Updated: Sunday June 12, 2011/AlAhad
Rajab 11, 1432/Ravivara
Jyaistha 22, 1933, at 09:09:41 AM
The Prisons’ Act, 1894
(Act
IX of 1894)
C O
N T E N T S
CHAPTER
I
PRELIMINARY
Sections
1. Title, extent and commencement.
2. [Repealed]
3. Definitions.
CHAPTER
II
MAINTENANCE
AND
OFFICERS OF PRISONS
4. Accommodation
for prisoners.
5. Directors
of Prisons.
6. Officers
of prisons.
7. Temporary
accommodation for prisoners.
CHAPTER III
DUTIES OF OFFICERS
Generally
8. Control
and duties of officers of prisons.
9. Officers
not to have business dealings with prisoners.
10. Officers
not-to be interested in prison-contracts.
Superintendent
11. Superintendent.
12. Records
to be kept by Superintendent.
Medical Officer
13. Duties
of Medical Officer.
14. Medical
Officer to report in certain cases.
15. Report
on death of prisoner.
Jailer
16. Jailer.
17. Jailer
to give notice of death of prisoner.
18. Responsibility
of Jailer.
19. Jailer
to be present at night.
20. Powers
of Deputy and Assistant Jailers.
Subordinate Officers
21. Duties
of gate-keeper.
22. Subordinate
officers not to be absent without leave.
23. Convict
Officers.
CHAPTER IV
ADMISSION, REMOVAL AND
DISCHARGE
OF PRISONERS
24. Prisoners
to be examined on admission.
25. Effects
of prisoners.
26. Removal
and discharge of prisoners.
CHAPTER V
DISCIPLINE OF PRISONERS
27. Separation
of prisoners.
28. Association
and segregation of prisoners.
29. Solitary
confinement.
30. Prisoners
under sentence of death.
CHAPTER VI
FOOD, CLOTHING AND BEDDING
OF
CIVIL AND UNCONVICTED
CRIMINAL
PRISONERS
31. Maintenance of certain prisoners from
private sources.
32. Restriction on transfer of food and
clothing between certain prisoners.
33. Supply of clothing and bedding to civil
and unconvicted criminal prisoners.
CHAPTER VII
EMPLOYMENT OF PRISONERS
34. Employment of civil prisoners.
35. Employment of criminal prisoners.
36. Employment of criminal prisoners
sentenced to simple imprisonment.
CHAPTER VIII
HEALTH OF PRISONERS
37. Sick
prisoners.
38. Record
of directions of Medical Officers.
39. Hospital.
CHAPTER IX
VISITS TO PRISONERS
40. Visits
to civil and unconvicted criminal prisoners.
41. Search
of visitors.
CHAPTER X
OFFENCES IN RELATION
TO
PRISONS
42. Penalty for introduction or removal of
prohibited articles into or from prison and communication with prisoners.
43. Power to arrest for offence under
section 42.
44. Publication of penalties.
CHAPTER XI
PRISON-OFFENCES
45. Prison-offences.
46. Punishment of such offences.
47. Plurality of punishments under section
46.
48. Award of punishments under sections 46
and 47.
49. Punishments to be in accordance with
foregoing sections.
50. Medical Officer to certify to fitness
of prisoner for punishment.
51. Entries in punishment-book.
52. Procedure on committal of heinous
offence.
53. Whipping.
54. Offences by prison subordinates.
CHAPTER XII
MISCELLANEOUS
55. Extramural
custody, control and employment of prisoners.
56. Confinement in irons.
57. Confinement of prisoner under sentence
of transportation in irons.
58. Prisoners
not to be ironed by Jailer except under necessity.
59. Power to make rules.
60. [Repealed]
61. Exhibition of copies of rules.
62. Exercise
of powers of Superintendent and Medical Officer.
THE SCHEDULE
[Repealed]
[1][1]The Prisons’ Act, 1894
(Act IX of 1894)
[22 March 1894]
An
Act to amend the law relating to Prisons.
WHEREAS it is expedient to amend the law
relating to prisons in [2][2][
It
is hereby enacted as follows:-
CHAPTER
I
PRELIMINARY
1. Title, extent and commencement.— (1) This Act may be called the Prisons’ Act,
1894.
[3][3][(2) It
extends to the whole of
(3) It shall come into force on the first day of
July, 1894.
(4) Nothing in this
Act shall apply to civil jails in [4][4][
2. [Repeal]. Repealed by the Repealing Act,
1938 (1 of 1938), section 2 and Schedule.
3. Definitions.— In this Act—
(1) “prison” means any jail or place used permanently or temporarily
under the general or special orders of a [7][7][Provincial 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 [8][8][Provincial Government] under section 541 of the [9][9]Code of Criminal Procedure, 1882; or
(c) any place which has been declared by the [10][10][Provincial Government], by general or special
order, to be a subsidiary jail:
(2) “criminal prisoner” means any prisoner duly
committed to custody under the writ, warrant or order of any Court or authority
exercising criminal jurisdiction, or by order of a Court-martial:
(3) “convicted criminal prisoner” means any
criminal prisoner under sentence of a Court or Court-martial, and includes a
person detained in prison under the provisions of Chapter VIII of the [11][11]Code of Criminal Procedure, 1882, or under the [12][12]Prisoners Act, 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 jails:
(6) “history-ticket”
means the ticket exhibiting such information as is required in respect of each
prisoner by this Act or the rules thereunder;
(7) and
(7-A) [13][13][* * *].
