwith
The locks of enclosure and barracks; where women are confined shall, be ditlerent from
those in use in other' parts of the prisons, so that there is no possibility of keys for locks
of other enclosures being misuseo for opening enclosures tor women prisoners.
55. There shall be round the clock duty of female warders in tile lerna!e enclosures.
56 Women prisoner shall be searched by female warder with due regards to consideration
of privacy and decency.
57 When a women prisoner is found, or suspected, to be pregnant at tile time of admission
or later, the Medical Officer shall report the fact to the Superintendent Arranqernents
S11811be made at the earliest to get her medically examined at the Government Hospital
for ascertaining the state of her health, preqnancy. duration of preonancy and the prob-
able date of delivorv. After ascertaining all necessary particulars, a cJetailed report shall
be sent to tile Deputy Inspector (30nel'311 Sr. Superintendent of Prisons.
58. (1) !\s far-as possible arranqements for temporary release will be made to enable a
prisoner to deliver chilo outside the prison.
(.2) Births in prison shall L18 reqistereo at the local birth registration ofrice.
/~.Iimoney. jew(-olleI'Y, and articles of clothing, received witl: or found Oil ihe person of a
woman prisoner on her admission to the prison, or sent subsequently bv t:lGpolice, or
rsndared byher relatives or Iriends on her behalt prior to her release, 511211be receivecl
and taken over by the ,Jailer or other' officer' on duty. A list of all such articles shal! be
entereo in the Admission Register and in the convict's warrant and read over to the
convict in tho presence of the Jailer who shall countersign the entries in t!'18register' and
in the warrant. Method of storing the prisoner's money or valuables, shall be according 10
the generai rules laid down in the Prison Manual.
Propel'ty 0'( 59.
jpjornml Pd~;onel".
Children of GO. (1) A child up to six years of age Sf1311be adrnitteo to prison with his mother if no other
Women Prisoner arrangements. tor keeping him with relatives 01' otherwise, can be made. Children
horn in prison may remain witil their mother upio six years of age, if they cannot
otherwise be suitably placed. The Medical Officf;r shall determine Irre 39[:; of chil -
dron not born in prison for the purpose of this provision.
(;!) No child shall be admitted into or retained in prison il'118 has attained the age] of six
vears. The Superinlen(,j'2n( 511311inform the Director'ale of Social VV,?lfare about all
children of that a\J8 for placinq them ill a horne run by the Social Wslfme Depart-
ment.
(3) Children kept under protective custody in a home of the Department of Social IIVel-
fare shall be allowed to meet their mother at least once a week.
This apart, any quidetine required on tile subject shall be framed under this Act or rule made
thereunder.
11

