PRISONS ACT, 1894
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`` Prisons 1894: Act IX
THE SCHEDULE Repealed
TEXT 1THE PRISONS ACT, 1894 (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[Pakistan], and to provide rules for the regulation of such prisons;
It is hereby enacted as follows:–
CHAPTER I
Preliminary
Section 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 sections 9 to 16 (both inclusive) of 6Bombay Act II of 1874, as amended by subsequent enactments.
[7] Section 2. Repeal
* * * * * * * * * * * * * * * *]
Section 3. Definitions
In this Act–
1This Act was published in the Gazette of India, dated: 24 March 1894, pp. 39-51. For Statement of Objects and Reasons, see Gazette of India, 1894, Part V, p. 14; for Report of the Select Committee, see ibid., p. 63; and for Proceedings in Council, see ibid., Part VI, pp. 10, 21, 93, 126 and 139.
2Substituted for the words “the Provinces and the Capital of the Federation” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the President on 7 June 1960; and, was published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725-845, s. 3 read with the Second Schedule: it came into force on 14 October 1955.
They were earlier substituted for the words “British India” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with Article 4.
3Substituted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the President on 7 June 1960; and, was published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725-845, s. 3 read with the Second Schedule: it came into force on 14 October 1955. It was earlier substituted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949,
pp. 223-283, Article 3 read with the Schedule.
4Substituted for the words “the Presidency of Bombay outside the City of Bombay” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949,
pp. 223-283, Article 3 read with the Schedule.
5Substituted for the words “Federal Territory of Karachi” by the Central Adaptation of Laws Order, 1964 (P. O. No. 1 of 1964); made by the President on 27 May 1964; and, was published in the Gazette of Pakistan (Extraordinary), dated: 28 May 1964,
pp. 251c-251aap, Article 2 read with the Schedule. They were earlier substituted for the words “Capital of the Federation” by the Repealing and Amending Ordinance, 1961 (I of 1961), published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 71-101, s. 3 read with the Second Schedule. 6The Civil Jails Act, 1874. 7Repealed by the Repealing Act, 1938 (I of 1938), published in the Gazette of India, dated: 5 March 1938, pp. 1-20, s. 2 read with the Schedule.
(1) “prison” means any jail or place used permanently or temporarily under the general or special orders of a 1[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 2[Provincial Government] under section 541 of the Code of Criminal Procedure, 1882 3; or
(c) any place which has been declared by the 4[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 Code of Criminal Procedure, 1882 5, or under the Prisoners Act, 1871 6:
(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[(7)
* * * * * * * * * * * * * * * * * *] 8[(7-A) * * * * * * * * * * * * * * * * *]
(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
Section 4. Accommodation for prisoners
The 9[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.
1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
2Ibid. 3Now see the Code of Criminal Procedure, 1898 (V of 1898).
4Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
5X of 1882. Now see the Code of Criminal Procedure, 1898 (V of 1898). 6V of 1871. Now see the Prisoners Act, 1900 (III of 1900).
7Omitted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), published in the Gazette of West Pakistan (Extraordinary), dated: 2 June 1962, pp. 2195-2200, s. 3(2) read with Schedule II.
8Ibid. It was inserted by the Prisons (West Pakistan Amendment) Act, 1958 (XLI of 1958), published in the Gazette of West Pakistan (Extraordinary), dated: 23 September 1958, pp. 1279-1280, s. 2.
9Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
[1] Section 5. Directors of Prisons
Director 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.]
Section 6. Officers of prisons
For every prison there shall be a Superintendent, a Medical Officer (who may also be the Superintendent), a Medical Subordinate, a Jailer and such other officers as the 2[Provincial Government] thinks necessary: 3[* * * * * * * * * * * * * * * * * * *] 4[Provided further that in the Punjab the 5[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.]
Section 7. Temporary accommodation for prisoners
Whenever it appears to the 6[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 7[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
Section 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 8[59].
Section 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.
1Substituted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), published in the Gazette of West Pakistan (Extraordinary), dated: 2 June 1962, pp. 2195-2200, s. 3(2) read with Schedule II.
2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
3Proviso was omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule.
4Added by the Prisons (Punjab Amendment) Act, 1926 (IX of 1926), published in the Punjab Gazette, dated: 16 August 1926, p.
1, s. 2.