(8) “medical subordinate” means an Assistant
Surgeon, Apothecary or qualified hospital Assistant: and
(9) “prohibited article” means an article the
introduction or removal of which into or out of a prison is prohibited by any
rule under this Act.
CHAPTER
II
MAINTENANCE
AND OFFICERS OF PRISONS
4. Accommodation for prisoners.— The [14][14][Provincial Government] shall provide, for
the prisoners in the territories under such Government, accommodation in
prisons constructed and regulated in such manner as to comply with the
requisitions of this Act in respect of the separation of prisoners.
[15][15][5. Directors of Prisons.— Directors of Prisons shall be appointed for
the areas to be defined by the Provincial Government, and shall exercise,
subject to the orders of the Provincial Government, the general control and
superintendence of prisons and the staff employed in the prisons in the
respective areas for which they are appointed].
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 [16][16][Provincial Government] thinks necessary:
[17][17][* * * * *
* * * * * * * *]
[18][18][Provided further that in the Punjab the [19][19][Provincial 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].
7. Temporary
accommodation for prisoners.— Whenever it appears to the [20][20][Director of Prisons] that the number of prisoners
in any prison is greater than can conveniently or safely be kept therein, and
it is not convenient to transfer the excess number to some other prison,
or
whenever from the outbreak of epidemic disease within any prison, or for any
other reason, it is desirable to provide for the temporary shelter and safe
custody of any prisoners,
provision
shall be made, by such officer and in such manner as the [21][21][Provincial Government] may direct, for the
shelter and safe custody in temporary prisons of so many of the prisoners as
cannot be conveniently or safely kept in the prison.
CHAPTER
III
DUTIES
OF OFFICERS
Generally
8. Control and duties of officers of
prisons.— All officers of a
prison shall obey the directions of the Superintendent; all officers
subordinate to the Jailer shall perform such duties as may be imposed on them
by the Jailer with the sanction of the Superintendent or be prescribed by rules
under section [22][22][59].
9. Officers not to have business dealings
with prisoners.— No officer
of a prison shall sell or let, nor shall any person in trust for or employed by
him, sell or let or derive any benefit from selling or letting, any article to
any prisoner or have any money or other business dealings directly or
indirectly with any prisoner.
10. Officers
not-to be interested in prison-contracts.— No officer of a prison shall, nor shall any
person in trust for or employed by him, have any interest, direct or indirect,
in any contract for the supply of the prison; nor shall he derive any benefit,
directly or indirectly, from the sale or purchase of any article on behalf of
the prison or belonging to a prisoner.
Superintendent
11. Superintendent.— (1) Subject to the orders of the [23][23][Director of Prisons] the Superintendent
shall manage the prison in all matters relating to discipline, labour,
expenditure, punishment and control.
(2) Subject
to such general or special directions as may be given by the [24][24][Provincial Government], the Superintendent of a
prison other than a central prison or a prison situated in a presidency-town
shall obey all orders not inconsistent with this Act or any rule thereunder
which may be given respecting the prison by the District Magistrate, and shall
report to the [25][25][Director of Prisons] all such orders and the
action taken thereon.
12. Records to be kept by Superintendent.— The Superintendent shall keep, or cause to
be kept, the following records:-
(1) a
register of prisoners admitted;
(2) a
book showing when each prisoner is to be released;
(3) a
punishment-book for the entry of the punishments inflicted on prisoners for
prison-offences;
(4) a visitors’ book for the entry of any
observations made by the visitors touching any matters connected with the
administration of the prison;
(5) a record of the money and other articles
taken from prisoners;
and all such other
records as may be prescribed by rules under section 59 [26][26][* * *]
Medical
Officer
13. Duties of Medical Officer.— Subject to the control of the
Superintendent, the Medical Officer shall have charge of the sanitary
administration of the prison, and shall perform such duties as may be
prescribed by rules made by the [27][27][Provincial Government] under section [28][28][59].
14. Medical
Officer to report in certain cases.— Whenever the Medical Officer has reason to
believe that the mind of a prisoner is, or is likely to be, injuriously
affected by the discipline or treatment to which he is subjected, the Medical
Officer shall report the case in writing to the Superintendent, together with
such observations as he may think proper.
This
report, with the orders of the Superintendent thereon, shall forthwith be sent
to the [29][29][Director of Prisons] for information.
