Prisons Act, 1894

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THE PRISONS ACT, 1894 
 
 
 
CONTENTS 
CHAPTER 1 
PRELIMINARY 
1.  Title, extent and commencement 
2.  [Repealed.] 
3.  Definitions 
CHAPTER II 
MAINTENANCE AND OFFICERS OF PRISONS 
4.  Accommodation for prisoners 
5.  Inspector-General 
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 
 
 

 
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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 DISCHARGES 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 
 
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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 prisoner from private sources 
32.  Restriction on transfer of food and clothing between certain prisoners 
33.  Supply of clothing and bedding to civil and unconvinced 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 OF PRISONERS 
40.  Visits to civil and unconvicted criminal prisoners 
41.  Search of visitors 
 
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CHAPTER X 
OFFENCES IN RELATION TO PRISONS 
42.  Penalty for introduction or removal of prohibited article 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 prisons 
56.  Confinement in irons 
57.  Confinements of prisoners under sentence of transportation in irons 
58.  Prisoners not to be ironed by Jailer except under necessity 
59.  Power to make rules 
60.  [Repealed.]  
 
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61.  Exhibition of copies of rules 
62.  Exercise of powers of Superintendent and Medical Officer 
THE SCHEDULE.—[Repealed.] 
 
 
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THE PRISONS ACT, 1894 
1ACT No. IX OF 1894 
[22nd March, 1894] 
An Act to amend the law relating to Prisons 
 Whereas it is expedient to amend the law relating to prisons in 2[Pakistan], and to provide 
rules for the regulation of such prisons, It is hereby enacted as follows:- 
CHAPTER 1 
PRELIMINARY 
 1. Title, extent and commencement.__(1) This Act may be called the Prisons Act, 1894.  
 3[(2) It extends to the whole of Pakistan.] 
 (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[Sind and the 5[Karachi Division]] and 
those jails shall continue to be administered under the provisions of Section 9 to 16 (both inclusive) 
of 6Bombay Act, II of 1874, as amended by subsequent enactments. 
 2. [Repeal.] Rep. by the repealing Act, 1938 (I of 1938), s. 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 2[Provincial Government] for the detention of 
prisoners, and includes all lands and buildings appurtenant thereto, but does 
not include- 
 
1For 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.l0, 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 
modifications; see 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. 3 of 1950); and applied in the Federated 
Areas of Baluchistan, see Gaz. of India, 1937, Pt. I, p. 1499. 
It has been extended to the Excluded Area of Upper T1inawal other than Phulera by the N.W.F.P., (Uper Tanawal) (Excluded Area) Laws Regulation, 
1950 and declared to be in force in that area with effect from 1st June, 1951, see NW.F.P., Gazette, Extraordinary, dated 1st June, 
1951. 
It has been amended in its application to the Province of West Pakistan by West Pakistan Act 41 of 1958. . 
The Act, as in force in the North-West Frontier Province immediately before the commencement of N.W.F.P. Regulation No. II of 1974 has been 
applied to the Provincially Administered Tribal Areas of Chitral, Dir, Kalam, Swat and Malakand Protected Area by N.W.F.P., Regulation, No. II of 
1974, s. 3. 
This Act has been amended in its application to the province of Sind by the Sind Act No. 17 of 1975, s. 3 and 2nd Sch. 
This Act has been amended to the extent of Islamabad Capital Territory, see Ordinance No. 27 of 1981, S. 5 and Sch. IV.  
2Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for “the 
Provinces and the Capital of the Federation” which had been subs. by A.O. 1949, Arts. 3(2) and 4, for “British India.”.  
3Subs. by Ord. 21 of 1960, s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for the existing sub-section (2), as amended by the Federal Laws 
(Revision and Declaration) Act, 1951 (26 of 1951). 
4Subs. by A. O., 1949, Sch. fur “the Presidency of-Bombay outside the City of Bombay”. 
5Subs. by A. O., 1964, Art 2 and Sch., for “Federal Tcrritory of Karachi” which had been subs. by the Repealing and Amending Ordinance, 1961 (1 of 
1961), s. 3 and 2nd Sch., for “Capital of the Fedoration”:  
6The Civil Jails Act, 1874. 
 
 
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(a)  any place for the confinement of prisoners who are exclusively in the 
custody of the police ; 
(b)  any place specially appointed by the 1[Provincial Government] under 
Section 541 of the 2[Code of Criminal Procedure, 1898 (Act V of 
1898)] ; or 
(c)  any place which has been declared by the 1[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 2[Code of Criminal Procedure, 1898 (Act V 
of 1898)] or under the 2[Prisoners Act, 1900 (III of 1900)] ; 
(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)  “Inspector-General” means the Inspector-General of Prisons : 
[(7-A)  “Deputy Inspector-General” means the Deputy Inspector-General of Prison] ; 
(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 
 
 
 
1Subs. by: A. 0.,1937, for “L. G.”. 
2Subs. by Ord. XXVII of 1981, s. 5 and Sch. IV (only to the extent of Islamabad. Capital Territory). 
 
