DELHI PRISONS (PRISONER'S
PROPERTY, HISTORY TICKET, CIVIL PRISONERS, UNCONVICTED PRISONERS, JUDICIAL
SOLITARY CONFINEMENT, CELLS AND TREATMENT THEREIN) RULES, 1988][1] (1)
These rules may be called the Delhi Prisons (Prisoners' property,
history ticket, civil prisoners, unconvicted prisoners. judicial solitary confinement,
cells and treatment therein) Rules, 1988. (2)
They shall come into force at once. I. PRISONERS'
PROPERTY (1)
A list of all money, clothing or other property removed from each
convict on admission to jail shall be attached in each case to the prisoner's
warrant. (2)
The property of civil prisoners shall be entered in the civil
prisoners' admission register. (3)
All additions, erasures or alterations to be list of any
prisoner's property shall be initialled by the Deputy Superintendent. (4)
All action taken by the Deputy Superintendent in regard to the
prisoner's property shall be endorsed by the Superintendent subsequently. (1)
Every prisoner shall, as soon as possible, after his first
admission to Jail have read over to him, in the presence of the Deputy
Superintendent, a list of all property of whatever description which was
removed from the person of or received with such prisoner at the time of his admission. (2)
If the prisoner acknowledges the correctness of the list the fact that he does so and if
the prisoner makes any objection to any entry in or to the omission of any
article from the list the nature of the objection shall be noted on the list. (3)
If the prisoner can write, he shall be required to sign the list
in token of the correctness thereof and of the objections (if any) noted
thereon. (4)
The Deputy Superintendent shall attest every entry in the list by
initialling the same. Note: When such property is made
over by an official receiving it to another official, the receipt of the latter
official will be taken in Register No. 1, 2 or 3 as the case may be and all
such property shall with the exception of clothing be kept in charge of the
Deputy Superintendent. (1)
All property received with or found on the person of a prisoner on
his admission to jail, or subsequently sent by the Magistrate on his account
shall be received by the Jail authority. (2)
Property tendered by the friends or relatives of any prisoner, on
his behalf either at the time of such prisoner's admission to the jail or
subsequently may in the discretion of the Superintendent, be either received or
refused. When any property is, after the
admission of any prisoner to the jail, received by the Superintendent on his
behalf, such property shall be entered in the list of property belonging to
such prisoner in the manner prescribed in the case of property taken from or
received with the prisoner at the time of his admission to the jail. Prisoners' property shall be
dealt with in accordance with the following provisions, namely : (1)
Such articles as are. in the opinion of the Deputy Superintendent,
of a perishable nature or are likely to deteriorate by keeping or to involve
expenditure in the keeping, shall, unless, with the consent of the prisoner to
whom they belong, they are made over to any relative or friends of such
prisoner, be sold and the sale proceeds thereof be credited to the prisoners
account and a note to that effect be made in the list of the property of such
prisoner and attested by the Deputy Superintendent. (2)
If, by reason that any prisoner is, at the time of his admission
to the jail or at any subsequent time, suffering or likely to suffer from any
contagious or infectious disease, or on other sanitary grounds, the Medical
Officer shall certify that any articles of clothing or bedding or the like,
belonging to any prisoner, shall be destroyed, the Deputy Superintendent shall
cause the same to be forthwith destroyed accordingly and a note to that effect
be made in the list of the property of such prisoner, and shall attest the note
so made. (3)
If any article of clothing or bedding or the like belonging to any
prisoner is in the opinion of the Deputy Superintendent in such a damaged or
filthy state as not to be worth keeping, or fit to be sold, he shall cause such
articles to be forthwith destroyed and a note to that effect to be made in the
list of the property of such person and shall attest the note so made. (4)
The clothing of every prisoner sentenced to a substantive term of
rigorous imprisonment of three years or more shall, if not liable to be
destroyed under the preceding provisions of this rule, on the confirmation of
the prisoner's sentence or if no appeal is made, on the expiration of the time
allowed for appealing be sold and note to that effect be made in the list of the
property of such prisoner, and be attested by the Deputy Superintendent. (5)
Subject to the preceding provisions of this rule, the property