15. Report on death of prisoner.— On the death of any prisoner, the Medical
Officer shall forthwith record in a register the following particulars, so far
as they can be ascertained, namely:
(1) the
day on which the deceased first complained of illness or was observed to be
ill,
(2) the
labour, if any, on which he was engaged on that day,
(3) the
scale of his diet on that day,
(4) the
day on which he was admitted to hospital,
(5) the
day on which the Medical Officer was first informed of the illness,
(6) the
nature of the disease,
(7) when
the deceased was last seen before his death by the Medical Officer or Medical
Subordinate,
(8) when
the prisoner died, and
(9) (in
cases where a post-mortem examination is made) an account of the appearances
after death,
together with any special remarks that appear
to the Medical Officer to be required.
Jailer
16. Jailer.— (1) The Jailer shall reside in the prison, unless the Superintendent
permits him in writing to reside elsewhere.
(2) The Jailer shall not, without the [30][30][Director of Prisons’] sanction in writing,
be concerned in any other employment.
17. Jailer to give notice of death of prisoner.— Upon the death of a prisoner, the Jailer
shall give immediate notice thereof to the Superintendent and the Medical
Subordinate.
18. Responsibility of Jailer.— The Jailer shall be responsible for the safe
custody of the records to be kept under section 12, for the commitment warrants
and all other documents confined to his care, and for the money and other
articles taken from prisoners.
19. Jailer to be present at night.— The Jailer shall not be absent from the
prison for a night without permission in writing from the Superintendent; but,
if absent without leave for a night from unavoidable necessity, he shall
immediately report the fact and the cause of it to the Superintendent.
20. Powers of Deputy and Assistant Jailers.— Where a Deputy Jailer or Assistant Jailer is
appointed to a prison, he shall, subject to the orders of the Superintendent,
be competent to perform any of the duties, and be subject to all the
responsibilities, of a Jailer under this Act or any rule thereunder.
Subordinate
Officers
21. Duties of
gate-keeper.— The officer acting as gate-keeper, or any other officer of the prison,
may examine anything carried in or out of the prison, and may stop and search
or cause to be searched any person suspected of bringing any prohibited article
into or out of the prison, or of carrying out any property belonging to the
prison, and if any such article or property be found, shall give immediate
notice thereof to the Jailer.
22. Subordinate officers not to be absent
without leave.— Officers
subordinate to the Jailer shall not be absent from the prison without leave
from the Superintendent or from the Jailer.
23. Convict Officers.— Prisoners who have been appointed as
officers of prisons shall be deemed to be public servants within the meaning of
the Pakistan Penal Code.
CHAPTER
IV
ADMISSION,
REMOVAL AND DISCHARGE OF PRISONERS
24. Prisoners to be examined on admission.— (1) Whenever a prisoner is admitted into
prison, he shall be searched, and all weapons and prohibited articles shall be
taken from him.
(2) Every criminal prisoner shall also, as
soon as possible after admission, be examined under the general or special
orders of the Medical Officer, who shall enter or cause to be entered in a
book, to be kept by the Jailer, a record of the state of the prisoner’s health,
and of any wounds or marks on his person, the class of labour he is fit for if
sentenced to rigorous imprisonment, and any observations which the Medical
Officer thinks fit to add.
(3) In the case of female prisoners the
search and examination shall be carried out by the matron under the general or
special orders of the Medical Officer.
25. Effects of prisoners.— All money or other articles in respect
whereof no order of a competent Court has been made, and which may with proper
authority be brought into the prison by any criminal prisoner or sent to the
prison for his use, shall be placed in the custody of the Jailer.
26. Removal and discharge of prisoners.— (1) All prisoners, previously to being
removed to any other prison, shall be examined by the Medical Officer.
(2) No prisoner shall be removed from one
prison to another unless the Medical Officer certifies that the prisoner is
free from any illness rendering him unfit for removal.
(3) No prisoner shall be discharged against
his will from prison, if labouring under any acute or dangerous distemper, nor
until, in the opinion of the Medical Officer, such discharge is safe.
CHAPTER
V
DISCIPLINE
OF PRISONERS
27. Separation of prisoners.— The requisitions of this Act with respect to
the separation of prisoners are as follows:-
(1) in
a prison containing female as well as male prisoners, the females shall be
imprisoned in separate buildings, or separate parts of the same building, in
such manner as to prevent their seeing, or conversing or holding any
intercourse with, the male prisoners;
(2) in
a prison where male prisoners under the age of [31][31][twenty-one] are confined, means shall be
provided for separating them altogether from the other prisoners and for
separating those of them who have arrived at the age of puberty from those who
have not;
(3) unconvicted
criminal prisoners shall be kept apart from convicted criminal prisoners; and
(4) civil
prisoners shall be kept apart from criminal prisoners.
28. Association and segregation of prisoners.— Subject to the requirements of the last
foregoing section, convicted criminal prisoners may be confined in association
or individually in cells or partly in one way and partly in the other.
29. Solitary confinement.— No cell shall be used for solitary
confinement unless it is furnished with the means of enabling the prisoner to
communicate at any time with an officer of the prison, and every prisoner so
confined in a cell for more than twenty-four hours, whether as a punishment or
otherwise, shall be visited at least once a day by the Medical Officer or
Medical Subordinate.
