PRISONS ACT, 1894 (PUNJAB AMENDMENT)

Section 3 - Definitions

In this Act--

(1)     "prison" means any jail or place used permanently or temporarily under the general or special orders of a State Government for the detention of prisoners, and includes all lands and buildings appurtenant thereto, but does not include?

 

(a)      any place for the confinement of prisoners who are exclusively in the custody of the police;

 

(b)      any place specially appointed by the State Government under section 541 of the Code of Criminal Procedure, 1882 (10 of 1882); or

 

 

(c)      any place which has been declared by the State Government by general or special order, to be a subsidiary jail;

 

(2)     "criminal prisoner" means any prisoner duly committed to custody under the writ, warrant or order of any Court or authority exercising criminal jurisdiction, or by order of a Court-martial;

 

(3)     "convicted criminal prisoner" means any criminal prisoner under sentence of a Court or Court-martial, and includes a person detained in prison under the provisions of Chapter VIII of the1Code of Criminal Procedure, 1882 (10 of 1882) or under the Prisoners Act, 1871 (5 of 1871);

 

 

(4)     "civil prisoner" means any prisoner who is not a criminal prisoner;

 

(5)     "remission system" means the rules for the time being in force regulating the award of marks to, and the consequent shortening of sentences of, prisoners in jail;

 

 

(6)     "history-ticket" means me ticket exhibiting such information as is required in respect of each prisoner by this Act or therules thereunder;

 

(7)     "Inspector General" means the Inspector General of Prisons;

(8)     "Medical Subordinate" means an Assistant Surgeon, Apothecary or qualified Hospital Assistant; [1][***]

(9)     "prohibited article" means an article the introduction or removal of which into or out of a prison is prohibited by any rule under this Act [2][;]

[3][(10) "wireless communication device" includes mobile phone, wi-fi for personal computer and tablet PC, computer, laptop, palmtop and their use for communication like verbal, non-verbal, internet, General Packet Radio Service (GPRS), e-mail, Short Message Service (SMS), Multimedia Message Service (MMS) or any such device, which is available for similar purpose.]

Section 6 - Officers of prisons

For every prison there shall be a Superintendent, a Medical Officer (who may also be the Superintendent), a Medical Subordinate, a Jailer and such other officers as the State Government thinks necessary:

Provided that [5] [the [6] [State Government of Bombay]] may [7] [* * *] declare by order in writing that in any prison specified in the order the office of Jailer shall be held by the person appointed to the Superintendent.

STATE AMENDMENTS

Punjab, Haryana and Chandigarh

[8] [In its application to the States of Punjab and Haryana and Union territory of Chandigarh, in Section 6, at the end, add the following proviso, namely:

Provided further that in the Punjab the State Government may appoint for any prison a Deputy Superintendent instead of a Jailer, and an Assistant Superintendent instead of a Deputy or Assistant Jailer, and these officers when so appointed, shall exercise the same powers, shall discharge the same duties and shall be subject to the same disabilities as Jailers and Deputy or Assistant Jailers, respectively.]

 

Section 46 - Punishment of such offences

The Superintendent may examine any person touching any such offence, and determine thereupon, and punish such offence by--

(1)     a formal warning.

Explanation.-- A formal warning shall mean a warning personally addressed to a prisoner by the Superintendent and recorded in the punishment-book and on the prisoner's history-ticket;

(2)     change of labour to some more irksome or severe form [9] [for such period as may be prescribed by rules made by the [10] [State Government]];

 

(3)     hardlabour for a period not exceeding seven days in the case of convicted criminal prisoners not sentenced to rigorous imprisonment;

 

(4)     such loss of privileges admissible under the remission system for the time being in force as may be prescribed by rules made by the [11] [State Government];

 

(5)     the substitution of gunny or other coarse fabric for clothing of other material, not being woollen, for a period which shall not exceed three months;

 

(6)     imposition of handcuffs of such pattern and weight, in such manner and for such period, as may be prescribed by rules made by the [12] [State Government];

 

(7)     imposition of fetters of such pattern and weight, in such manner and for such period, as may be prescribed by rules made by the [13] [State Government];

 

(8)     separate confinement for any period not exceeding [14] [three] months;

