LexThe West Bengal Correctional Services Act, 1992
West Bengal · state statute
Open in Lexace · Ask the AI about this actWest Bengal Act XXXII of 1992 THE WEST BENGAL CORRECTIONAL SERVICES ACT, 1992. [Passed by the West Bengal Legislature.] [Assent of the President of India was first published in the Calcutta Gazette, Extraordinary, of the 13th June, 1997.] [13th June, 1997.] An Act to amend and consolidate the law relating to prisons and persons detained therein in West Bengal. WHEREAS it is expedient to amend and consolidate the law relating to prisons and persons detained therein in West Bengal and to provide for matters connected therewith or incidental thereto; It is hereby enacted in the Forty-third Year of the Republic of India, by the Legislature of West Bengal, as follows:— CHAPTER I Preliminary 1. (1) This Act may be called the West Bengal Correctional Services Act, 1992. (2) It extends to the whole of West Bengal. (3) It shall come into force on such date as the State Government may by notification appoint, and different dates may be appointed for different provisions of this Act. 2. In this Act, unless the context otherwise requires,— (a) "after-care service" means the activity aimed at financial rehabilitation of released prisoners as normal and good citizens; (b) "confinement" means confinement in a correctional home, and includes detention therein under any law providing for preventive detention; (c) "correctional home" means any place used permanently or temporarily under the orders of the State Government for detention of persons, whether under-trial or convicted, in accordance with any order for confinement under any law providing for preventive detention or any other law for the time being in force, but does not include a place for confinement of a person under the custody of the police; (d) "correctional services" means the services maintained by the State Government for proper management, administration and functioning of correctional homes; (e) "court" means a court established by any law for the time being in force, and includes any officer or authority vested with the powers of exercising civil or criminal jurisdiction under any law for the time being in force; Short title, extent and commence- ment. Definitions. 243 The West Bengal Correctional Services Act, 1992. [West Ben. Act Establish- ment of different categories of correctional home. (Chapter 1L—Establishment of different categories of correctional home.—Section 3.) (0 "habitual offender" means a prisoner who having been convicted for an offence of theft, robbery, dacoity, kidnapping, abduction, extortion or misappropriation of public money or property or for an offence punishable under the Bengal Excise Act, 1909 or the Central Excises and Salt Act, 1944 or the Bengal Suppression of Immoral Traffic Act, 1933 or on a charge of adulteration of food or medicine or carrying trade in illicit transport of goods or illicit sale of contraband goods, is again convicted on a charge of any of the aforesaid offences; (g) "history-ticket" means the ticket exhibiting such information as is required in respect of a prisoner by or under this Act or the rules made thereunder; (h) "notification" means a notification published in the Official Gazette; (i) "offence" means an act punishable under any law for the time being in force with imprisonment, whether substantive or in default of a fine or in default of furnishing security; (j) "prescribed" means prescribed by rules made under this Act; (k) "prisoner" means a person confined in a correctional home under a writ, order or warrant made by a court or authority under any law for the time being in force; (I) "prohibited article" means an article the introduction or removal of which into or out of a correctional home is prohibited by or under this Act or the rules thereunder; (m) "rehabilitation assistance" means financial or any other assistance given to a released prisoner for the purpose of his rehabilitation into the society as an ordinary citizen; (n) "remission" means the period to be deducted in accordance with the provisions of this Act and the rules made thereunder from the total period of sentence imposed on a prisoner; (o) "rule" means a rule made under this Act. CHAPTER II Establishment of different categories of correctional home 3. (1) The State Government shall by notification establish the following categories of correctional home:— (a) central correctional home; (b) district correctional home; Ben. Act V of 1909. I of 1944. Ben. Act VI of 1933. 244 The West Bengal Correctional Services Act, 1992. XXXII of 1992.] (Chapter 111.—Functions of correctional homes.—Section 4.) (c) special correctional home; (d) subsidiary correctional home; (e) correctional home for women; (f) open correctional home. (2) A central correctional home shall affiliate to itself a district correctional home or special correctional home or subsidiary correctional home or correctional home for women in such manner as may be prescribed. (3) The State Government shall by notification determine the number of any category of correctional home and the place at which correctional home shall situate. (4) An open correctional home shall not be surrounded by any boundary wall and shall be used for confinement of such long-term prisoners and on such conditions as may be prescribed, for giving such prisoners more liberty and more opportunity of association with the social life outside a correctional home and facilitating their after-release