 
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 4. Accommodation for prisoners. The 1[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. 
 5. Inspector-General. An Inspector-General2 shall be appointed for the territories subject to 
each 1[Provincial Government], and shall exercise, subject to the orders of the Provincial 
Government, the general control and superintendence of all prisons situated in the territories under 
such Government. 
 36. 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 
1[Provincial Government] thinks necessary. 
 4* * * * * * 
 7. Temporary accommodation for prisoners. Whenever it appears to me inspector General 
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 a 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 1[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. 
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 1[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 [59]5. 
 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. 
 
lSubs. by A. O.,1937, for “L. G.”. 
2For notification appointing an Inspector General for the N.W.F.P., see Gazette of India , 1901, Pt. II, p. 1305. 
3A further proviso has been added to s.6 in its application to the Punjab by the Prisons (Punjab Amdt.) Act, 1926 (Punjab 9 of 1926), s.2. 
4The Original proviso as amended by A.O. 1937, omitted by A.O., 1949, Sch. 
5Subs. by A. O., 1937, for “60”. 
 
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 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 Inspector-General, 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 maybe given by the 1[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 Inspector-
General 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 59.1 * * * 
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 2duties 
as may be prescribed by rules made by the 3[Provincial Government] under Section 4[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 
Inspector-General for information. 
 
1Subs.ibid., for “L.G.”. 
 
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 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 Inspector-General's 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 confided 
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. 
1The words and figures “or section 60” rep. by A. 0., 1937. 
2For rules as to Medical Officer's duties under s. 13, see different local Rules and Orders. 
3Subs. by A. O., 1937, for “L. G.”. 
4Suhs. ibid., for “60”. 
 
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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 (Act XLV of 1860). 
__________ 
CHAPTER IV 
ADMISSION, REMOVAL AND DISCHARGES 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 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 laboring under any acute 
or dangerous distemper, nor until, In the opinion of the Medical Officer; such discharge is safe. 
 
 
 
 
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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 1[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 either 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 prisoners 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, t he Jailer and 
all articles shall be taken from him which the Jailer deems it dangerous or independent 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 prisoner 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 Inspector-General. 
 
1Subs. by the Prisons (Amdt.) Act, 1930 (6 of 1930) s. 2, for “eighteen”. 
 
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 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 unconvinced criminal prisoners.___(1) 
Every civil prisoner and unconvinced 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 expertise 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 prisoners 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. 
 
 
 
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CHAPTER VIII 
HEALTH OF PRISONERS 
 37. Sick prisoners.___(1) The names of prisoner 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 1[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 OF 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 unconivted criminal prisoners may desire to communicate, care being take n 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 1[Provincial Government] may direct. 
 
 
1Subs. by A. O., 1937, for “L.G.”. 
 
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CHAPTER X 
OFFENCES IN RELATION TO PRISONS 
 42. Penalty for introduction or removal of prohibited article into or from prison and 
communication with prisoners. Whoever, contrary to any rule under Section 1[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 rule, 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 office 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 cons- 
Publication picuous 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; 
 
1Subs. ibid., for “60”. 
 
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(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. 
 146. 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 2[for such period as may be 
prescribed by rules made by the 3[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 3[Provincial Government]; 
 (5) the substitution of gunny or other coarse fabric for clothing of other material, not being 
woolen, for a period which shall not exceed three months; 
 
1For rules issued with reference to clauses (4), (6) and (7) of section 46, see Gen. R. & O. 
2Ins. by s. 2(a) of the Prisons (Amdt.) Act, 1925(17 of 1925). 
3Subs. by A.O., 1937, for “G.G. in C.”. 
 
Page 17 of 22 
 
 (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 1[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 1[Provincial Government]; 
 (8) separate confinement for any period not exceeding 2[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 3[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; 
 4* * * * * * * 
 
 4[(11)] penal diet as defined in clause (9) combined with 5[cel1ular] Confinement 6* * *; 
 4[(12)] whipping, provided that the number of stripes shall not exceed thirty; 
 Provided that no thing in this section shall render any female or civil prisoner liable to the 
imposition of any form of handcuffs or fetters, or to whipping. 
 7[47. Plurality of punishments under section 46 .___(1)] Any two of the punishments 
enumerated in the last foregoi ng 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 sh all 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 8[cellular] confinement; 
 
1Subs. by A.O., 1937, for “G. G. in C.”. 
2Subs. by the Prisons (Amdt.) Act, 1925 (17 of 1925), s.2 (b), for “six”. 
3Subs. by A. O., 1937, for “L. G.”. 
4Original clause (11) was rep. and clauses (12) and (13) were renumbered (11) and (12), respectively by Act 17 of 1925, s. 2. 
5Subs. ibid., for “solitary” . 
6The words “as defined in clause (11)” rep., ibid. 
7The original section 47 was renumbered as section 47(1) by the Prisons (Amdt.) Act, 1925 (17 of 1925), s. 3. 
8Subs. ibid., s. 2 for “solitary”. 
 