30. Prisoners under sentence of death.— (1) Every prisoner under sentence of death
shall, immediately on his arrival in the prison after sentence, be searched by,
or by order of, the Jailer and all articles shall be taken from him which the
Jailer deems it dangerous or inexpedient to leave in his possession.
(2) Every such prisoner shall be confined in
a cell apart from all other prisoners, and shall be placed, by day and by
night, under the charge of a guard.
CHAPTER
VI
FOOD,
CLOTHING AND BEDDING OF CIVIL AND UNCONVICTED CRIMINAL PRISONERS
31. Maintenance
of certain prisoners from private sources.— A civil prisoner or an unconvicted criminal
prisoner shall be permitted to maintain himself, and to purchase, or receive
from private sources at proper hours, food, clothing, bedding or other
necessaries, but subject to examination and to such rules as may be approved by
the [32][32][Director of Prisons].
32. Restriction on transfer of food and clothing
between certain prisoners.—
No part of any food, clothing, bedding or other necessaries belonging to any
civil or unconvicted criminal prisoner shall be given, hired or sold to any
other prisoner; and any prisoner transgressing the provisions of this section
shall lose the privilege of purchasing food or receiving it from private
sources, for such time as the Superintendent thinks proper.
33. Supply of clothing and bedding to civil and
unconvicted criminal prisoners.— (1) Every civil prisoner and unconvicted criminal prisoner unable to
provide himself with sufficient clothing and bedding shall be supplied by the
Superintendent with such clothing and bedding as may be necessary.
(2) When any civil prisoner has been
committed to prison in execution of a decree in favour of a private person,
such person, or his representative, shall, within forty-eight hours after the
receipt by him of a demand in writing pay to the Superintendent the cost of the
clothing and bedding so supplied to the prisoner; and in default of such
payment the prisoner may be released.
CHAPTER
VII
EMPLOYMENT
OF PRISONERS
34. Employment of
civil prisoners.— (1) Civil prisoners may, with the Superintendent’s permission, work and
follow any trade or profession.
(2) Civil prisoners finding their own
implements, and not maintained at the expense of the prison shall be allowed to
receive the whole of their earnings; but the earnings of such as are furnished
with implements or are maintained at the expense of the prison shall be subject
to a deduction to be determined by the Superintendent, for the use of
implements and the cost of maintenance.
35. Employment of
criminal prisoners.— (1) No criminal prisoner sentenced to labour or employed
on labour at his own desire shall, except on an emergency with the sanction in
writing of the Superintendent, be kept to labour for more than nine hours in
any one day.
(2) The Medical Officer shall from time to
time examine the labouring prisoners while they are employed, and shall at
least once in every fortnight cause to be recorded upon the history-ticket of
each prisoner employed on labour the weight of such prisoner at the time.
(3) When the Medical Officer is of opinion
that the health of any prisoner suffers from employment on any kind or class of
labour, such prisoner shall not be employed on that labour but shall be placed
on such other kind or class of labour as the Medical Officer may consider
suited for him.
36. Employment of criminal prisoners sentenced
to simple imprisonment.—
Provision shall be made by the Superintendent for the employment (as long as
they so desire) of all criminal prisoners sentenced to simple imprisonment; but
no prisoner not sentenced to rigorous imprisonment shall be punished for
neglect of work excepting by such alteration in the scale of diet as may be
established by the rules of the prison in the case of neglect of work by such a
prisoner.
CHAPTER
VIII
HEALTH
OF PRISONERS
37. Sick prisoners.— (1) The names of prisoners desiring to see
the Medical Subordinate or appearing out of health in mind or body shall,
without delay, be reported by the officer in immediate charge of such prisoners
to the Jailer.
(2) The Jailer shall, without delay, call
the attention of the Medical Subordinate to any prisoners desiring to see him,
or who is ill, or whose state of mind or body appears to require attention, and
shall carry into effect all written directions given by the Medical Officer or
Medical Subordinate respecting alterations of the discipline or treatment of
any such prisoner.
38. Record of directions of Medical Officers.— All directions given by the Medical Officer
or Medical Subordinate in relation to any prisoner, with the exception of
orders for the supply of medicines or directions relating to such matters as
are carried into effect by the Medical Officer himself or under his
superintendence, shall be entered day by day in the prisoner’s history-ticket
or in such other record as the [33][33][Provincial Government] may by rule direct,
and the Jailer shall make an entry in its proper place stating in respect of
each direction the fact of its having been or not having been complied with,
accompanied by such observations, if any, as the Jailer thinks fit to make, and
the date of the entry.
39. Hospital.— In every prison an hospital or proper place for the reception of sick
prisoners shall be provided.
CHAPTER
IX
VISITS
TO PRISONERS
40. Visits to civil and unconvicted criminal
prisoners.— Due provision
shall be made for the admission, at proper times and under proper restrictions,
into every prison of persons with whom civil or unconvicted criminal prisoners
may desire to communicate, care being taken that so far as may be consistent
with the interests of justice, prisoners under trial may see their duly
qualified legal advisers without the presence of any other person.