rehabilitation. CHAPTER III Functions of correctional homes 4. The functions of a correctional home shall be— (a) to keep in custody the prisoners committed to it under any writ, warrant or a order of any court or other competent authority; (b) to give correctional treatment to the prisoners in custody so as to effect from their mind the evil influence of antisocial ways of life and rehabilitate them in the society as good and useful citizens; (c) to adopt measures whereby a prisoner confined therein may not fall prey to the depriving mental attitude which may make him believe that he is lost to the society and it is his fate to pass the rest of his life as a social outcast; (d) to adopt measures calculated to rouse in the mind of a prisoner a healthy social sense and a sense of abhorrence against the antisocial ways of life and an impulse for returning to normal social life as a good and useful citizen; (e) to provide the prisoners with food, clothing, accommodation and other necessaries of life and adequate medical treatment and care in case of sickness; Functions of correctional homes. 245 The West Bengal Correctional Services Act, 1992. [West Ben. Act (Chapter 1VAdministration of correctional homes.— Section 5.) (f) to adopt measures— (i) to put the prisoners sentenced to rigorous imprisonment to labour in the manner prescribed; (ii) to put the prisoners to vocation-oriented labour so that after release they may find themselves equipped with bread-earning vocations; (iii) to provide for usual maintenance services such as cooking of food, washing of clothings, and sanitary services on roster basis enabling the maximum number of prisoners to get an opportunity of learning bread- earning avocation; (g) to take measures for mental and moral uplift of the prisoners and to provide them with educational and other facilities for upgrading their qualities, character and mental attitude; (h) to take measures for its security and the security of the prisoners with due safeguard to ensure that it does not become a place of honor instead of being an institution for correction; (i) to adopt measures to ensure effective after-care service of the released prisoners; (j) to enforce discipline among its officers and other employees and the prisoners in accordance with the provisions of this Act and the rules made thereunder; (k) to provide such other facilities and amenities to the prisoners as the State Government may prescribe. CHAPTER IV Administration of correctional homes Chief officer and other officers of correctional services. 5. (1) The Inspector General of Prisons, Additional Inspector General of Prisons and Deputy Inspector General of Prisons under the Prisons Act, 1894, shall, on and from the date of commencement of this Act, be designated as the Inspector General of Correctional Services, Additinal Inspector General of Correctional Services and Deputy Inspector General of Correctional Services respectively. (2) The Inspector General of Correctional Services shall be the Chief Officer of correctional homes and correctional services and the control and superintendence of correctional services shall vest in him. (3) The State Government may appoint such number of Additional Inspector General of Correctional Services and Deputy Inspector General of Correctional Homes and Correctional Services to assist the Inspector General of Correctional Services as the State Government may consider necessary. 9 of 1894. 246 The West Bengal Correctional Services Act, 1992. XXXII of 1992.] (Chapter IV.--Administration of correctional homes.— Sections 6, 7.) (4) All officers of the below the rank of Additional Inspector General of Correctional Services, appointed under the provisions of this Act, shall be deemed to be subordinate to the Inspector General of Correctional Services, and shall be bound to obey his orders, directions and instructions. 9 of 1894. 6. (1) The Jailor, Deputy Jailor and Sub-Jailor under the Prisons Act, 1894, shall, on and from the date of commencement of this Act, be designated as the Chief Controller of Correctional Services, Controller of Correctional Services and Assistant Controller of Correctional Services respectively. (2) For every central correctional home, district correctional home and special correctional home, there shall be a Superintendent and such number of Medical Officer, Chief Controller of Correctional Services, Chief Welfare Officer, Welfare Officer and other officer and staff as the State Government may from time to time appoint. The Superintendent shall be the officer-in-charge of the correctional home and correctional services and shall have control and superintendence of the correctional home and all other officers and staff shall be subordinate to him and shall render due obedience to his orders, instructions and directions. (3) The State Government may, for proper administration of any central correctional home, district correctional home or special correctional home, appoint such other officers and staff as it May consider necessary. (4) The qualifications and the method of recruitment of the officers and staff of the correctional homes shall be such as may be prescribed. Officers and staff of central correctional homes, district correctional homes and special correctional homes. 