5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
6Substituted for the words “Inspector-General” by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), published in the Gazette of West Pakistan (Extraordinary), dated: 2 June 1962, pp. 2195-2200, s. 3(2) read with the Schedule
II.
7Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
8Ibid., for the figure “60”, Article 3 read with the First Schedule.
Section 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
Section 11. Superintendent
(1) Subject to the orders of the 1[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 2[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 3[through the Deputy Inspector-General] to the 4[Director of Prisons] all such orders and the action taken thereon.
Section 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 5[* * *]. Medical Officer
Section 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 6[Provincial Government] under section 7[59].
Section 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
1Substituted for the words “Inspector-General” by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), published in the Gazette of West Pakistan (Extraordinary), dated: 2 June 1962, pp. 2195-2200, s. 3(2) read with the Schedule
II.
2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
3Inserted by the Prisons (West Pakistan Amendment) Act, 1958 (XLI of 1958), published in the Gazette of West Pakistan (Extraordinary), dated: 23 September 1958, pp. 1279-1280, s. 4.
4Substituted for the words “Inspector-General” by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), published in the Gazette of West Pakistan (Extraordinary), dated: 2 June 1962, pp. 2195-2200, s. 3(2) read with the Schedule
II. 5The expression “or section 60” was omitted by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule.
6Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344 Article 4 read with the Table of General Adaptations.
7Ibid., for the figure “60”, Article 3 read with the First Schedule.
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 1[through the Deputy Inspector-General] to the 2[Director of Prisons] for information.
Section 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
Section 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 3[Director of Prisons]’s sanction in writing, be concerned in any other employment.
Section 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.
Section 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.
Section 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.
1Inserted by the Prisons (West Pakistan Amendment) Act, 1958 (XLI of 1958), published in the Gazette of West Pakistan (Extraordinary), dated: 23 September 1958, pp. 1279-1280, s. 5.
2Substituted for the words “Inspector-General” by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), published in the Gazette of West Pakistan (Extraordinary), dated: 2 June 1962, pp. 2195-2200, s. 3(2) read with the Schedule
II.
3Substituted for the words “Inspector-General” by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), published in the Gazette of West Pakistan (Extraordinary), dated: 2 June 1962, pp. 2195-2200, s. 3(2) read with the Schedule
II.
Section 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
Section 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.
Section 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.
Section 23. Convict officers
Prisoners who have been appointed as officers of prisons shall be deemed to be public servants within the meaning of the Indian Penal Code
1.
CHAPTER IV
Admission, Removal and Discharge of Prisoners
Section 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.
Section 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.
Section 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
1XLV of 1860. Now the Pakistan Penal Code because the word “Indian” deemed to be substituted by virtue of its substitution for the word “Pakistan” of the said word in the “short title” of the Indian Penal Code by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949,
pp. 223-283, Article 3 read with the Schedule.
Discipline of Prisoners
Section 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.
Section 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.
Section 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.
Section 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
Section 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 2[Director of Prisons].
Section 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.
1Substituted for the word “eighteen” by the Prisons (Amendment) Act, 1930 (VI of 1930), published in the Punjab Gazette, dated: 11 April 1930, p. 136, s. 2.
2Substituted for the words “Inspector-General” by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), published in the Gazette of West Pakistan (Extraordinary), dated: 2 June 1962, pp. 2195-2200, s. 3(2) read with the Schedule
II.
Section 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
Section 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.
Section 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.
Section 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
Section 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.
Section 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.
Section 39. Hospital
In every prison a hospital or proper place for the reception of sick prisoners shall be provided.
CHAPTER IX
Visits to Prisoners
Section 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.
Section 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 2[Provincial Government] may direct.
CHAPTER X
Offences in relation to Prisons
Section 42. Penalty for introduction or removal of prohibited articles into or from prison and communication with prisoners
Whoever, contrary to any rule under section 3[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.
Section 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
1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
3Ibid., for the figure “60”, Article 3 read with the First Schedule.
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.
Section 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
Section 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.