(other than property in regard to which any special provision is here-in-after
made) of every prisoner, the term of whose substantive sentence of imprisonment
is less than three years, shall be carefully parked, stored and kept. (6)
The jewellery, trinkets, securities and other valuables (if any)
of every prisoner shall be placed in a separate packet and the prisoners'
register number, name and the date of sentence shall be endorsed thereon. Every
such packet shall be kept in the jail cash-chest. (7)
Money which is the property of prisoners (including the sale
proceeds of any article sold), shall subject to any directions which the
Inspector General may from time to time give in that behalf, be kept in the
jail cash-chest and shall be deposited in the Bank on deposit at call from time
to time. (8)
Every prisoner shall be allowed to retain one pair of shoes and
chaples for use in jail. Prisoners shall be allowed to retain a comb. (9)
Sikhs shall be allowed to retain Kara (iron bangle), Hindus who
wear sacred thread may retain it when confined in a jail. (1)
The clothing belonging to any prisoner retained in the jail under
the provision of clause (e) of the preceding rule shall be first thoroughly
worked and sticked into a bundle before being stored. (2)
Every bundle shall be labelled with the number, name and date of
sentence of the prisoner and arranged in the Prisoner's property godown
according to the month of sentence. (1)
The cash property of the prisoners shall be made over to them on
release, or which for other reasons is disposed of, shall, during any month, be
paid by the Deputy Superintendent from the cash property of prisoners received
during the same month. (2)
Should the cash received be in excess of that disbursed, the
balance shall be remitted into the treasury at the close of the month, but if
the disbursements are in excess of the receipts at any time, the difference
shall be paid from the permanent advance, which shall be recouped by the
withdrawal of a similar sum, when the month closes, from the prisoners' cash
account in the treasury. (3)
The receipt and disposal of all money belonging to prisoners shall
be entered by the Deputy Superintendent in the cash books and when articles
belonging to prisoners have been sold, the amount realised by the sale shall
also be entered in the memorandum of property attached to prisoner's warrant,
with the date of entry. (4)
The Superintendent shall occasionally satisfy himself that the
amount of cash lodged in the treasury to the credit of prisoners, corresponds
with the amount shown in the Deputy Superintendent cash-book, under the same
head. On the transfer of a prisoner
from one jail to another, all his money and other property shall be sent to the
jail to which he is transferred. The clothing of every prisoner
sentenced to three years or more shall, whenever possible be disposed of as
laid down in clause (d) of rule 6 before the prisoner is transferred to any
other jail. Property tendered at a jail on
behalf of a prisoner already transferred to another jail, shall not be accepted
but the person who tenders the property shall, if he so desires, be informed of
the jail to which the prisoner has been transferred, so that he may send the
property to him. The Superintendent may at the
request or with the consent of a prisoner at any time make over the whole or
any part of the money or other property belonging to such prisoner which may be
in the keeping of the Superintendent to any person (not being a prisoner), whom
such prisoner may be specified : Provided that the Superintendent
may withhold and retain so much of the money or other property of such prisoner
as he may think necessary for the purpose of providing such prisoner with
sufficient clothes and money, upon his release. Any prohibited articles found on
any prisoner after his admission into any jail shall be confiscated, and all
money so confiscated and all money realised from the sale of any article so
confiscated, shall be credited to the Government under proper head : Provided that the Superintendent
may award any sum, not exceeding one-half of any money or of the sale-proceeds
of any property so confiscated, to any person concerned in the finding or
discovery thereon. The money and other property of
every prisoner who escapes, shall be retained at the jail from which he
effected his escape for one year after the date of his escape, if the prisoner
is not recaptured within that period, his money and other property (if any),
shall be made over to the police as being unclaimed property. The money and other property of
deceased prisoners shall, unless claimed by a person holding succession
certificate, probate or letters of administration entitling him to receive it,
be made over to the police of being unclaimed property. Note : When a prisoner dies,
notice of his death should be sent to the District Magistrate of the disrict to