7. (1) (a) The Sub-Divisional Officer of every sub-division shall Officers and be the ex offi cio Superintendent of the subsidiary correctional home of subsidiary the sub-division and the Sub-Divisional Medical Officer of every sub- correctional division shall be the ex officio Deputy Superintendent of the subsidiary homes. correctional home of the sub-division. (b) There shall be such other officers and staff in every subsidiary correctional home as the State Government may from time to time appoint. (2) The Sub-Divisional Officer or, in his absence, such other officer as may be authorised by him shall pay visit to the subsidiary correctional home at least twice a week. (3) The Sub-Divisional Medical Officer shall pay visit to the subsidiary correctional home at least twice a week. He shall take necessary measures for treatment of prisoners confined in the correctional home as and when he is informed of any ailment of a prisoner by any officer of the correctional home. He may also delegate to any Medical Officer subordinate to him all his duties and functions as Deputy Superintendent of the correctional borne. 247 The West Bengal Correctional Services Act, 1992. [West Ben. Act (Chapter 1V.—Administration of correctional homes.— Sections 8, 9.) Chief 8. (1) The Chief Controller of Correctional Services shall, subject Controller Correctional of to the control and supervision of the Superintendent, be in charge of the Services. correctional home and shall be the custodian of the prisoners and the properties of the prisoners and the correctional home. (2) The Chief Controller of Correctional Services shall— (i) give, on the death of a prisoner in a correctional home, immediate report of such death to the Superintendent and the Medical Officer of the correctional home, narrating in brief the circumstances under which the prisoner died; (ii) be responsible for the safe-custody of the records of the condemned warrants and all other documents and the money and other articles taken from the prisoners; (iii) perform such other duties and discharge such other functions as may be prescribed; and (iv) not, without previous permission of the Inspector General of Prisons and Director of Correctional Services, be concerned with any other employment. (3) The Chief Controller of Correctional Services shall be provided with residential quarters adjacent to the correctional home and he shall not, without previous permission in writing obtained from the Superintendent, leave his quarters for any private business or reside elsewhere. If, for any unavoidable reasons, the Chief Controller of Correctional Services is required to leave his quarters temporarily without previous permission of the Superintendent, he shall, before leaving his quarters place an officer immediately subordinate to him in charge of the correctional home during his absence. The Chief Controller of Correctional Services shall, immediately on his return, inform the Superintendent giving the details of the hour at which he left his quarters and the hour at which he returned to the quarters and the circumstances under which he was compelled to leave his quarters without previous permission of the Superintendent. Controller of Correctional Services. 9. The State Government may appoint one or more Controllers of Correctional Services for each correctional home (other than a subsidiary correctional home) as it may consider necessary. Subject to the control of the Superintendent, the Controller of Correctional Services shall be competent to perform all or any of the duties of the Chief Controller of Correctional Services and shall perform such other duties as may be prescribed. 248 The West Bengal Correctional Services Act, 1992. XXXII of 1992.] (Chapter IV.—Administration of correctional homes.— Section 10.) 10. (1) For each central correctional home, there shall be a Chief Discipline of Discipline Officer and such number of Discipline Officer who shall be Officers. subordinate to the Chief Discipline Officer, as the State Government may appoint. (2) The Chief Discipline Officer shall have the same rank and status as that of the Chief Controller of Correctional Services and the Discipline Officer shall have the same rank and status as that of the Controller of Correctional Services. The qualifications and terms and conditions of service of the Chief Discipline Officer and the Discipline Officer shall be such as may be prescribed. (3) The Chief Discipline Officer shall supervise the performance of the Discipline Officer. It shall be the duty of the Chief Discipline Officer and the Discipline Officer— (a) to go on round inside the correctional home to ensure proper and effective watch by the warders and observance of rules by the prisoners and to take measures against slackening of security and discipline at the gate of the correctional home; (b) to assist the Chief Controller of Correctional Services in the maintenance of security and discipline in the correctional home, specially in between gates; (c) to receive prisoners from courts, other correctional homes and places of detention with requisite writs, warrants or orders along with the prisoners' personal cash and other properties and to pass the prisoners; (d) to supervise the work of the gate keepers; (e) to prevent smuggling of any prohibited or unauthorised article in the correctional home; (t) to check with reference to challans and gate passes of articles coming into or passing out of the correctional home and keep accounts thereof in ...the gate register of articles to be maintained for the purpose; (g) to search all prisoners passing into or out of or coming into or going out of, the gate of the correctional home; (h) to receive officials and non-official visitors with due respect at the gate; (i) to attend the weekly inspection by- the Superintendent and the ceremonial parades; (j) to perform such other duties as the Superintendent may allot from time to time. (4) In addition to the duties as aforesaid, the Chief Discipline Officer may search head warders, warders and other subordinate staff of the correctional home and all persons going into, or coming out of, the 249 The West Bengal Correctional Services Act, 1992. [West Ben. Act (Chapter IV.