Section 46. Punishment of such offences
The Superintendent may examine any person touching any such offence, and determine thereupon, and punish such offence by–
(1) a formal warning:
Explanation.– A formal warning shall mean a warning personally addressed to a prisoner by the Superintendent and recorded in the punishment book and on the prisoner’s history-ticket;
(2) change of labour to some more irksome or severe form 1[for such period as may be prescribed by rules made by the 2[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 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 4[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 5[Provincial Government];
(8) separate confinement for any period not exceeding 6[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 7[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: 8[ * * * * * * * * * * * * * * * * * *] 1[(11)] penal diet as defined in clause (9) combined with 2[cellular] confinement 3[* * * * *];
1Added by the Prisons (Amendment) Act, 1925 (XVII of 1925), published in the Government Gazette Punjab and its Dependencies, dated: 3 July 1925, pp. 33-34, s. 2.
2Substituted for the words “Governor General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule.
3Ibid.
4Ibid.
5Ibid.
6Substituted for the word “Six” by the Prisons (Amendment) Act, 1925 (XVII of 1925), published in the Government Gazette Punjab and its Dependencies, dated: 3 July 1925, pp. 33-34, s. 2.
7Substituted for the words “Governor General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule.
8Clause (11) was repealed by the Prisons (Amendment) Act, 1925 (XVII of 1925), published in the Government Gazette Punjab and its Dependencies, dated: 3 July 1925, pp. 33-34, s. 2.
4[(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.
Section 47. Plurality of punishments under section 46
5[(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 6[cellular] confinement;
7[(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 8[and] separate confinement and loss of privilege admissible under the remission system. 9[(5) No punishment shall be combined with any other punishment in contravention of rules made by the 10[Provincial Government].] 11[(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.]
Section 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 12[Director of Prisons].
(2) No officer subordinate to the Superintendent shall have power to award any punishment whatever.
1Clause (12) was renumbered as (11) ibid.
2Substituted ibid., for the word “solitary”.
3The expression “as defined in clause (11)” was omitted ibid. 4Clause (13) was renumbered as (12) ibid. 5Ibid, s. 3.
6Substituted ibid., for the word “solitary”.
7Substituted by the Prisons (Amendment) Act, 1925 (XVII of 1925), published in the Government Gazette Punjab and its Dependencies, dated: 3 July 1925, pp. 33-34, s. 3.
8Substituted for the word “or” by the Repealing and Amending Act, 1914 (X of 1914), published in the Gazette of India, Part IV, dated: 21 March 1914, pp. 47-59, s. 2 read with the First Schedule.
9Added by the Prisons (Amendment) Act, 1925 (XVII of 1925), published in the Government Gazette Punjab and its Dependencies, dated: 3 July 1925, pp. 33-34, s. 3.
10Substituted for the words “Governor General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule.
11Added by the Prisons (Amendment) Act, 1925 (XVII of 1925), published in the Government Gazette Punjab and its Dependencies, dated: 3 July 1925, pp. 33-34, s. 3.
12Substituted for the words “Inspector-General” by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), published in the Gazette of West Pakistan (Extraordinary), dated: 2 June 1962, pp. 2195-2200, s. 3(2) read with the Schedule
II.
Section 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.
Section 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.
Section 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.
Section 52. Procedure on committal of heinous offence
If any prisoner is guilty of any offence against prison-discipline which, by reason of his having frequently committed such offences or otherwise, in the opinion of the Superintendent, is not adequately punishable by the infliction of any punishment which he has power under this Act to award, the Superintendent may forward such prisoner to the Court of the District Magistrate or of any Magistrate of the first class 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.
1The words “or Presidency Magistrate” were omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O.
No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. They were earlier inserted by the Prisons (Amendment) Act, 1910 (XIII of 1910), published in the Punjab Gazette, dated: 8 April 1910, p. 61, s. 2.
2Substituted by the Prisons (Amendment) Act, 1910 (XIII of 1910), published in the Punjab Gazette, dated: 8 April 1910, p. 61,
s. 2. 3The words “and by a Chief Presidency Magistrate to any other Presidency Magistrate” were omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 No. of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule.
Section 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 rattan.
Section 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
Section 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 and shall be subject to all the same incidents as if he were actually in prison.
Section 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 1[Director of Prisons] with the sanction of the 2[Provincial Government], so confine them.
Section 57. Confinement of prisoners under sentence of transportation in irons
(1) Prisoners under sentence of 3[imprisonment for life] may, subject to any rules made under section 4[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 5[Director of Prisons] for sanction to their retention for the period for which he considers their retention necessary, and the 6[Director of Prisons] may sanction such retention accordingly.