which he belongs and within one month no person duly authorised to receive the
property under the condition laid down to lodge claim to it. such property
shall then be made over to the Police. (1)
With the property made over to the police under the preceding
rule, a descriptive roll of the deceased prisoner and a certified copy of the
record of such property shall be forwarded (2)
Any wish expressed by a dying prisoner as to the disposal of his
property, shall be made known to the police to whom the property is made over. (3)
A receipt should be obtained for all unclaimed property made over
to the police. II. HISTORY
TICKETS (1)
Every prisoner shall, immediately on his reception into jail, be
provided with a history-ticket which shall the maintained in the manner hereinafter
provided, throughout the period during which such prisoner remains in
confinement. (2)
Every history-ticket shall contain the following particulars,
namely, (a)
the name, date of admission, prison number and other particulars
necessary for the identification of the prisoner; offence committed, police
station, name of the trial court, next date for production of the prisoner in
the court etc. (b)
a brief entry of every order passed and direction given relating
to, and punishment inflicted on, the prisoner; and (c)
A brief record of every other occurrence of any importance
affecting the prisoner, which takes place while he remains in confinement. (3)
The history-ticket of every convict shall contain the following
further particulars, namely ; (a)
the nature of the offence of which he had been convicted and the
provision of the law applicable thereto ; and (b)
the date, nature and extent of the sentence passed. (4)
Every entry made on the history-tickets shall be so made at the
time of, or as soon as possible after, the occurrence of the event to which it
relates, and shall be dated and initialled by the officer who makes it. (5)
Subject to the requirements of this rule, the Inspector General
may, from time to time, prescribe the form of history, tickets. (1)
In the heading of the history-ticket of every prisoner, the
Medical Officer shall enter on admission of the prisoner: (a)
the prisoner's weight on admission ; (b)
his state of health ; (c)
the class of labour for which he is fit, if sentenced to labour,
and (d)
nature of injury on the person of the prisoner found to be injured
at the time of admission with M.L.C. (e)
whether he is a drug addict. (2)
He shall also subsequently enter (a)
admission to and discharge from hospital on every occasion, with
the disease for which admitted, and (b)
admission to and discharged from the convalescent gang. (3)
The Medical Officer shall himself enter such other directions or
recommendations as he may, from time to time, consider necessary for the
maintenance of the health of the prisoner. On the history-ticket of every
prisoner shall be entered, as far as such entries may be applicable toy the
Deputy Superintendent or Medical Officer or by officers authorised by them. (a)
the date of admission into jail ; (b)
the number and name of every article of clothing and equipment,
issued on admission and subsequently; (c)
the particular work and task in weight, number or measurement, to
which the prisoner is put; (d)
every change of work or task on other than medical grounds; (e)
any complaint made by the prisoner of sickness or report of his
sickness ; (f)
the action taken on any direction or recommendation of the Medical
Officer; (g)
application for a copy of judgment, if the prisoner desires to
appeal; (h)
receipt of the copy of judgment; (i)
substance of the order of the appellate court; (j)
despatch of appeal ; (k)
the fact of an appeal not having been made before the expiration
of the term allowed for appealing ; (l)
the amount of remission awarded monthly ; (m)
the total remission in day earned upto the end of each month ; (n)
every prison offence alleged to have been committed ; (o)
every interview allowed and the receipt or despatch of private
letters ; (p)
despatch to a Court, or transfer, discharge, escape or death ; (q)
any recommendation of the Factory Manager or the Deputy
Superintendent ; (r)
action taken on any order entered by the Superintendent; (s)
the monthly weightants ; (t)
the number of the cell in which placed on account of warrant of
confinement; (u)
the total confinement undergone on warrant on each occasion of
removal from cell after such confinement; (v)
particulars of the duties assigned to convict-officers. Note : No adverse entry shall be
made in History-ticket of a prisoner without the specific orders of the
Superintendent. On the history-ticket of every
convict, the Superintendent or on his direction, the Deputy Superintendent
shall record: (a)
any special order he may have to give relating to any prisoner