—Administration of correctional homes.— Sections 11-13.) correctional home. The Chief Discipline Officer shall not search any non-official visitor without special order of the Superintendent. If the Chief Discipline Officer has reasons to believe that any person exempted from search is carrying any prohibited or unauthorised article, he may stop such person between the gates and refer the matter to the Superintendent and shall act according to his direction. Chief Welfare Officer and Welfare Officer of correctional home. Assistant Controller of Correctional Services. Subordinate staff of correctional home. 11. (1) The State Government may, for each of the central correctional home, district correctional home and special correctional home, appoint such number of Chief Welfare Officers, and Welfare Officers as it may consider necessary. The Chief Welfare Officer shall have the rank and status of the Superintendent of a district correctional home and the Welfare Officer shall have the rank and status of the Chief Controller of Correctional Services. The qualifications and the terms and conditions of service of the Chief Welfare Officers and the Welfare Officers shall be such as may be prescribed. (2) It shall be the duty of the Welfare Officer— (a) to look after the correctional services and to see that the prisoners are not deprived of the amenities and privileges under this Act or under any other law for the time being in force; (b) to organise and develop recreational, educational and cultural activities (including sports, games, physical culture and the like) amongst the prisoners; (c) to give incentive to literary and artistic pursuits to the prisoners; (d) to make efforts for betterment of educational, moral, cultural and vocational equipments of the prisoners; (f) to perform such other duties as may be prescribed. 12. For each subsidiary correctional home, there shall be appointed an Assistant Controller of Correctional Services who shall act as the Chief Officer of administration of the correctional home, subject to the control and superintendence of the Superintendent of the correctional home, and the provisions of sub-rules (2) and (3) of rule 8 shall, mutatis mutandis, apply to the Assistant Controller of Correctional Services. 13. The State Government shall appoint such number of subordinate staff with such designation as may be prescribed for efficient conduct of correctional homes. The duties and functions of such subordinate staff shall be such as-may be prescribed. 250 The West Bengal Correctional Services Act, 1992. XXXII of 1992.1 (Chapter IV—Administration of correctional homes.— Sections 14, 15.) 14. (1) For proper security of correctional homes and of the staff Security thereof and of the prisoners confined therein, there shall be the following staff of correctional categories of security staff in each correctional home:— home. (i) one chief head warder; (ii) one or more head warders as may be considered necessary having regard to the usual population of the home; (iii) such number of gate warders as may be considered necessary; (iv) such number of other warders as may be considered necessary. (2) The gate warder shall guard the gate of the correctional home, open and close the gate according to necessity, and perform other consequential and incidental duties. He may at any time stop and search any person suspected of bringing any prohibited article into the correctional home or of carrying out any property belonging to the correctional home and shall report to the Chief Controller of Correctional Services about the discovery of such article or property. (3) Any officer of the correctional home may, in the case of any suspicion about the entry into the correctional home of any prohibited article or about carrying out any property belonging to the correctional home, stop and search or cause to be searched any person suspected or bringing such prohibited article or of carrying out such property and shall immediately report to the Chief Controller of Correctional Services about the discovery of such article or property. (4) The uniform of the security staff shall be such as may be prescribed. 15. (1) The Superintendent of a correctional home may deploy any Night convict of good conduct and unblemished record during imprisonment, watchman, night guard who has been sentenced for the first time to imprisonment fora term and helper. exceeding one year and has served fifty per cent. of the term of imprisonment, as a night watchman. (2) There shall be deployed at least two night watchmen in each ward. One shall be on duty from the time of evening lock-up till 12 p.m. and the other shall be on duty from 12 p.m. till the lock-up is opened in the morning. A night watchman shall be entitled to patrol inside the ward to perform his duties and shall generally be entrusted with the task of— (i) counting of prisoners under lock-up in the ward between the time of evening lock-up and opening the lock-up in the morning; 251 The West Bengal Correctional Services Act, 1992. [West Ben. Act (Chapter 1V. Administrationof correctional homes.