41. Search of visitors.— (1) The Jailer may demand the name and
address of any visitor to a prisoner, and, when the Jailer has any ground for
suspicion, may search any visitor, or cause him to be searched but the search
shall not be made in the presence of any prisoner or of another visitor.
(2) In case of any such visitor refusing to
permit himself to be searched, the Jailer may deny him admission; and the
grounds of such proceeding, with the particulars thereof, shall be entered in
such record as the [34][34][Provincial Government] may direct.
CHAPTER
X
OFFENCES
IN RELATION TO PRISONS
42. Penalty for
introduction or removal of prohibited articles into or from prison and
communication with prisoners.— Whoever, contrary to any rule under section [35][35][59] introduces or
removes or attempts by any means whatever to introduce or remove, into or from
any prison, or supplies or attempts to supply to any prisoner outside the
limits of a prison, any prohibited article,
and
every officer of a prison who, contrary to any such rule, knowingly suffers any
such article to be introduced into or removed from any prison, to be possessed
by any prisoner, or to be supplied to any prisoner outside the limits of a
prison,
and
whoever, contrary to any such rules, communicates or attempts to communicate
with any prisoner,
and
whoever abets any offence made punishable by this section,
shall, on conviction before a Magistrate, be
liable to imprisonment for a term not exceeding six months, or to fine not
exceeding two hundred rupees, or to both.
43. Power to arrest for offence under section
42.— When any person, in the
presence of any officer of a prison, commits any offence specified in the last
foregoing section, and refuses on demand of such officer to state his name and
residence, or gives a name or residence which such officer knows, or has reason
to believe, to be false, such officer may arrest him, and shall without
unnecessary delay make him over to a Police-officer, and thereupon such
Police-officer shall proceed as if the offence had been committed in his
presence.
44. Publication of penalties.— The Superintendent shall cause to be
affixed, in a conspicuous place outside the prison, a notice in English and the
Vernacular setting forth the acts prohibited under section 42 and the penalties
incurred by their commission.
CHAPTER
XI
PRISON-OFFENCES
45. Prison-offences.— The following acts are declared to be
prison-offences when committed by a prisoner:-
(1) such
wilful disobedience to any regulation of the prison as shall have been declared
by rules made under section 59 to be a prison-offence;
(2) any
assault or use of criminal force;
(3) the
use of insulting or threatening language;
(4) immoral
or indecent or disorderly behaviour;
(5) wilfully
disabling himself from labour;
(6) contumaciously
refusing to work;
(7) filing,
cutting, altering or removing handcuffs, fetters or bars without due authority;
(8) wilful
idleness or negligence at work by any prisoner sentenced to rigorous
imprisonment.
(9) wilful
mismanagement of work by any prisoner sentenced to rigorous imprisonment;
(10) wilful
damage to prison-property;
(11) tampering
with or defacing history-tickets, records or documents;
(12) receiving,
possessing or transferring any prohibited article;
(13) feigning
illness;
(14) wilfully
bringing a false accusation against any officer or prisoner;
(15) omitting
or refusing to report, as soon as it comes to his knowledge, the occurrence of
any fire, any plot or conspiracy, any escape, attempt or preparation to escape,
and any attack or preparation for attack upon any prisoner or prison-official;
and
(16) conspiring
to escape, or to assist in escaping, or to commit any other of the offences
aforesaid.
46. 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 [36][36][for such period as may be prescribed by
rules made by the [37][37][Provincial Government];
(3) hard
labour for a period not exceeding seven days in the case of convicted criminal
prisoners not sentenced to rigorous imprisonment;
(4) such
loss of privileges admissible under the remission system for the time being in
force as may be prescribed by rules made by the [38][38][Provincial 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 [39][39][Provincial 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 [40][40][Provincial Government];
(8) separate
confinement for any period not exceeding [41][41][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 [42][42][Provincial Government]:
Provided that such
restriction of diet shall in no 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;
[43][43][* * * * *
* * * * * * * *]
[44][44][(11)] penal
diet as defined in clause (9) combined with [45][45][cellular] confinement [46][46][* * *];
[47][47][(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.
47. Plurality of punishments under section 46.— [48][48][(1)] Any two of the punishments enumerated
in the last foregoing section may be awarded for any such offence in
combination, subject to the following exceptions, namely:-
(1) formal
warning shall not be combined with any other punishment except loss of
privileges under clause (4) of that section;
(2) penal
diet shall not be combined with change of labour under clause (2) of that
section, nor shall any additional period of penal diet awarded singly be
combined with any period of penal diet awarded in combination with [49][49][cellular]
confinement;
[50][50][(3) cellular
confinement shall not be combined with separate confinement, so as to prolong
the total period of seclusion to which the prisoner shall be liable];
(4) whipping
shall not be combined with any other form of punishment except cellular [51][51][and] separate confinement and loss of
privilege admissible under the remission system;
[52][52][(5) no
punishment will be combined with any other punishment in contravention of rules
made by the [53][53][Provincial Government].]