e.g., the imposition or removal of fetters, permission to hold an interview or
write a letter, separation by night etc.; (b)
the award of every punishment given after giving due hearing to
the prisoner; (c)
sanction for employment on extramural work ; (d)
promotion to the grade of convict-watchman, convict overseer or
convict warder; and (e)
the award of special remission. The history-ticket of each
prisoner shall be kept in a proper receiptable by the convict-officer in whose
charge the prisoner is placed, and shall be produced by him whenever required
by any officer of the jail, so to do it shall go with the prisoner whenever he
is transferred from one gang to another, or from one kind or place of work to
another or is sent to hospital. At the weekly parades, each prisoner shall hold
his ticket in his hand for inspection. The history-ticket shall be produced,
with the prisoner, whenever he is reported for an offence, or is brought before
the Superintendent or Medical Officer for any reason. Note : At weekly
inspections and during interviews, the tickets will be issued to prisoners just
before, and removed immediately after, the advent of the Superintendent. The history-ticket of every
prisoner shall be retained in the safe custody (a)
in the event of his escape or release for one year; and (b)
in the event of his death for two
years, after such event occurs. (c)
in the event of release on bail for a year after the result of
appeal is known. III. CIVIL
PRISONERS Only a Collector can commit a
revenue defaulter to jail. Civil prisoners may be detained
in a portion of the jail specially set apart for use as a ward for such
prisoners. Visitors appointed to a jail established
at any place for the confinement of criminal prisoners, shall be deemed to be
visitors for civil prisoners. A civil prisoner or an
unconvicted criminal prisoner shall be permitted to maintain himself, and to
purchase, or receive from private source 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. (1)
Civil prisoners who are supplied with prison diet, shall unless
the scale of subsistence allowance (if any) permits of a more liberal scale, be
provided with diet on the ordinary scale prescribed in respect of convicts who
are not subjected to labour. Their food shall be prepared in the convict
cook-house, and cooked and served by cooks. (2)
Civil prisoners who are not provided with prison diet, shall be
permitted to cook their own food at places provided for the purpose. The Administrator may fix scales
of monthly allowances payable for the subsistence’s of judgment debtors as
required in section 57 of the Code of Civil Procedure, 1908. (1)
Every civil prisoner for whom a subsistence allowance is provided,
may be supplied with food, clothing, bedding and other necessaries by his
friends at such hours as the Superintendent may, from time to time, fix in that
behalf. (2)
When any such prisoner is not supplied with food by his friends,
the Deputy Superintendent shall supply him with good and wholesome food
according to the prisoner's own choice, provided the daily cost does not exceed
the daily subsistence allowance received on account of such prisoner. If the
daily cost of food is less than the sum allowed, the balance shall be made over
to the prisoner on his release. Every article of every kind
whatsoever at any time supplied for the use of any civil prisoner shall be
delivered to the Deputy Superintendent or other officer appointed by the
Superintendent in that behalf and shall be examined before it is made over to
the prisoner, and any such article may, for any sufficient reason, be withheld,
by the Superintendent from such prisoner. All articles purchased for any
civil prisoner, otherwise than from jail suppliers shall be purchased through
or under the orders of the Deputy Superintendent. (1)
Where a judgment-debtor is committed to a civil prison.in
execution of a decree, the Court shall fix for his subsistence such monthly
allowance as may be entitled to according to the scales fixed by the
Administrator under rule 28, read with section 57 of the Code of Civil Procedure,
1908, as where no such scales have been fixed as it considers sufficient with
reference to the class to which he belongs (see order XXI, rule 39 of the
C.P.C. 1908). (2)
The monthly allowances fixed by the court shall be supplied by the
party on whose application the judgment-deb or has been arrested by monthly
payments in advance before the first day of each month. (3)
The first payment shall be made to the proper officer to the court
for such portion of the current month as remains unexpired before the judgment-debtor
is committed to civil prison and the subsequent payments (if any) shall be made
to the officer-in-charge of the prison. (4)
Sums disbursed by the decree-holder for the subsistence of the