Constitution of
Board.
F'.;)n:}ItVfo!' 62.
frltrod~J(:tr1H or
removal of
prohibited
articles lnto or
from prison and
communicate
with prisoners.
Power to arrest 63
k~I' oH("::ilce: un del'
Pubiication Of 64
penalties
CHAPTER XV[!
BOAFm OF VISITORS
61 ("I) The State Government shall, by notification, constitute a Boardof Visitors at
District I..evelandalsoSt8teAdvisorvBoard comprisingof Officialand1\lon-0f1ici81
members to monitor correctional work in prison, sug~jesting new avenues leading to
the Improvement in the correctional work, going into individual or collective qriev-
ances of prisoners and providing redressal in consultation with the prison authorities
(2) For this purpose a rule sl1<:tilbe framed in a prescribed manner under U'lis Act.
CHf.WTE~~XVI1i
OFFENCES iN F1EU\.Tl0N 'CO PH1S0NS
WI-ioev",r, contrary to any rule introduces or removes or attempts by any means whatever
to introduco 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, knowinqly 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 SUCil rule, communi
cates or attempts to communicate with any prisoner, and whoever abets any offence
made punishable by this section, shall all conviction before a Magistrate, be liable to
imprisonment for a term not excesdinq six months, or fine not exceeding five hundred
rupees, 01' with both.
When any person in tile presence of any officer of a prison, commits any offence spsci-
fiecJin the fOiegoing section, and refuses on demand of such officer to state his name and
residence, or Qiv~:s a name or residence wruch such officer knows, .or has reason to
beiitNe, to ~)efalse. SUCll olticor may arrest him, and shall without unnecessary delay
make 111mOWi (0 a Police Officer, and thereupon suer] Police Officer Sl,211proceed as if
the ottenc« had been committed in hispresence,
Tr'18Superintendent shall cause to be affixed ill a conspicuous place outside the prison,
a notice in English and the Vernacular settino forth tile acts prohibited under section 65
and the penalties incurred by their commission.
CH/.l,PTEn XIX
PRISON OFFENCES.
Prison Off(~nces, 65. (1) TI18 disctpllne in Prisons has to be maintained with fairness and firmness. It has to
cover every aspect of life in the prisons. Apunishment for indiscipline has to be
balanced in relation to tile gravity of the violation. />,positive approach towards
prison discipline involves not only a strict adherence to rules and regulations but
also a fair, just and equitable handling of prisoners on the part of U'lO stair.
(2) ,<\her their admission, all prisoners should be informed ot their rights, duties ano
disciplinary requirements in the prisons, in a language understandable to them This
aspect ilia}! be drsprayeo on 2. board accessible to prisoners.
(3) The following acts are declared to be prison offences when committed by a prisoner,
namely:- .
(i) endangering the security and custody of a prison ill any way, by a willful or negligent
act and shall include tampering in anyway with prison walls, building, bars, rocks
ami keys, lamps or lights or with any other security and custody measures;
(ii) doin9 any act calculated to create unnecessary alarm in tile minds of other prisoners;
(iii) doinQ 01' omitting to any act with intent to cause to oneself any illness. injury or
disability:
(iv) omittinq to report the cornrnisslon of ally prison ottence:
(v) tll'eakinglaw andorderanddiscipline;
(vi) planninq, instigating, abetting, directly or indirectly, in the commission of any prison
offence;
12

(vii) refusing, omitting or conniving to abieJe by standards of behavior, rule": and
regulations and lawful instructions and orders;
(viii) failin~J to assist in the maintenance of prison discipline;
(ix) failing to give assistance 10a prison official whsn calied to do so;
(x) making false, malicious and oroundless: written or verbal complaint against prison
officials;
(xi) committing nuisance or mischief of any kind;
(xii) quarrellinq witl1 other prisoners;
(xiii) srnokinq;
(xlv) Elttackinq, assaultinq and causinq injuries to Ot!18I-S;
(x\/) participaiinq in a riot or mutiny. abettinq another prisoner to do n-185<lITle;
(xvi) escaping or at1F:mptinD to escape trorn prison or le~~alcustody 01' faili;lq to
i'8P01110 prison officials about attempted escapes;
(xviijpossessmq, hiding, smLl~Jgling or atternptinq to smuggle, obtaining, giving or
receiving or bartering contraband articles, failing to report to prison officials
about contraband articles;
(xviii) steal inn / damaging / destroying Idisfiquring I misappropriating any Government
property 01' another prisoners' articles ami property;
(xix) failing to report at once any loss, breakage or injury which the prisoner may accidentally
have caused, to prison property or implements; ,
(xx) tampering with or defacing identity cards, records or documents;
(xxi) breach of the conditions of leave and emergency release;
(xxii) refusing to eat food or going on hunger strike;
(xxiii) eating or apportioning any food not assigned to him or taking from or adding to the
portions assigned to another prisoner;
(xxiv) willfully or negligently destroying or spoiling fooe! or throwing it away without orders:
(xxv) introducing into food or drink any tiling like!y to render it unpalatable;
(xxvi) unauthorized cooking;
(xxvii) vio!;:rting rules and regulations framed for the systernatic running of the canteen:
(xxviii) bal'\c::rinq canteen articles:
(xxix) [\eing irile, careless or neglioent at work, retuslnq to wOI-k" malinqerinq, oisturblno
other prisoners at work or 11'1 barracks;
(xxx) manutacturlnq any article without the knowledge or permission of a prison officer;
(xxxi) pertorrninq ally portion of tl18task allotted to another' prisoner or obtaining unauthortzed
assistance 01another prisoner in the performance of one's own task;
(xxxii) apportioninq to any prisoner any pan of the task to be performed by him / her;
(xxxiii) mixing 01'adcling a toreiqn substances to the materials issued for work;
(xxxiv) willfully disabtinq hirnselt from labour;
(xxxv) converting or atternptinqto convert, a prisoner to a different relioious faith;
(xxxvi) willfully hurtinp other's reliqious feeling, beliefs and faiths;
(xxxvii) aqitatinq or acting on the basis of caste or religious prejudices,
(xxxviii) having any communication, in writing or by word or by signs, without permission,
with 81'1youtsider, an under-trial prisoner, detenus, civil prisoner and approvers:
(xxxix) sendinq messaqes surreptitiously by writing or verballv:
(xl) participating in or orqanizinn unauthorized activities like gambling and iJetting;
(xli) using inciecent abusive, insolent, threatenino or improper iar19u2:;)8, br:!ing
disrespecttul, making inciecent 01- VUlgar acts Oi' gesturos:
(;'dii) soiling Oi i)efcLilin~J any place or article;
(,;liii) loi181'in9 or lillqering, lealling the appointeoarea or work ..group without permission;
(x!iv) hilin9 to 2155is! or preventinq another person from assistlno prison otticials in
suppressmq violence, assault, riot, mutiny, attack, gross personal violonce or any
other ernerqencies;
Pun is IiIII e nt of 66 (I) No officer other than the Superintendent may examine any person committing SUCrl
such offences. offence, and determine thereupon, and punish such offenceby:..
(i) a formal warning: ..
13