1Substituted for the words “Inspector-General” by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), published in the Gazette of West Pakistan (Extraordinary), dated: 2 June 1962, pp. 2195-2200, s. 3(2) read with the Schedule
II.
2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
3Substituted for the word “transportation” by the Law Reforms Ordinance, 1972 (XII of 1972), published in the Gazette of Pakistan (Extraordinary), dated: 14 April 1972, pp. 526-583, s. 2(1) read with the Schedule.
4Substituted for the figure “60” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule.
5Substituted for the words “Inspector-General” by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), published in the Gazette of West Pakistan (Extraordinary), dated: 2 June 1962, pp. 2195-2200, s. 3(2) read with the Schedule
II.
6Ibid.
Section 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.
Section 59. Power to make rules
1[The Provincial Government may] make rules consistent 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 Indian Penal Code 2 may or may not be dealt with as a prison-offence;
(5) for the award of marks and the shortening of sentences 3[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; 4[(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, 5[* * * * * * *] 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;
1Substituted for the expression “The Governor General in Council may for any part of British India, and each Local Government with the previous sanction of the Governor General in Council may for the territories under its administration” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule.
2XLV of 1860. Now the Pakistan Penal Code because the word “Indian” deemed to be substituted by virtue of its substitution for the word “Pakistan” of the said word in the “short title” of the Indian Penal Code by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949,
pp. 223-283, Article 3 read with the Schedule.
3Added by the Law Reforms Ordinance, 1972 (XII of 1972), published in the Gazette of Pakistan (Extraordinary), dated: 14 April 1972, pp. 526-583, s. 2(1) read with the Schedule.
4Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule.
5The expression “guidance, control, punishment and dismissal” was omitted ibid.
(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 1[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 2[imprisonment for life or shorter] or imprisonment is about to expire 3[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 Code of Criminal Procedure, 1882 4, and to the officers employed, and the prisoners confined, therein; 5[*]
6[(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.]
[7] Section 60. Power of Local Government to make rules
* * * * * * *]
Section 61. Exhibition of copies of rules
Copies of rules, under 8[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.
1Substituted for the word “transportation” by the Law Reforms Ordinance, 1972 (XII of 1972), published in the Gazette of Pakistan (Extraordinary), dated: 14 April 1972, pp. 526-583, s. 2(1) read with the Schedule.
2Substituted for the word “transportation or” by the Law Reforms Ordinance, 1972 (XII of 1972), published in the Gazette of Pakistan (Extraordinary), dated: 14 April 1972, pp. 526-583, s. 2(1) read with the Schedule.
3Inserted by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule.
4X of 1882. Now the Code of Criminal Procedure, 1898 (V of 1898). 5The word “and” was omitted by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule.
6Inserted ibid.
7Omitted ibid.
8Substituted ibid., for the expression “sections 59 and 60”.
Section 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 1[Provincial Government] may appoint in this behalf either by name or by his official designation. 2
[THE SCHEDULE
Enactments Repealed * * * * * * * *]
1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
2Repealed by the Repealing Act, 1938 (I of 1938), published in the Gazette of India, dated: 5 March 1938, pp. 1-20, s. 2 read with the Schedule.
Print contents from the source
CONTENTS CHAPTER I 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 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 (IX of 1894) THE PRISONS ACT, 1894 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 prisoners under sentence of transportation in irons 58. Prisoners not to be ironed by Jailer except under necessity 59. Power to make rules 60. Omitted 61. Exhibition of copies of rules 62. Exercise of powers of Superintendent and Medical Officer
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``
Prisons
1894: Act IX
CONTENTS
CHAPTER I
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
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
(IX of 1894)
THE PRISONS ACT, 1894
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 prisoners under sentence of transportation in irons
58. Prisoners not to be ironed by Jailer except under necessity
59. Power to make rules
60. Omitted
61. Exhibition of copies of rules
62. Exercise of powers of Superintendent and Medical Officer
THE SCHEDULE
Repealed
TEXT
1
THE PRISONS ACT, 1894
(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
[Pakistan], and to
provide rules for the regulation of such prisons;
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
[(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 sections 9 to 16 (both
inclusive) of
6
Bombay Act II of 1874, as amended by subsequent enactments.