judgment-debtor in the civil-prison shall be deemed to be costs in the suit. Note: (1) The monthly allowance
under clause (2) shall, when received by the jail be credited to the Government
and the receipt attached to the detailed contingent jail for the month. The
amount so credited will be drawn on an abstract bill when required. Amount
disbursed on behalf of judgment-debtor in respect of supplies from sk,
purchased from bazar, and balance paid to the decree-holder, shall be recorded
in the Contingent Register and shown in Voucher attached to the Detailed
Contingent bill for the month. (2) If the judgment creditor
omits to pay allowance, the prisoner shall be released on the forms of the day
for which no allowance is made. (1)
As the Government only provides subsistence allowance at certain
rates for civil prisoners, such articles of furniture and appliances as are
absolutely necessary, shall be supplied by the jail. (2)
Every civil prisoner is at liberty to supplement at his own
expense, the food, furniture and appliances allowed to him by the
Superintendent. If any extra articles of diet are
ordered by the Medical Officer for a civil prisoner, on medical grounds, any
excess of expenditure over and above what can be met by the daily subsistence
allowance, shall be paid by Jail administration. Articles of clothing and bedding
etc. supplied to a civil prisoner at the expense of the decree-holder shall be
removed from the prisoner at the time of his release and returned to the
decree-holder. If such articles remain unclaimed for two months, they will be
sold and their sale proceeds shall be deposited into the Government account. (1)
No civil prisoner shall be compelled to labour. (2)
Save as provided in clause (1) of this rule and in section 31 and
the proviso to section 46 of the Prisons Act, 1894, every civil prisoner shall
in regard to discipline, be subject to all rules providing for the discipline
of unconvicted criminal prisoners. IV. UN CONVICTED CRIMINAL PRISONERS 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. No part of any food, clothing,
bedding or other necessaries belonging to any unconvicted criminal prisoner
shall be given, hired or sold to any other prisoner; and any prisoner
transgressing the provisions of this Rule shall olare the privilege of
purchasing food for receiving it from private sources for such time as the
Superintendent thinks proper. Every unconvicted 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. (1)
Every unconvicted criminal prisoner, may unless in any case, the
Superintendent otherwise directs be supplied with food, clothing, bedding and
other necessaries by his friends at such hours as the Superintendent may, from
time to time, fix in that behalf. (2)
Every article supplied under sub-rule (1) shall: (a)
be delivered to the Deputy Superintendent or other officer
appointed by the Superintendent for that purpose, and (b)
be examined, before it is made over to such prisoner, either by
the Medical Officer or para-medical staff authorised by him to do so. No article shall be given to any
unconvicted criminal prisoner, if it is injurious to health or considered
undesirable by the Superintendent. All articles purchased for any
unconvicted criminal prisoner other than those issued from jail-supplier shall
be purchased through or under the orders of the Deputy Superintendent. (1)
If any article that is injurious or prohibited, is found concealed
in any food or other thing supplied to an unconvicted criminal prisoner by his
friends, the privilege of being allowed to purchase or obtain food from private
source shall be withdrawn. (2)
The Superintendent may for any sufficient reason refuse to allow
the purchase for-or delivery- to an unconvicted prisoner, of any article which
he considers to be unnecessary or unsuitable. An unconvicted criminal prisoner
who does not maintain himself shall be supplied with food at the expense of
jail administration. Such food shall be prepared in the convict cook-house and
cooked and served by convict-cooks. (1)
Unconvicted criminal prisoner may, with the Superintendent's
permission, maintain themselves by working at any trade or profession. (2)
An unconvicted criminal prisoner finding his own implements and
not maintained at the expense of the jail shall be allowed to receive the whole
of his earnings but the earnings of such as are furnished with implements or
are maintained at jail expenses, shall be subject to a deduction to be
determined by the Superintendent, for the use of implements and the cost of
maintenance. It is the duty of every officer
of jail when it comes to his knowledge that an unconvicted criminal prisoner
has been previously convicted, to report the matter to the Superintendent. Such
information as is forthcoming, should be reported to the Police Department. Any special directions as to the