— Sections 16, 17.) (ii) maintaining vigilance inside the ward in which he is placed on duty during night and seeing that nothing which is punishable or prohibited under any law for the time being in force is done inside the ward; (iii) bringing to the notice of the warder on duty any culpable act which is likely to be committed but cannot be prevented by him. (3) A prisoner deployed as a night watchman shall be entitled to three days' remission in a month in addition to ordinary remission but shall not be entitled to any wages for working as a night watchman. He shall get his wages for his usual work during day time. (4) The Superintendent of a correctional home may, with the prior approval of the Inspector General of Correctional Services, deploy any convict, who has maintained good conduct throughout his imprisonment having been sentenced to rigorous imprisonment for a term exceeding three years and has served seventy-five per cent. of his term of imprisonment, as a night guard. The night guard shall generally assist the security staff of the correctional home during night and shall wear blue badges for identification. The night guard may, if necessary, be posted outside the wards inside the correctional home to perform security duties. The night guard shall be entitled to five days' special remission, in addition to the ordinary remission, per month. The convict deployed as a night guard shall not get any wages for performing security duties at night but shall be entitled to wages for his usual work during day time. (5) The Superintendent of a correctional home may deploy a prisoner of good conduct whom he thinks to be trustworthy as a helper for carrying messages and doing sundry duties as may by given to him by the Superintendent. For such duty the helper shall be entitled to two days' special remission, in addition to his ordinary remission, per month. Officers and staff not to leave station without leave. Training of officers and staff. 16. No officer or other staff of a correctional home shall leave station without obtaining leave from the Superintendent of the correctional home or from any other officer subordinate to the superintendent and empowered to grant leave under the rules made under this Act. 17. The State Government may establish a training college for training of officers and all categories of staff of correctional homes. Until such college is established, the State Government may arrange in the prescribed manner for the training of the officers and staff of different correctional homes in any recognised institutions imparting such training. 252 The West Bengal Correctional Services Act, 1992. XXXII of 1992.] (Chapter V—Admission of prisoners.—Section 18.) CHAPTER V Admission of prisoners 18. (1) No prisoner or any other person shall be admitted into a correctional home for detention unless a warrant, writ or order authorising his detention signed by a competent authority and duly sealed, is produced before the officer who, for the time being, remains in charge of the correctional home. Explanation.—For the purpose of this section, the expression "competent authority" shall mean the officer or authority duly empowered under any law for the time being in force to issue warrant, writ or order for detention of a person in the custody of a correctional home. (2) Every prisoner or person received in a correctional home for detention shall, before admission under sub-seciton (I), be searched at the Gate Office and the searching officer shall take into custody such articles as are not permitted under this Act or the rules made thereunder to be taken inside the correctional home. The search shall be made in such manner as may not subject the prisoner or the person to unnecessary harrassment, humiliation or ignominy. A female prisoner or person shall be searched by the matron or a female warder. When a female prisoner or person is admitted into a correctional home and there is no other female prisoner or person, a female warder shall be deputed to remain inside the ward where such female prisoner or person is accommodated. (3) A register for recording the weight of every newly admitted prisoner or person shall be maintained in the office of the correctional home by the Medical Officer. After admission, every prisoner or person shall be weighed on a weighing machine kept in the office of the correctional home and his weight shall be recorded with date on which he is weighed in the register as aforesaid before he is sent to any cell or ward. (4) A prisoner or person admitted into a correctional home shall be produced on the date following the date of admission before the Superintendent of the correctional home and shall be examined by the Medical Officer of the correctional home. In course of such examination, the Medical Officer shall take the weight of the prisoner or person and record the same in the register maintained in the hospital for the correctional home as well as in the history ticket of such prisoner or person. (5) Within seven days from the date of admission of a prisoner or person in the correctional home, the Superintendent of the correctional home shall cause to be registered such descriptive roll in respect of the prisoner or person and in such form as may be prescribed. Admission of prisoners. 253 The West Bengal Correctional Services Act, 1992. [West Ben. Act Segregation of prisoners. (Chapter V.—Admission of prisoners.