{ "schema_version": "qanun-law-text/1", "id": "punjab-code-1e92479f10a07f67", "title": "PRISONS ACT, 1894", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/BjBcaQA3VGQ-", "version": null, "source_snapshot": "2026-08-06T16:47:43Z", "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "54f6ed898de3b70a743de650eadd3618f1587fc22c5e5941fdbf26145fda6bbe", "source_sha256": "54f6ed898de3b70a743de650eadd3618f1587fc22c5e5941fdbf26145fda6bbe", "text_version_id": "law:punjab-code-1e92479f10a07f67:sha256:54f6ed898de3b70a743de650eadd3618f1587fc22c5e5941fdbf26145fda6bbe", "quality_flags": [], "encoding": "UTF-8", "text": "`` \r\nPrisons \r\n1894: Act IX \r\nCONTENTS \r\nCHAPTER I \r\nPreliminary \r\n1. Title, extent and commencement \r\n2. Repealed \r\n3. Definitions \r\nCHAPTER II \r\nMaintenance and Officers of Prisons \r\n4. Accommodation for prisoners \r\n5. Inspector General \r\n6. Officers of prisons \r\n7. Temporary accommodation for prisoners \r\nCHAPTER III \r\nDuties of Officers \r\nGenerally \r\n8. Control, and duties of officers of prisons \r\n9. Officers not to have business dealings with prisoners \r\n 10. Officers not to be interested in prison-contracts \r\nSuperintendent \r\n 11. Superintendent \r\n 12. Records to be kept by Superintendent \r\nMedical Officer \r\n 13. Duties of Medical Officer \r\n 14. Medical Officer to report in certain cases \r\n 15. Report on death of prisoner \r\nJailer \r\n 16. Jailer \r\n 17. Jailer to give notice of death of prisoner \r\n 18. Responsibility of Jailer \r\n 19. Jailer to be present at night \r\n 20. Powers of Deputy and Assistant Jailers \r\nSubordinate Officers \r\n 21. Duties of gate-keeper \r\n 22. Subordinate officers not to be absent without leave \r\n(IX of 1894) \r\nTHE PRISONS ACT, 1894 \r\n \r\n \r\n 23. Convict officers \r\nCHAPTER IV \r\nAdmission, Removal and Discharge of Prisoners \r\n 24. Prisoners to be examined on admission \r\n 25. Effects of prisoners \r\n 26. Removal and discharge of prisoners \r\nCHAPTER V \r\nDiscipline of Prisoners \r\n 27. Separation of prisoners \r\n 28. Association and segregation of prisoners \r\n 29. Solitary confinement \r\n 30. Prisoners under sentence of death \r\nCHAPTER VI \r\nFood, Clothing and Bedding of Civil and \r\nUnconvicted Criminal Prisoners \r\n 31. Maintenance of certain prisoners from private sources \r\n 32. Restriction on transfer of food and clothing between certain prisoners \r\n 33. Supply of clothing and bedding to civil and unconvicted criminal \r\nprisoners \r\nCHAPTER VII \r\nEmployment of Prisoners \r\n 34. Employment of civil prisoners \r\n 35. Employment of criminal prisoners \r\n 36. Employment of criminal prisoners sentenced to simple imprisonment \r\nCHAPTER VIII \r\nHealth of Prisoners \r\n 37. Sick prisoners \r\n 38. Record of directions of Medical Officers \r\n 39. Hospital \r\nCHAPTER IX \r\nVisits to Prisoners \r\n 40. Visits to civil and unconvicted criminal prisoners \r\n 41. Search of visitors \r\nCHAPTER X \r\nOffences in Relation to Prisons \r\n 42. Penalty for introduction or removal of prohibited articles into or from \r\nprison and communication with prisoners \r\n 43. Power to arrest for offence under section 42 \r\n \r\n \r\n 44. Publication of penalties \r\nCHAPTER XI \r\nPrison-Offences \r\n 45. Prison-offences \r\n 46. Punishment of such offences \r\n 47. Plurality of punishments under section 46 \r\n 48. Award of punishments under sections 46 and 47 \r\n 49. Punishments to be in accordance with foregoing sections \r\n 50. Medical Officer to certify to fitness of prisoner for punishment \r\n 51. Entries in punishment-book \r\n 52. Procedure on committal of heinous offence \r\n 53. Whipping \r\n 54. Offences by prison subordinates \r\nCHAPTER XII \r\nMiscellaneous \r\n 55. Extramural custody, control and employment of prisoners \r\n 56. Confinement in irons \r\n 57. Confinement of prisoners under sentence of transportation in irons \r\n 58. Prisoners not to be ironed by Jailer except under necessity \r\n 59. Power to make rules \r\n 60. Omitted \r\n 61. Exhibition of copies of rules \r\n 62. Exercise of powers of Superintendent and Medical Officer \r\nTHE SCHEDULE \r\nRepealed \r\n \r\n \r\n \r\nTEXT \r\n1\r\nTHE PRISONS ACT, 1894 \r\n(IX of 1894) \r\n[22 March, 1894] \r\nAn \r\nAct \r\nto amend the law relating to Prisons. \r\nWHEREAS it is expedient to amend the law relating to prisons in \r\n2\r\n[Pakistan], and to \r\nprovide rules for the regulation of such prisons; \r\n It is hereby enacted as follows:– \r\nCHAPTER I \r\nPreliminary \r\n1. Title, extent and commencement .