rv'ledici:ll Officer
to CerWy the
fitness of
prisoner tor
punishment.
Entries in
~'unis,hmEint
Explanation: - a formal warninq sflall mean a warning personally addressed to <1
prisoner by the Superintendent and recorded in the punishment book and or11118
prisoner'shistory-ticket;
(ii) change orlabour to some more irksome or ~;evor-e formtOI- such periodas maybG
prescribed by rules made by \1-1(:;State Government from time to time;
(iii) hard labour tor a period not e:<ceeding seven days in the case orconvicted crirnmal
prisoners not sentenced to riqorous irnnrisonment:
(iv) such loss of privileges admrsslble under tile remission system for the time beinu in
force as may be prescribec by rules made by the State Government Irorn time to
tirne;
(v) separate confinement tor any period not exceeding three months or as specifiecJ b)'
the authorized authority.
Explanation: separate confinement means SUCll confinement with or without 13tJOur and
seciudos a prisoner rrom cornrnunication with, but not from sight of, other prisoner. and aliows
him not less than one hour's exercise per di81i1 and to have his meals ill association with one
or more other prisoners:
(vi) Penal diet- that is restriction of diet in such manner o~ncisubject to such conditions
reg::miing labour as may IJe determined by the Deputy inspector Genel'al! Sr.
Superintendent of Prisons:
Provided that such restriction of diet shall in no case be applied to a prisoner for more than
Forry-eioht consecutive hours, and sha!1 not be repeated except for a tresh offence nor
untii alter all interval of one week;
(2) 1\10prisoner may be punished unless he has been informed of the offence alleged
against him and given proper opportunity of presentinq his defense. The competent
authority may conduct an inquiry into the case. No prisoner may be punished except
in accordance with the terms of laws or :-egulatiorls.
(3) I\Joprisoner shall be punished twice for the same offence provided that any security
rT18<3SU(<:',(separate confinement) taken tor the Sellecustody of a refractory and
dangeroLis prison HI'(}I' for preventinq him! rom cornmiuinq mischief or-:;toppage· of
privilsqes which ,.Heotherwise admissible to well benaved prisoners only, may 1101be
construed as prison punishment for this purpose
(6,) The punishment of confinement or-filtigu0 work may not be implemented unless the
M",,(iical Officer has examined the prisoner and certified in writir-IQ that he/she is tit to
sustain it. The same rules may apply to an)! other punishment ttlat may tJe prejudicial
to the physical or mental health of a prisoner,
67 (1) No punishrnent o

Excerpt shown. Open the full act in Lexace.

‹ Prev All Sikkim acts Next ›