—Section 19.) (6) Any officer or authority (other than the presiding officer of a court) issuing any warrant, writ or order for detention of a person in a correctional home shall clearly mention in the warrant, writ or order, as the case may be, the provisions of the law under which the said person is being detained and the provisions of the law which authorise such officer or authority to issue such warrant, writ or order. When the committal of a person is not charged with any offence against the provisions of any law for the time being in force, the warrant, writ or order shall indicate the same. (7) The articles recovered from a prisoner or a person at the time of search before admission, other than those which are not permitted to be taken in the correctional home under the provisions of this Act or the rules made thereunder or any other law for the time being in force, shall be recorded in the register kept in the office of the correctional home as personal effects of such prisoner or person. If any of the prohibited articles as aforesaid is perishable, the same shall be destroyed and if it is not perishable, the same shall be seized and kept in safe custody and the details of such seizure shall be recorded in the register maintained in the office of the correctional home. (8) All money, jewellery or other valuable articles detected from a prisoner or person on search at the time of admission into a correctional home, if there is no order from a competent court for seizure thereof, and all articles subsequently sent by any friend or relative of the prisoner or person for his use, shall be considered to be his personal property and shall, subject to the rules made under this Act, be kept in the safe custody in the manner prescribed. (9) After a prisoner or person is admitted into a correctional home on the basis of a warrant, wirt or order issued by a court or other competent authority, the Superintendent of the correctional home shall cause to be sent information about such admission through postal service to any relative or friend of the prisoner or person to whom the prisoner or person seeks to communicate information of his detention in the correctional home. 19. Subject to the rules made under this Act, the prisoners shall be segregated in the following manner:— (i) female prisoner shall be completely segregated from the male prisoner; (ii) convicted prisoner shall be segregated from under-trial prisoner; 254 The West Bengal Correctional Services Act, 1992. XXXII of 1992.] (Chapter V.—Admission of prisoners.—Section 20.— Chapter WI—Delivery of prisoners..—Section 21.) (iii) prisoner having a previous conviction for any offence coming 45 of 1860. under Chapter XVIII of the Indian Penal Code or for any offence punishable under sections 366, 366A, 376 and 420 of the Indian Penal Code or for attempt to commit any such offence or for illicit storage, trader or manufacture of any contraband article or for adulteration of food or medicine, shall be kept separate as far as practicable from other classes of prisoner, whether convicted or under-trial; (iv) political prisoner and political detenu shall be kept separate from all other classes of prisoner; (v) female prisoner convicted for any offence involving grave moral depravity or having any previous conviction for any such offence shall be kept completely separate from other female prisoners; (vi) prisoner suffering from any contagious or infectious disease shall be kept completely separate from other prisoners; (vii) civil prisoner shall be kept separate from criminal prisoner. 20. (1) No part of food, clothing, bedding or other articles belonging to a prisoner or issued to a prisoner from the correctional home for his own use shall be given, let out or sold by him to any other prisoner. (2) The Superintendent of a correctional home may permit any civil prisoner or any under-trial or convicted political prisoner or political detenu to have his food supplied by his relative or friend from outside. When such permission is granted, the Medical Officer of the correctional home shall examine the food so supplied and shall not allow such food to be issued to the prisoner if, in his opinion, the same is likely to be injurious to the health of the prisoner and thereupon the said food shall be returned to the supplier thereof. CHAPTER VI Delivery of prisoners Transfer of food, clothing, bedding, etc. and supply of food from outside. West Ben. Act LIX of 1980. 21. (1) Where any person is sentenced by the High Court in exercise Persons of its original, appellate or extraordinary criminal jurisdiction to committed by High imprisonment or death, the High Court shall cause such person to be Court. delivered through any court situated in Calcutta as defined in the Calcutta Municipal Corporation Act, 1980, to the Superintendent of the correctional home having jurisdiction to receive such person together with a warrant. The Superintendent shall execute such warrant and return it after execution to the court issuing the same. 255 Persons committed by Chief Metropolitan Magistrate. Detention as civil prisoners. The West Bengal Correctional Services Act, 1992. [West Ben. Act (Chapter VI. Deliveryof prisoners.—Sections 22, 23.— Chapter VII—Classification of prisoners.