7
[2. Repeal.– * * * * * * * * * * * * * * * *]
3. Definitions.– In this Act–
1This Act was published in the Gazette of India, dated: 24 March 1894, pp. 39-51. For Statement of Objects and Reasons, see
Gazette of India, 1894, Part V, p. 14; for Report of the Select Committee, see ibid., p. 63; and for Proceedings in Council, see
ibid., Part VI, pp. 10, 21, 93, 126 and 139.
2Substituted for the words “the Provinces and the Capital of the Federation” by the Central Laws (Statute Reform) Ordinance,
1960 (XXI of 1960); assented to by the President on 7 June 1960; and, was published in the Gazette of Pakistan
(Extraordinary), dated: 9 June 1960, pp. 725 -845, s. 3 read with the Second Schedule: it came into force on 14 October 1955.
They were earlier substituted for the words “British India” by the Adaptation of Central Acts and Ordinances Order, 1949
(G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read
with Article 4.
3Substituted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the President on 7 June
1960; and, was published in the Gazette of Pakistan (E xtraordinary), dated: 9 June 1960, pp. 725 -845, s. 3 read with the
Second Schedule: it came into force on 14 October 1955. It was earlier substituted by the Adaptation of Central Acts and
Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gaze tte of Pakistan (Extraordinary), dated: 28 March 1949,
pp. 223-283, Article 3 read with the Schedule.
4Substituted for the words “the Presidency of Bombay outside the City of Bombay” by the Adaptation of Central Acts and
Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949,
pp. 223-283, Article 3 read with the Schedule.
5Substituted for the words “Federal Territory of Karachi” by the Central Adaptation of Laws Order, 1964 (P. O. No. 1 of 1 964);
made by the President on 27 May 1964; and, was published in the Gazette of Pakistan (Extraordinary), dated: 28 May 1964,
pp. 251c-251aap, Article 2 read with the Schedule. They were earlier substituted for the words “Capital of the Federation” by
the Repealing and Amending Ordinance, 1961 (I of 1961), published in the Gazette of Pakistan (Extraordinary), dated: 24
January 1961, pp. 71-101, s. 3 read with the Second Schedule.
6The Civil Jails Act, 1874.
7Repealed by the Repealing Act, 1938 (I of 1938), published in the Gazette of India, dated: 5 March 1938, pp. 1 -20, s. 2 read
with the Schedule.
(1) “prison” means any jail or place used permanently or temporarily under the general
or special orders of a
1
[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
2
[Provincial Government] under
section 541 of the Code of Criminal Procedure, 1882
3
; or
(c) any place which has been declared by the
4
[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 Code of Criminal Procedure, 1882
5
, or under the Prisoners Act, 1871
6
:
(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
[(7) * * * * * * * * * * * * * * * * * *]
8
[(7-A) * * * * * * * * * * * * * * * * *]
(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
9
[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.
1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
2Ibid.
3Now see the Code of Criminal Procedure, 1898 (V of 1898).
4Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
5X of 1882. Now see the Code of Criminal Procedure, 1898 (V of 1898).
6V of 1871. Now see the Prisoners Act, 1900 (III of 1900).
7Omitted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), published in the Gazette of West Pakistan
(Extraordinary), dated: 2 June 1962, pp. 2195-2200, s. 3(2) read with Schedule II.
8Ibid. It was inserted by the Prisons (West Pakistan Amendment) Act, 1958 (XLI of 1958), published in the Gazette of West
Pakistan (Extraordinary), dated: 23 September 1958, pp. 1279-1280, s. 2.
9Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
1
[5. Directors of Prisons .– Director of Prisons shall be appointed for the areas to be
defined by the Provincial Government, and shall exercise, subject to the orde rs 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 M edical
Officer (who may also be the Superintendent), a Medical Subordinate, a Jailer and such other
officers as the
2
[Provincial Government] thinks necessary:
3
[* * * * * * * * * * * * * * * * * * *]
4
[Provided further that in the Punjab the
5
[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
6
[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
7
[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
8
[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.
1Substituted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), published in the Gazette of West
Pakistan (Extraordinary), dated: 2 June 1962, pp. 2195-2200, s. 3(2) read with Schedule II.
2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, pu blished
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
3Proviso was omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in t he
Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule.
4Added by the Prisons (Punjab Amendment) Act, 1926 (IX of 1926), published in the Punjab Gazette, dated: 16 August 1926, p.
1, s. 2.