separation of an unconvicted criminal prisoner, given by the Magistrate should
be carried out. Such separation should be unaccompanied by any irksome conditions
beyond those that are necessary to secure the object in view, namely, to
prevent his communicating directly or indirectly with other prisoners concerned
in the same case. Unconvicted prisoners shall not
be allowed to have their hair cropped or in any other way to alter their
personal appearance so as to make it difficult to identify them. Prisoners who
have been more than a month in jail may, however, if they desire it, have their
hair cut to the length it was when they were admitted. (1)
On the date fixed on the warrant of a prisoner committed to trial,
or on the receipt of an order the unconvicted prisoner concerned shall be
placed in the custody of the police for conveyance to court. (2)
Articles of clothing brought to jail by an unconvicted prisoner
shall be entered in the appropriate column of Register No. 1. (3)
An unconvicted prisoner should not be handcuffed on his way to and
from the jail to the Court-house, unless the officer-in-charge of the Court
decides to handcuff him owing (a) to his being a man who is likely to attempt
to escape, or (b) a man who, owing to the existence of local feeling or other
circumstances, is likely to be the subject of an attempt at rescue, or (c) on
some sufficient ground to be stated by Police as per law. If an unconvicted prisoner is
discharged in Court or released on bail while attending court and a
notification of the fact is not received the same day, the Superintendent
shall, without delay, call the attention of the court to the matter. If the
prisoner faces trial in more than one case in other courts, the Superintendent
shall bring the facts to the notice of the Court in which the prisoner is
presented. The weight of every unconvicted
prisoner on release shall be recorded in the register of unconvicted prisoners.
When such prisoner is released in the Court, the last weighment recorded on the
history-ticket, shall be taken as the weight on release. The Superintendent shall submit
monthly to the District Magistrate a list giving the names and other necessary
particulars of all unconvicted prisoners other than those committed to
Sessions, who have been detained in jail for more than thirty days since their
first admission. Whenever an unconvicted prisoner
is seriously ill, the Superintendent shall report the circumstances to the
Magistrate engaged in the case or, if the prisoner is awaiting trial before the
Sessions Court, to the Sessions Judge, in order that if the law permits and the
court thinks proper, the prisoner may be released on bail. Notice of the death of every
unconvicted prisoner shall be sent as soon as possible after the occurrence to
the Court under whose authority such unconvicted prisoner was detained. An unconvicted prisoner is not
required to labour but he shall keep himself, his ward and yards neat and
clean. V. JUDICIAL SOLITARY
CONFINEMENT (1)
(a) When a prisoner is placed in a cell, the number of the cell
should be given in the history-ticket against the entry. (b) The total confinement
undergone on warrant should be shown in the history-ticket at a separate entry
on each occasion the prisoner is removed from such confinement. (c) On the discharge of a
prisoner from jail, an entry should be made in Register No. 2 showing the total
amount of solitary confinement undergone as per warrant. (2)
No prisoner should be placed in solitary confinement until the
Medical Officer certifies on the history-ticket that he is fit to undergo it. (3)
Prisoners sentenced to solitary confinement should ordinarily be
divided into four gangs; each gang should be placed in cells for a week at a
time, so as to utilise the cells to the fullest extent and at the same time
comply with the: requirements of sections 73 and 74 of the Indian Penal Code,
1860. (4)
A prisoner, who is unfit at the time he would ordinarily be
confined, should be placed in a cell at a subsequent date if the conditions
imposed by section 74 of the Indian Penal code allow it. (5)
The execution of a sentence of solitary confinement need not be
postponed on account of an appeal having been lodged. (6)
Every prisoner undergoing solitary confinement shall be visited
daily by the Medical Officer. (7)
Any prisoner undergoing solitary confinement shall, under the
orders of the Medical Officer on the ground that continuation of such
confinement would be likely to prove injurious to mind or body, be forthwith
removed from the cell or place in which he is confined. The Medical Officer
shall make a record of the order in his journal. (8)
If a prisoner sentenced to solitary confinement be declared by the
Medical Officer to be permanently unfit to undergo such confinement, the fact
shall be reported to the Court which awarded the sentence. (9)