—Section 24.) (2) Where any person is committed by the High Court in execution of a writ or order for contempt of court, the court receiving the order of the High Court shall cause such person to be delivered to such custody as it may determine. (3) The High Court may, pending hearing under section 55 of the Code of Civil Procedure, 1908 of an application for declaration of 5 of 1908. insolvency, cause a Judgement-debtor to be delivered to the Superintendent of a correctional home having jurisdiciton in Calcutta as defined in the Calcutta Municipal Corporation Act, 1980, to receive the person together with a warrant, writ or order. The Superintendent shall execute such warrant, writ or order and return it after execution to the court issuing the same. 22. Where any person is sentenced by the Chief Metropolitan Magistrate to any term of imprisonment or where any person is ordered by a trial court to be confined for failure to furnish security for keeping peace or being of good behaviour under the provisions of sections 107 to 110 of the Code of Criminal Procedure, 1973, the Magistrate who 2 of 1974. passed the sentence or order shall cause the person to be delivered along with the warrant to the Superintendent of the correctional home having jurisdiction to receive such person. The Superintendent shall execute the warrant and return it after execution to the Magistrate passing such order. 23. When a civil person is ordered by a civil court under any law for the time being in force to be detained in a correctional home under a writ, duly signed and sealed by such court, the Superintendent of the correctional home shall receive such prisoner and keep him confined in a separate cell or ward meant for civil prisoners only. CHAPTER VII Classification of prisoners Classifica- tion of prisoners. 24. (1) The prisoners detained in correctional homes shall be classified as follows:— (a) civil prisoners, (b) criminal prisoners, (c) under-trial prisoners, (d) convicted prisoners, (e) habitual offenders, (f) non-habitual offenders (g) political prisoners, (h) detenus, (i) lunatics—criminal and non-criminal. 256 The West Bengal Correctional Services Act, 1992. XXXII of 1992.] (Chapter VIL—Classification of prisoners.—Section 24.) (2) The prisoners referred to in clauses (a) to (h) shall further be classified into male prisoners and female prisoners according to their sex and into Division I prisoners and Division II prisoners in terms of the provisions of section 25. (3) (i) Any person committed to a correctional home by a civil court 5 of 1908. under the provisions of the Code of Civil Procedure, 1908, or any other law for the time being in force, shall be classified as a civil prisoner. (ii) Any person committed to a correctional home by any court or 45 of 1860. authority for any offence punishable under the Indian Penal Code or any other law for the time being in force or by an order of a court-martial under a writ or order, duly sealed and signed by such court or authority, shall be classified as a criminal prisoner. (iii) Any person committed to a correctional home having been accused of any offence shall, until he is convicted for that offence or any other offence by any court, be classified as under-trial prisoner. (iv) Any other person committed to a correctional home in respect of whom any order of conviction has been made by any competent court and a person committed to the custody of a correctional home in default of payment of fine or furnishing security under any proceeding under secions 107 to 110 of the Indian Penal Code shall be classified as a convicted prisoner. (v) Any prisoner comming within the meaning of clause (0 of section 2 shall be described as a habitual offender. All other prisoners shall be described as non-habitual offenders. (vi) Any person arrested or convicted on a charge of having committed or attempting to commit or aiding or abetting the commission of any political offence, whether or not the act constituting such offence comes within the purview of any offence punishable under the Indian Penal Code or any other law for the time being in force, and any person believed to have been prosecuted out of political animosity or grudge, shall be classified as political prisoner. Explanation.—For the purposes of this clause,— (a) any offence committed or alleged to have been committed in furtherance of any political or democratic movement or any offence arising out of an act done by an individual with an exclusive political objective free from personal greed or motive shall be a political offence. Explanation.—(1) An offence coming within the purview of Chapter VI of the Indian Penal Code shall always be deemed to be a political offence. (2) The provision of a law under which an offender is charged shall not be material. A person charged under section 302 or section 379 or 257 The West Bengal Correctional Services Act, 1992. [West Ben. Act (Chapter VII.—Classification of prisoners.