[54][54][(2) No
punishment shall be awarded for any such offence so as to combine, with the
punishment awarded for any other such offence, two of the punishments which may
not be awarded in combination for any such offence].
48. Award of punishments under sections 46 and
47.— (1) The Superintendent
shall have power to award any of the punishments enumerated in the two last
foregoing sections, subject, in the case of separate confinement for a period
exceeding one month, to the previous confirmation of the [55][55][Director of Prisons].
(2) No officer subordinate to the
Superintendent shall have power to award any punishment whatever.
49. Punishments to be in accordance with
foregoing sections.— Except
by order of a Court of Justice, no punishment other than the punishments
specified in the foregoing sections shall be inflicted on any prisoner, and no
punishment shall be inflicted on any prisoner otherwise than in accordance with
the provisions of those sections.
50. Medical Officer to certify to fitness of
prisoner for punishment.—
(1) No punishment of penal diet, either singly or in combination, or of
whipping, or of change of labour under section 46, clause (2), shall be
executed until the prisoner to whom such punishment has been awarded has been
examined by the Medical Officer, who, if he considers the prisoner fit to
undergo the punishment, shall certify accordingly in the appropriate column of
the punishment-book prescribed in section 12.
(2) If he considers the prisoner unfit to
undergo the punishment, he shall in like manner record his opinion in writing
and shall state whether the prisoner is absolutely unfit for punishment of the
kind awarded, or whether he considers any modification necessary.
(3) in the latter case he shall state what
extent of punishment he thinks the prisoner can undergo without injury to his
health.
51. Entries in
punishment-book.— (1) In the punishment-book prescribed in section 12 there shall be
recorded, in respect of every punishment inflicted, the prisoner’s name,
register number and the class (whether habitual or not) to which he belongs,
the prison-offence of which he was guilty, the date on which such prison-offence
was committed, the number of previous prison-offences recorded against the
prisoner, and the date of his last prison-offence, the punishment awarded, and
the date of infliction.
(2) In the case of every serious
prison-offence, the names of the witnesses proving the offence shall be
recorded, and, in the case of offences for which whipping is awarded, the
Superintendent shall record the substance of the evidence of the witnesses, the
defence of the prisoner, and the finding with the reasons therefor.
(3) Against the entries relating to each
punishment the Jailer and Superintendent shall affix their initials as evidence
of the correctness of the entries.
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 [56][56][* * *] 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:
[57][57][Provided that any such case may be transferred
for inquiry and trial by the District Magistrate to any Magistrate of the first
class [58][58][* * *]:] and
Provided
also that no person shall be punished twice for the same offence.
53. Whipping.— (1) No punishment of whipping shall be inflicted in instalments, or
except in the presence of the Superintendent and Medical Officer or Medical
Subordinate.
(2) Whipping shall be inflicted with a light
ratan not less than half an inch in diameter on the buttocks, and in case of
prisoners under the age of sixteen it shall be inflicted, in the way of school
discipline, with a lighter ratan.
54. Offences by prison subordinates.— (1) Every Jailer or officer of a prison
subordinate to him who shall be guilty of any violation of duty or wilful
breach or neglect of any rule or regulation or lawful order made by competent
authority or who shall withdraw from the duties of his office without
permission, or without having given previous notice in writing of his intention
for the period of two months, or who shall wilfully overstay any leave granted
to him, or who shall engage without authority in any employment other than his
prison-duty, or who shall be guilty of cowardice, shall be liable, on
conviction before a Magistrate, to fine not exceeding two hundred rupees, or to
imprisonment for a period not exceeding three months, or to both.
(2) No person shall under this section be
punished twice for the same offence.
CHAPTER
XII
MISCELLANEOUS
55. Extramural custody, control and employment of
prisoners.— A prisoner, when
being taken to or from any prison in which he may be lawfully confined, or
whenever he is working outside or is otherwise beyond the limits of any such
prison in or under the lawful custody or control of a prison-officer belonging
to such prison, shall be deemed to be in prison shall be subject to all the
same incidents as if he were actually in prison.
56. Confinement in irons.— Whenever the Superintendent considers it
necessary (with reference either to the state of the prison or the character of
the prisoners) for the safe custody of any prisoners that they should be
confined in irons, he may, subject to such rules and instructions as may be laid
down by the [59][59][Director of Prisons] with the sanction of
the [60][60][Provincial Government], so confine them.
57. Confinement of prisoner under sentence of
transportation in irons.—
(1) Prisoners under sentence of [61][61][imprisonment for life] may, subject to any
rules made under section [62][62][59], be confined in fetters for the first
three months after admission to prison.
(2) Should the Superintendent consider it
necessary, either for the safe custody of the prisoner himself or for any other
reason, that fetters should be retained on any such prisoner for more than
three months, he shall apply to the [63][63][Director
of Prisons] for sanction to their retention for the period for which he
considers their retention necessary, and the [64][64][Director
of Prisons] may sanction such retention accordingly.