Explanation.-- Separate confinement means such confinement with or without labour as secludes a prisoner from communication with, but not from sight of, other prisoners, and allows him not less than one hour's exercise per diem and to have his meals in association with one or more other prisoners;

(9)     penal diet,-- that is, restriction of diet in such manner and subject to such conditions regarding labour as may be prescribed by the State Government:

Provided that such restriction of diet shall in case be applied to a prisoner for more than ninety-six consecutive hours, and shall not be repeated except for a fresh offence nor until after an interval of one week;

(10)   cellular confinement for any period not exceeding fourteen days:

Provided that after each period of cellular confinement an interval of not less duration than such period must elapse before the prisoner is again sentenced to cellular or solitary confinement;

Explanation.-- Cellular confinement means such confinement with or without labour as entirely secludes a prisoner from communication with, but not from sight of, other prisoners;

[15] [* * *]

[16] [(11)] penal diet as defined in clause (9) combined with [17] [cellular] confinement

[18] [* * *];

[19] [(12)] whipping, provided that the number of stripes shall not exceed thirty:

Provided that nothing in this section shall render any female or civil prisoner liable to the imposition of any form of handcuffs or fetters, or to whipping.

[STATE AMENDMENTS

Punjab, Haryana and Chandigarh

[20] [In its application to the States of Punjab and Haryana and Union territory of Chandigarh, in Section 46, for Cl. (4), the following shall be, and shall be deemed always to have been substituted, namely:

(4)    (a) temporary forfeiture of class, grade or prison privileges,

(b) temporary or permanent reduction from a higher to a lower class or grade,

(c) such loss of privileges admissible under the remission system for the time being in force as may be prescribed by rules made by the State Government.]

 

Section 52 - Procedure on committal of heinous offence

If any prisoner is guilty of any offence against prison-discipline which, by reason of his having frequently committed such offences or otherwise, in the opinion of the Superintendent, is not adequately punishable by the infliction of any punishment which he has power under this Act to award, the Superintendent may forward such prisoner to the Court of the District Magistrate or of any Magistrate of the first class [21] [or Presidency Magistrate] having jurisdiction, together with a statement of the circumstances, and such Magistrate shall thereupon inquire into and try the charge so brought against the prisoner, and, upon conviction, may sentence him to imprisonment which may extend to one year, such term to be in addition to any term for which such prisoner was undergoing imprisonment when he committed such offence, or may sentence him to any of the punishments enumerated in section 46:

[22] [Provided that any such case may be transferred for inquiry and trial by the District Magistrate to any Magistrate of the first class and by a Chief Presidency Magistrate to any other Presidency Magistrate: and]

Provided also that no person shall be punished twice for the same offence.

STATE AMENDMENTS

Punjab, Haryana and Chandigarh

[23] [In its application to the States of Punjab and Haryana and Union territory of Chandigarh, in Section 52,

(a)      for the words District Magistrate or of any Magistrate of the first class or Presidency Magistrate, substitute Chief Judicial Magistrate or any other Judicial Magistrate of the first class; and

 

(b)      for the first proviso, substitute the following proviso, namely:

Provided that any such case may be transferred for inquiry and a trial by the Chief Judicial Magistrate to any other Judicial Magistrate of the first class.]

 

[24][Section 52-A Prohibition of possession of wireless communication device

"52-A Prohibition of possession of wireless communication device.

(1) Notwithstanding anything contained in this Act, if any prisoner is found guilty of possessing, operating or using a wireless communication device or its components like sim card, memory card, battery or charger or any other component of such a device or if the prisoner or any other person assists or abets or instigates in the supply thereof, he shall be punished with the punishment for a term not exceeding one year or with fine not exceeding rupees twenty-five thousand or with both

(2) If the prisoner is found using the wireless communication device for attempting, abetting, conspiring or committing an offence inside or outside the jail premises and as a consequence thereof an offence is committed, he shall be punished with imprisonment provided in the Indian Penal Code, 1860 (Central Act 45 of 1860) for the offence so committed.

(3) The prisoner shall undergo the sentence awarded under subsection (1) or under sub-section (2) after the completion of the sentence already undergoing.".]

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[5] Substituted by the A.O. 1937 for "the Governor of Bombay in Council".