—Section 24.) section 395 or section 411 of the Indian Penal Code may be classified as a political prisoner if his case satisfies the requirement of this clause; (b) any movement or public agitation sponsored or carried on by any political party or any group or association of persons for furtherance of any political ideology or for securing or safeguarding any political right, objective or relief with a view to obtaining common good for the people in general or any section thereof or for the remedy of any injustice of political nature done to any individual shall be interpreted as a political movement; (c) any movement or public agitation sponsored or carried on by any political party or any group or association of persons for securing common good for the people in general or any section thereof or for securing and safeguarding any well- recognised human right, or for undertaking activities in the field of social reform or for ameliorating the living condition of the afflicted or poorer section of the community or for securing reforms or for safeguarding public interest in social, economic, educational and cultural matters, or for securing remedy of any injustice done to any individual or body of individuals in those matters, shall be interpreted as a democratic movement; (d) for the removal of doubts it is hereby declared that trade union activities and collective activities sponsored or carried on for securing justice and well being of the working class and collective activities for safeguarding the interest of tillers of land or for betterment of conditions of their labour and living shall be deemed to be a democratic movement: Provided that a movement or public agitation by any communal, regional, linguistic, religious, racial, sectional or caste group sponsored or cared on against any other like group shall not be deemed to be a political or democratic movement: Porvided further that any movement based on religious, regional, communal, racial or caste consideration or any movement for promoting any interest, other than social or economic interest, by any religious, regional, communal or racial or caste people or any movement for placing impediment or obstruction in the matter of advancement of any section or sections of the people, shall not be treated as a political or democratic movement. 258 The West Bengal Correctional Services Act, 1992. XXXII of 1992.] (Chapter VIL—Classification of prisoners.—Section 25.) (vii) Any person who has been committed to a correctional home by warrant, writ or order issued under any law providing for preventive :detention or any person detained without any opportunity of trial under any law for the time being in force, shall be classified as a detenu. (viii) Any person who has been committed to the custody of a correctional home by a warrant, writ or order made by a court for an alleged offence under any law for the time being in force or for serving a sentence for an offence punishable under any law for the time being in force shall be classified as a criminal lunatic if he— (a) is found to be of unsound mind on the date of his admission into a correctional home; or (b) is found to have developed unsoundness of mind after his admission into a correctional home but before his conviction; (c) is found to have developed unsoundness of mind after his admission into a correctional home and after his conviction: Provided that a person classified as a criminal lunatic under this clause shall cease to be so classified as soon as he is declared by a psychiatrist to have been cured of unsoundness of mind and shall, thereafter, be classified as a criminal prisoner. (ix) Any prisoner confined in a correctional home on grounds of unsoundness of mind, who is not charged with any offence and against whom no criminal case is pending in any court, shall be classified as non-criminal lunatic. 25. (1) A prisoner, whether convicted or under-trial, who by his social status, education and habits of life is found to have been accustomed to a superior mode of living, shall be classified as a Division I prisoner unless— (a) he is found to be a habitual offender; or (b) he is convicted of— (i) an offence involving grave cruelty or grave moral turpitude, or (ii) an offence involving illegal hoarding, storage, movement or disposal of any essential commodity, or (iii) an economic offence of grave social consequences, or (iv) an offence of cheating, forgery, outraging modesty of any female, rape or sodomy. (2) All political prisoners and political detenus referred to in sub- section (2) of section 27 shall be entitled to all the privileges and amenities of Division I prisoners and also to such other privileges and amenities as may be prescribed in addition to the amenities referred to in sub-section (4) of section 35 and section 105. Division I and Division It prisoners. 259 The West Bengal Correctional Services Act, 1992. [West Ben. Act (Chapter VIL—Classification of prisoners.—Sections 26, 27.) (3) All prisoners, other than political prisoners or political detenue or those classified as Division I prisoners, shall be classified as Division II prisoners. Power to classify prisoners. Classifica- lion of detenus. 26. (1) The power to classify a prisoner or a detenue as a Division I prisoner or political prisoner or a detenue as a political detenue initially shall lie with the court to which such prisoner is produced or the authority which remands of detenue to a correctional home. Such prisoner or detenue shall also be entitled to apply for such classification. If such court or authority refuses to make the classification, a petition shall lie in case of a prisoner other than detenue before the Sessions Judge to whom the court of the first instance is subordinate. In the case of a detenue, such petition shall lie before the Sessions Judge of the district of his residence. (2) Pending classification of a prisoner by a competent court or authority, the Inspector General of Correctional Services may after considering the relevant criteria, classify a prisoner temporarily as Division I prisoner or a political prisoner or a political detenue. 27. (1) The detenus shall be classified as political detenus and general detenus. (2) A detenue shall be
Excerpt shown. Open the full act in Lexace.