58. Prisoners not to be ironed by Jailer
except under necessity.— No
prisoner shall be put in irons or under mechanical restraint by the Jailer of
his own authority, except in case of urgent necessity, in which case notice
thereof shall be forthwith given to the superintendent.
59. Power to make rules.— [65][65][The Provincial Government] may make rules
consistent with this Act—
(1) defining
the act which shall constitute prison-offences;
(2) determining
the classification of prison-offences into serious and minor offences;
(3) fixing
the punishments admissible under this Act which shall be awardable for
commission of prison-offences or classes thereof;
(4) declaring
the circumstances in which acts constituting both a prison-offence and an
offence under the Pakistan Penal Code may or may not be dealt with as a
prison-offence;
(5) for the award of marks and the shortening of
sentences; [66][66][so, however, that a sentence of imprisonment for
life is not shortened to a period of imprisonment less than 15 years];
(6) regulating
the use of arms against any prisoner or body of prisoners in the case of an
outbreak or attempt to escape;
(7) defining
the circumstances and regulating the conditions under which prisoners in danger
of death may be released;
[67][67][(8) for
the classification of prisons, and description and construction of wards, cells
and other places of detention;
(9) for
the regulation by numbers, length or character of sentences, or otherwise, of
the prisoners to be confined in each class of prisons];
(10) for
the government of prisons and for the appointment of all officers appointed
under this Act;
(11) as to the food, bedding and clothing of
criminal prisoners and of civil prisoners maintained otherwise than at their
own cost;
(12) for
the employment, instruction and control of convicts within or without prisons;
(13) for
defining articles the introduction or removal of which into or out of prisons
without due authority is prohibited;
(14) for
classifying and prescribing the forms of labour and regulating the periods of
rest from labour;
(15) for
regulating the disposal of the proceeds of the employment of prisoners;
(16) for
regulating the confinement in fetters of prisoners sentenced to [68][68][imprisonment for life];
(17) for
the classification and the separation of prisoners;
(18) for
regulating the confinement of convicted criminal prisoners under section 28;
(19) for
the preparation and maintenance of history-tickets;
(20) for
the selection and appointment of prisoners as officers of prisons;
(21) for
rewards for good conduct;
(22) for
regulating the transfer of prisoners whose term of [69][69][imprisonment for life or shorter] or
imprisonment is about to expire; subject, however, to the consent of the
Provincial Government of any other Province to which a prisoner is to be
transferred;
(23) for
the treatment, transfer and disposal of criminal lunatics or recovered criminal
lunatics confined in prisons;
(24) for
regulating the transmission of appeals and petitions from prisoners and their
communications with their friends;
(25) for
the appointment and guidance of visitors of prisons;
(26) for
extending any or all of the provisions of this Act and of the rules thereunder
to subsidiary jails or special places of confinement appointed under section
541 of the [70][70]Code of Criminal Procedure, 1882, and to the
officers employed, and the prisoners confined, therein;
(27) in
regard to the admission, custody, employment, dieting, treatment and release of
prisoners; and
(28) generally
for carrying into effect the purposes of this Act.
60. [Power of Local Government to make rules].
Repealed by A.O., 1937.
61. Exhibition of copies of rules.— Copies of rules, under [71][71][section 59] so far as they affect the
government of prisons, shall be exhibited, both in English and in the
Vernacular, in some place to which all persons employed within a prison have
access.
62. Exercise of powers of Superintendent and
Medical Officer.— All or any
of the powers and duties conferred and imposed by this Act on a Superintendent
or Medical Officer may in his absence be exercised and performed by such other
officer as the [72][72][Provincial Government] may appoint in this
behalf either by name or by his official designation.
THE SCHEDULE-[ENACTMENTS REPEALED]. Repealed by the Repealing Act, 1938 (I of 1938), section 2 and Schedule.
[1][1]For statement of objects and
reasons, see Gazette of India, 1894,
Pt V, p.14; for Report of the Select Committee, see ibid., p. 63, and for Proceedings in Council, see ibid., Pt. VI, pp. 10, 21, 93, 126
and 139.
This Act has been applied to Phulera in the Excluded Area of Upper
Tanawal to the extent the Act is applicable in the N.W.F.P., subject to certain
modification, see ibid N.W.F.P. (Upper Tanawal) (Excluded
Area) Laws Regulation, 1950.
It has been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950
(G.G.O. III of 1950), and applied in the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I, p. 1499.
It has been extended to the Excluded Area of Upper Tanawal other
than Phulera by the N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation,
1950 and declared to be in force in that area with effect from 1st June, 1951 see N.W.F.P. Gazette, Extraordinary,
dated 1st June, 1951.
[2][2]Substituted by the Central
Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd Schedule
(with effect from the 14th October, 1955), for “the Provinces and the Capital
of the Federation” which had been substituted by the Adaptation of Central Acts
and Ordinances Order, 1949 (G.G.O. 4 of 1949), Articles 3 (2) and 4, for “
[3][3]Substituted ibid., for the existing sub-section (2),
as amended by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of
1951).