5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
6Substituted for t he words “Inspector -General” by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962),
published in the Gazette of West Pakistan (Extraordinary), dated: 2 June 1962, pp. 2195 -2200, s. 3(2) read with the Schedule
II.
7Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
8Ibid., for the figure “60”, Article 3 read with the First Schedule.
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 i ndirect, 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
1
[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
2
[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
3
[through the
Deputy Inspector-General] to the
4
[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
5
[* * *].
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
6
[Provincial Government] under section
7
[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
1Substituted for the words “Inspector -General” by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962),
published in the Gazette of West Pakistan (Extraordinary), dated: 2 June 1962, pp. 2195 -2200, s. 3(2) read with the Schedule
II.
2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
3Inserted by the Prisons (West Pakistan Amendment) Act, 1958 (XLI of 1958), published in the Gazette of West Pakistan
(Extraordinary), dated: 23 September 1958, pp. 1279-1280, s. 4.
4Substituted for the words “Inspector -General” by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962),
published in the Gazette of West Pakistan (Extraordinary), dated: 2 June 1962, pp. 2195 -2200, s. 3(2) read with the Schedule
II.
5The expression “or section 60” was omitted by the G overnment of India (Adaptation of Indian Laws) Order, 1937, published in
the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule.
6Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344 Article 4 read with the Table of General Adaptations.
7Ibid., for the figure “60”, Article 3 read with the First Schedule.
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 t hereon, shall forthwith be sent
1
[through the Deputy Inspector-General] to the
2
[Director of Prisons] for information.
15. Report on death of pr isoner.– 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 Super intendent permits
him in writing to reside elsewhere.
(2) The Jailer shall not, without the
3
[Director of Prisons]’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.
1Inserted by the Prisons (West Pakistan Amendment) Act, 1958 (XLI of 1958), published in the Gazette of West Pakistan
(Extraordinary), dated: 23 September 1958, pp. 1279-1280, s. 5.
2Substituted for the words “Inspector -General” by the West Pakistan (Adapta tion of Laws) Ordinance, 1962 (XXV of 1962),
published in the Gazette of West Pakistan (Extraordinary), dated: 2 June 1962, pp. 2195 -2200, s. 3(2) read with the Schedule
II.
3Substituted for the words “Inspector -General” by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962),
published in the Gazette of West Pakistan (Extraordinary), dated: 2 June 1962, pp. 2195 -2200, s. 3(2) read with the Schedule
II.
20. Powers of Deputy and Assistant Jailers .– Where a Deputy Jailer or Assistant
Jailer is appointed to a p rison, 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 Indian Penal Code
1
.
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 prison er’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 examinatio n 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
1XLV of 1860. Now the Pakistan Penal Code because the word “Indian” deemed to be substitu ted by virtue of its substitution
for the word “Pakistan” of the said word in the “short title” of the Indian Penal Code by the Adaptation of Central Acts and
Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordin ary), dated: 28 March 1949,
pp. 223-283, Article 3 read with the Schedule.
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 prisoner to communicate at any time with an officer
of the prison, and every prisoner so confined in a cell for more than twen ty-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 i n 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
2
[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, h ired 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.
1Substituted for the word “eighteen” by the Prisons (Amendment) Act, 1930 (VI of 1930), published in the Punjab Gazette,
dated: 11 April 1930, p. 136, s. 2.
2Substituted for the words “Inspector -General” by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962),
published in the Gazette of West Pakistan (Extraordinary), dated: 2 June 1962, pp. 2195 -2200, s. 3(2) read with the Schedule
II.
33. Supply of clothing a nd 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 pris on 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 Subordin ate 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 un der 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 a 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 unco nvicted 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 prison er
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
2
[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
3
[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 rul e, 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 officer to state his name and residence, or gives a name or
1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
3Ibid., for the figure “60”, Article 3 read with the First Schedule.
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 be en 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 t o 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
1
[for such period as
may be prescribed by rules made by the
2
[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 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
4
[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
5
[Provincial Government];
(8) separate confinement for any period not exceeding
6
[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
7
[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:
8
[ * * * * * * * * * * * * * * * * * *]
1
[(11)] penal diet as defined in clause (9) combined with
2
[cellular] confinement
3
[* * * * *];
1Added by the Prisons (Amendment) Act, 1925 (XVII of 1925), published in the Government Gazette Punjab and its
Dependencies, dated: 3 July 1925, pp. 33-34, s. 2.
