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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THE SCHEDULE Repealed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 
Compare the original stored transcription

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: 54f6ed898de3b70a743de650eadd3618f1587fc22c5e5941fdbf26145fda6bbe.

``  
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 
with the Schedule.
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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

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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.

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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,

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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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54f6ed898de3b70a743de650eadd3618f1587fc22c5e5941fdbf26145fda6bbe
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PRISONS ACT, 1894
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Examine authority, purpose and the choices before institutions.

Anticipatory

Explore emerging consequences and the safeguards they require.