Page 18 of 22 
 
 1[(3) cel1ular 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 2[and] 
separate confinement and loss of privileges admissible under the remission system; 
 3[(5) no punishment will be combined with any other punishment in contravention of rules 
made by the 4[Provincial Government].] 
 3[(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 
Inspector General. 
 (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. 
 
1Subs, ibid., s. 3, for the original exception (3). 
2Subs. by the Repealing and Amending Act, 1914 (10 of 1914), s. 2 and Sch. I for “or”. 
3Exception (5) and sub-section (2) were ins. by Act 17 of 1925, s. 3. 
4Subs. by A. O., 1937, for “G.G. in C”. 
 
Page 19 of 22 
 
 (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 therefore. 
 (3) Against the entries relating to each punishment the Jailer arid 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 1 * * * 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 : 
 2[provided that any such case may be transferred for inquiry and trial by the District 
Magistrate to any Magistrate of the first class 3* * *: 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 installments, 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 
 
1The original words “or Presidency Magistrate” which were ins. by the Prisons (Amdt.) Act, 1910 (13 of1910), s. 2 (1), omitted by A.O., 1949, Sch. 
2Subs. by the Prisons (Arndt.) Act, 1910 (13 of 1910), s. 2 (2), for the original proviso. 
3The words “and by a Chief Presidency Magistrate to any other Presidency Magistrate” omitted by A.O., 1949, Sch. 
 
Page 20 of 22 
 
 55. Extramural custody, control and employment of prisons.  A prisoner, when bein g 
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 and 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 Inspector General with the sanction of the 1[Provincial Government], so confine 
them. 
 57. Confinements of prisoners under sentence of transportation in irons.___(1) Prisoners 
under sentence of 2[imprisonment for life] may, subject to any rules made under section 2[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 Inspector General for sanction to their retention for the period for 
which he considers their retention necessary, and the Inspector General 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. 3[The Provincial Government] may make rules-consistent Power 
to with this Act— 
(1)  defining the acts 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 mayor may not be dealt with as 
a prison offence ; 
(5)  for the award of marks and the shortening of sentences 4[so, however, that a 
sentence of imprisonment for life is not shortened to a period of imprisonment 
less than fifteen years]; 
 
1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for “transportation”. 
2Subs. by A. O., 1937.for “60”. 
3Subs. ibid., for “The G. G. in C. may for any part of British India, and each L.G. with the previous sanction of the G. G. in C. may for the territories 
under its administration”. 
4Added by Ord. 12 of 1972, s. 2 and Sch. 
 
Page 21 of 22 
 
(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; 
1[(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 employment of prisoners; 
(16)  for regulating the confinement in fetters of prisoners sentenced to 
2[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 3[imprisonment for life 
or shorter] 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; 
 
1Subs. by A. 0.,1937, for the original clauses (8) and (9). 
2Subs. by Law Reforms Ordinance, 1972, (12 of 1972)s. 2 and Sch., for., “transportation”. 
3Subs. by the Law Reforms Ordinance, 1972, (12 of 1972), s.2 and Sch., for “transportation or”. 
 
Page 22 of 22 
 
(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 communication 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 1[Code of Criminal Procedure, 1898 (Act V of 1898), 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.] 
 260. [Power of Local Government to make rules.] Rep. by A.O., 1937. 
 61. Exhibition of copies of rules. Copies of rules, under 3[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 4[Provincial Government] may 
appoint in this behalf either by name or by his official designation. 
 
________ 
 
THE SCHEDULE.—[ENACTMENTS REPEALED.] Rep. by 
 the Repealing Act, 1938 (I of 1938), s.2 and Sch. 
 
 
 
 
 
Date: 05-09-2024 
1Subs. by Ord. XXVII of 1981, s. 5, Sch. IV (only to the extent of Islamabad Capital Territory). 
2This section has been incorporated with slight modification in clauses (8) to (27) of s. 59. 
3Subs. by A.O., 1937, for “sections 59 and 60. 
4Subs. ibid., for “L.G.”.