[4][4]Substituted by the Adaptation
of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Schedule, for
“the Presidency of
[5][5]Substituted by the Central
Adaptation of Laws Order, 1964 (P.O. 1 of 1964), Article 2 and Schedule, for
“Federal Territory of Karachi” which had been Substituted by the Repealing and
Amending Ordinance, 1961 (I of 1961), section 3 and 2nd Schedule, for “Capital
of the Federation”.
[6][6]The Civil Jails Act, 1874.
[7][7]Substituted by the Government
of
[8][8]Ibid.
[9][9]X of 1882, subsequently
substituted by the Code of Criminal Procedure, 1898.
[10][10]Substituted by the Government
of
[11][11]X of 1882, subsequently replaced
by the Code of Criminal Procedure, 1898.
[12][12]V of 1871, subsequently
replaced by the Prisons Act, 1900.
[13][13]Clause (7-A) was inserted by
the Prisons (West Pakistan Amendment) Act, 1958 (XLI of 1958); however, this
clause and clause (7) were deleted by the
[14][14]Substituted by the Government
of
[15][15]Substituted by the
[16][16]Substituted by the Government
of
[17][17]Deleted by the Adaptation of
Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949).
[18][18]Added by the Prisons (
[19][19]Substituted by the Government
of
[20][20]Substituted, for “Inspector
General”, by the
[21][21]Substituted by the Government
of
[22][22]Substituted
by the Government of
[23][23]Substituted by the
[24][24]Substituted by the Government
of
[25][25]Substituted by the
[26][26]The words and figures “or
section 60” repealed by the Government of India (Adaptation of Indian Laws)
Order, 1937 as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order, 1937.
[27][27]Substituted ibid., for “Local Government”.
[28][28]Substituted ibid., for “60”.
[29][29]Substituted by the
[30][30]Ibid.
[31][31]Substituted by the Prisons
(Amendment), Act, 1930 (VI of 1930), section 2, for “eighteen”.
[32][32]Substituted by the
[33][33]Substituted by the Government
of
[34][34]Substituted by the Government
of
[35][35]Substituted ibid., for “60”.
[36][36]Inserted by section 2(a) of
the Prisons (Amendment) Act, 1925 (XVII of 1925).
[37][37]Substituted by the Government
of
[38][38]Ibid.
[39][39]Ibid.
[40][40]Ibid.
[41][41]Substituted by the Prisons
(Amendment) Act, 1925 (XVII of 1925), for “Six”.
[42][42]Substituted by the Government
of
[43][43]Original clause (11) was
repealed and clauses (12) and (13) were renumbered as (11) and (12),
respectively, by the Prisons (Amendment) Act, 1925 (XVII of 1925).
[44][44]Ibid.
[45][45]Substituted ibid., for “solitary”.
[46][46]The words “as defined in
clause (11)”, repealed ibid.
[47][47]Re-numbered ibid.
[48][48]The original section 47 was
renumbered as section 47 (1), by the Prisons (Amendment) Act, 1925 (XVII of
1925).
[49][49]Substituted ibid., section 2, for “solitary”.
[50][50]Substituted ibid., section 3.
[51][51]Substituted by the Repealing
and Amending Act, 1914 (X of 1914), section 2 and schedule I, for “or”.
[52][52]Inserted by the Prisons
(Amendment) Act, 1925 (XVII of 1925).
[53][53]Substituted by the Government
of
[54][54]Inserted by the Prisons
(Amendment) Act, 1925 (XVII of 1925).
[55][55]Substituted by the
[56][56]The words “or Presidency
Magistrate” which were Inserted by the Prisons (Amendment) Act, 1910 (XIII of
1910), section 2 (1), omitted by the Adaptation of Central Acts and Ordinances
Order, 1949 (G.G.O. 4 of 1949).
[57][57]Substituted by the Prisons
(Amendment) Act, 1910 (XIII of 1910), section 2(2) for the original proviso.
[58][58]The words “and by a Chief
Presidency Magistrate to any other Presidency Magistrate” omitted by the
Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949).
[59][59]Substituted by the
[60][60]Substituted by the Government
of
[61][61]Substituted by the Law
Reforms Ordinance, 1972 (XII of 1972), for “transportation”.
[62][62]Substituted
by the Government of
[63][63]Substituted by the
[64][64]Ibid.
[65][65]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “The G.G. in C. may for any part
of British India, and each Local Government with the previous sanction of the
G.G. in C. may for the territories under its administration”.
[66][66]Inserted by the Law Reforms
Ordinance, 1972 (XII of 1972).
[67][67]Substituted by the Government
of
[68][68]Substituted by the Law
Reforms Ordinance, 1972 (XII of 1972), for “transportation”.
[69][69]Ibid.
[70][70]X of 1882, subsequently
replaced by the Code of Criminal Procedure, 1898 (V of 1898).
[71][71]Substituted by the Government
of
[72][72]Substituted ibid., for “Local Government”.
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