2Substituted for the words “Governor General in C ouncil” by the Government of India (Adaptation of Indian Laws) Order, 1937,
published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule.
3Ibid.
4Ibid.
5Ibid.
6Substituted for the word “Six” by the Prisons (Amendment) Act, 1925 (XVII of 1925), published in the Government Gazette
Punjab and its Dependencies, dated: 3 July 1925, pp. 33-34, s. 2.
7Substituted for the words “Governor General in Council” by the Government of India (Adaptation of In dian Laws) Order, 1937,
published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule.
8Clause (11) was repealed by the Prisons (Amendment) Act, 1925 (XVII of 1925), published in the Government Gazette Punjab
and its Dependencies, dated: 3 July 1925, pp. 33-34, s. 2.
4
[(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 .–
5
[(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 claus e (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
6
[cellular]
confinement;
7
[(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
8
[and] separate confinement and loss of privilege admissible under the
remission system.
9
[(5) No punishment shall be combined with any other punishment in contravention
of rules made by the
10
[Provincial Government].]
11
[(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
12
[Director of Prisons].
(2) No officer subordinate to the Superintendent shall have power to award any
punishment whatever.
1Clause (12) was renumbered as (11) ibid.
2Substituted ibid., for the word “solitary”.
3The expression “as defined in clause (11)” was omitted ibid.
4Clause (13) was renumbered as (12) ibid.
5Ibid, s. 3.
6Substituted ibid., for the word “solitary”.
7Substituted by the Prisons (Amendment) Act, 1925 (XVII of 1925), published in the Government Gazette Punjab and its
Dependencies, dated: 3 July 1925, pp. 33-34, s. 3.
8Substituted for the word “or” by the Repealing and Amending Act, 1914 (X of 1914), published in the Gazette of India, Part IV,
dated: 21 March 1914, pp. 47-59, s. 2 read with the First Schedule.
9Added by the Prisons (Amendment) Act, 1925 (XVII of 1925), published in the Government Gazette Punjab and its
Dependencies, dated: 3 July 1925, pp. 33-34, s. 3.
10Substituted for the words “Governor General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937,
published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule.
11Added by the Prisons (Amendment) Act, 1925 (XVII of 1925), published in the Government Gazette Punjab and its
Dependencies, dated: 3 July 1925, pp. 33-34, s. 3.
12Substituted for the words “Inspector -General” by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962),
published in the Gazette of West Pakistan (Extraordinary), dated: 2 June 1962, pp. 2195 -2200, s. 3(2) read with the Schedule
II.
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 un der 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 p rison-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
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.
1The words “or Presiden cy Magistrate” were omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O.
No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the
Schedule. They were earlier in serted by the Prisons (Amendment) Act, 1910 (XIII of 1910), published in the Punjab Gazette,
dated: 8 April 1910, p. 61, s. 2.
2Substituted by the Prisons (Amendment) Act, 1910 (XIII of 1910), published in the Punjab Gazette, dated: 8 April 1910, p. 61,
s. 2.
3The words “and by a Chief Presidency Magistrate to any other Presidency Magistrate” were omitted by the Adaptation of
Central Acts and Ordinances Order, 1949 (G.G.O. 4 No. of 1949), published in the Gazette of Pakistan (Extraordinary), dated:
28 March 1949, pp. 223-283, Article 3 read with the Schedule.
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 rattan.
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 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
1
[Director of Prisons] with the sanction of the
2
[Provincial Government], so confine them.
57. Confinement of prisoner s under sentence of transportation in irons .– (1)
Prisoners under sentence of
3
[imprisonment for life] may, subject to any rules made under
section
4
[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
5
[Director of Prisons] for sanction
to their retention for the period for which he considers their retention necessary, and the
6
[Director of Prisons] may sanction such retention accordingly.
1Substituted for the words “Inspector -General” by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962),
published in the Gazette of West Pakistan (Extraordinary), dated: 2 June 1962, pp. 2195-2200, s. 3(2) read with the Schedule
II.
2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
3Substituted for the word “transportation” by the Law Reforms Ordinance, 1972 (XII of 1972), published in the Gazette of
Pakistan (Extraordinary), dated: 14 April 1972, pp. 526-583, s. 2(1) read with the Schedule.