The declaration should be recorded in the history-ticket and the
warrant. If a prisoner is sentenced under
two or more separate warrants, any period of solitary confinement awarded can
only be given effect to during the time the sentence of which it forms a part
is being executed. On the expiration of the sentence
of every prison awarded solitary confinement by the committing court, the
endorsement on the warrant by the Superintendent, certifying to the execution
of the sentenced shall state the total period of solitary confinement the
prisoner has undergone, and if any portion has not been executed, the reason
should likewise be stated. IV. CELLS AND
TREATMENT THEREIN (1)
A sufficient number of cells for all purposes should be provided
in every jail. Each cell for solitary confinement should have a yard attached
to it where the occupant can have the benefit of fresh air without the means of
communicating with any other prisoner and suitable means for ablution and
sanitation should also be provided. (2)
The outer door of every cell yard should have an eye-hole at a
convenient height so that the occupant can be seen without knowing that he is
being observed. The cell door should be iron grated. Cells may be used for : (a)
carrying out sentence of solitary confinement ordered on a
warrant. (b)
the medical observation of those suspected of being insane, or the
accommodation of noisy, dangerous or other lunatics whom it is advisable to
keep apart; (c)
the separation of prisoners; (d)
the medical observation and separation of prisoners suspected of
malingering, causing sickness or injury to themselves by the use of deleterious
substances, or who are suffering or suspected to be suffering from any
contagious or infectious disease; (e)
the confinement of prisoners sentenced to death; (f)
quarantine ; and (g)
keeping different category of prisoners apart from each other. During the day time, an officer
of the jail shall always remain within hearing of every prisoner confined in a
cell, to ascertain, and attend to his lawful requirements. A strict watch shall
be kept over all such prisoners to prevent them committing any act which is
forbidden. No prisoner shall be kept
separate in a cell either by night or day without an order similarly recorded
by the Superintendent or the Deputy Superintendent. Whenever a cell is occupied by
any prisoner, a ticket showing particulars of the prisoner confined therein,
shall be posted on the exterior of the cell yard door. Every prisoner shall before being
placed in a cell be carefully searched, and all articles likely to aid escape
or suicide shall be taken from him and the cell shall also be searched. All
cells and prisoners confined therein shall be carefully searched at lock-up
time each day, and off and on, if necessary. The presence of every prisoner in
his cell shall be ascertained at each change of guard. In the case of sickness,
notice shall be given by the prisoner to the patrolling officer who shall
report the matter to the Medical Officer and the Deputy Superintendent. If
necessary, the prisoner may be removed to the hospital and the Superintendent
be informed of the circumstances at his visit. A warder by day shall have custody
of the keys of the cell, and they shall be kept in the key almirah at night
(the means of opening which are in charge of the partrolling officer), so that
they may be always available at times of sudden illness or other emergency. In
the case of an attempt at suicide by any prisoner, the cell should be opened at
once and the attempt frustrated. When a prisoner is seriously ill
in a cell and it is unsafe owing to the nature of the disease from which he
suffers to have him removed to the hospital, the Superintendent may, on the
recommendation of the Medical Officer, permit one attendant to remain with him.
In no other instance shall two prisoners be permitted to occupy the same cell. Every prisoner occupying a cell
shall be visited by the Head-Warder on duty or the patrolling officer, at least
once every two hours during the day and night. (1)
The bedding of every prisoner in a cell shall, subject to any
order given in special cases by the Medical Officer, be exposed to the sun and
air daily when the weather permits. (2)
Every occupant of a cell shall be responsible for its cleanliness. [1]
Published in Delhi Gazette, Extraordinary Part IV,
No. 76, dated 18th April, 1988 vide notification No. F. 9(75)/87-HOME
(GENERAL)/(VII), in exercise of the powers conferred under Clause (8), (11),
(19), and (27) and 28 of Section 59 read with Section 51 of the Prisons Act,
1894 (IX of 1894) by the Administrator of the Union Territory of Delhi.DELHI PRISONS (PRISONER'S PROPERTY,
HISTORY TICKET, CIVIL PRISONERS, UNCONVICTED PRISONERS, JUDICIAL SOLITARY
CONFINEMENT, CELLS AND TREATMENT THEREIN) RULES, 1988