4Substituted for the figure “60” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of
India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule.
5Substituted for the words “Inspector -General” by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962),
published in the Gazette of West Pakistan (Extraordinary), dated: 2 June 1962, pp. 2195 -2200, s. 3(2) read with the Schedule
II.
6Ibid.
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 .–
1
[The Provincial Government may ] make rules consistent
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 Indian Penal Code
2
may or may not be dealt with as
a prison-offence;
(5) for the award of marks and the shortening of sentences
3
[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;
4
[(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 c haracter 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 ,
5
[* * * * * * *] 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;
1Substituted for the expression “The Governor General in Council may for any part of British India, and each Local Government
with the previous sanction of the Governor General in Council may for the territories under its administration” by the
Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April
1937, pp. 75-344, Article 3 read with the First Schedule.
2XLV of 1860. Now the Pakistan Penal Code because the word “Indian” deemed to be substituted by virtue of its substitution
for the word “Pakistan” of the said word in the “short title” of the Indian Penal Code by the Adaptation of Central Acts and
Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949,
pp. 223-283, Article 3 read with the Schedule.
3Added by the Law Reforms Ordinance, 1972 (XII of 1972), published in the Gazette of Pakistan (Extraordinary), dated: 14 April
1972, pp. 526-583, s. 2(1) read with the Schedule.
4Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India
(Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule.
5The expression “guidance, control, punishment and dismissal” was omitted ibid.
(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
1
[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
2
[imprisonment for life or
shorter] or imprisonment is about to expire
3
[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 Code of Criminal Procedure, 1882
4
, and to the
officers employed, and the prisoners confined, therein;
5
[*]
6
[(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.]
7
[60. Power of Local Government to make rules.– * * * * * * *]
61. Exhibition of copies of rules.– Copies of rules, under
8
[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.
1Substituted for the word “transportation” by the Law Reforms Ordinance, 1972 (XII of 1972), published in the Gazette of
Pakistan (Extraordinary), dated: 14 April 1972, pp. 526-583, s. 2(1) read with the Schedule.
2Substituted for the word “transportation or” by the Law Reforms Ordinance, 1972 (XII of 1972), published in the Gazette of
Pakistan (Extraordinary), dated: 14 April 1972, pp. 526-583, s. 2(1) read with the Schedule.
3Inserted by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India
(Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule.
4X of 1882. Now the Code of Criminal Procedure, 1898 (V of 1898).
5The word “and” was omitted by the Government o f India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of
India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule.
6Inserted ibid.
7Omitted ibid.
8Substituted ibid., for the expression “sections 59 and 60”.
62. Exercise of powers of S uperintendent 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
1
[Provincial Government] may appoint in this behalf either by name or by his official
designation.
2
[THE SCHEDULE
Enactments Repealed * * * * * * * *]
1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published
in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations.
2Repealed by the Repealing Act, 1938 (I of 1938), published in the Gazette of India, dated: 5 March 1938, pp. 1 -20, s. 2 read
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Section 42
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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
Section 46
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n 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.
Section 8
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s 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 8 [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,
Section 59
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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 5 [* * *]. 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 dutie
Section 7
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ll have charge of the sanitary administration of the prison, and shall perform such duties as may be prescribed by rules made by the 6 [Provincial Government] under section 7 [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
Section 60
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XXV of 1962), published in the Gazette of West Pakistan (Extraordinary), dated: 2 June 1962, pp. 2195 -2200, s. 3(2) read with the Schedule II. 5The expression “or section 60” was omitted by the G overnment of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. 6Substituted for th
Section 12
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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
Section 3
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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 3 [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
Section 42
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trate, 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
Section 42
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e 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
Section 59
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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) contum
Section 46
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s 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 .– 5 [(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 wi
Section 46
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r 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 un der 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 i
Section 12
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al 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 wheth
Section 12
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hat 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 whi
Section 46
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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 twi
Section 4
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ement of prisoner s under sentence of transportation in irons .– (1) Prisoners under sentence of 3 [imprisonment for life] may, subject to any rules made under section 4 [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 fet
Section 28
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1 [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 wh
Section 59
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effect the purposes of this Act.] 7 [60. Power of Local Government to make rules.– * * * * * * *] 61. Exhibition of copies of rules.– Copies of rules, under 8 [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.
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- PRISONS ACT, 1894
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