– (1) This Act may be called the Prisons Act, \r\n1894. \r\n3\r\n[(2) It extends to the whole of Pakistan.] \r\n(3) It shall come into force on the first day of July, 1894. \r\n(4) Nothing in this Act shall apply to civil jails in \r\n4\r\n[Sind and the \r\n5\r\n[Karachi Division] ], \r\nand those jails shall continue to be administered under the provisions of sections 9 to 16 (both \r\ninclusive) of \r\n6\r\nBombay Act II of 1874, as amended by subsequent enactments. \r\n \r\n7\r\n[2. Repeal.– * * * * * * * * * * * * * * * *] \r\n3. Definitions.– In this Act– \r\n \r\n1This Act was published in the Gazette of India, dated: 24 March 1894, pp. 39-51. For Statement of Objects and Reasons, see \r\nGazette of India, 1894, Part V, p. 14; for Report of the Select Committee, see ibid., p. 63; and for Proceedings in Council, see \r\nibid., Part VI, pp. 10, 21, 93, 126 and 139. \r\n2Substituted for the words “the Provinces and the Capital of the Federation” by the Central Laws (Statute Reform) Ordinance, \r\n1960 (XXI of 1960); assented to by the President on 7 June 1960; and, was published in the Gazette of Pakistan \r\n(Extraordinary), dated: 9 June 1960, pp. 725 -845, s. 3 read with the Second Schedule: it came into force on 14 October 1955. \r\nThey were earlier substituted for the words “British India” by the Adaptation of Central Acts and Ordinances Order, 1949 \r\n(G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read \r\nwith Article 4. \r\n3Substituted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the President on 7 June \r\n1960; and, was published in the Gazette of Pakistan (E xtraordinary), dated: 9 June 1960, pp. 725 -845, s. 3 read with the \r\nSecond Schedule: it came into force on 14 October 1955. It was earlier substituted by the Adaptation of Central Acts and \r\nOrdinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gaze tte of Pakistan (Extraordinary), dated: 28 March 1949, \r\npp. 223-283, Article 3 read with the Schedule. \r\n4Substituted for the words “the Presidency of Bombay outside the City of Bombay” by the Adaptation of Central Acts and \r\nOrdinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, \r\npp. 223-283, Article 3 read with the Schedule. \r\n5Substituted for the words “Federal Territory of Karachi” by the Central Adaptation of Laws Order, 1964 (P. O. No. 1 of 1 964); \r\nmade by the President on 27 May 1964; and, was published in the Gazette of Pakistan (Extraordinary), dated: 28 May 1964, \r\npp. 251c-251aap, Article 2 read with the Schedule. They were earlier substituted for the words “Capital of the Federation” by \r\nthe Repealing and Amending Ordinance, 1961 (I of 1961), published in the Gazette of Pakistan (Extraordinary), dated: 24 \r\nJanuary 1961, pp. 71-101, s. 3 read with the Second Schedule. \r\n6The Civil Jails Act, 1874. \r\n7Repealed by the Repealing Act, 1938 (I of 1938), published in the Gazette of India, dated: 5 March 1938, pp. 1 -20, s. 2 read \r\nwith the Schedule. \r\n \r\n \r\n(1) “prison” means any jail or place used permanently or temporarily under the general \r\nor special orders of a \r\n1\r\n[Provincial Government] for the detention of prisoners, and \r\nincludes all lands and buildings appurtenant thereto, but does not include– \r\n(a) any place for the confinement of prisoners who are exclusively in the \r\ncustody of the police; \r\n(b) any place specially appointed by the \r\n2\r\n[Provincial Government] under \r\nsection 541 of the Code of Criminal Procedure, 1882\r\n3\r\n; or \r\n(c) any place which has been declared by the \r\n4\r\n[Provincial Government], by \r\ngeneral or special order, to be a subsidiary jail: \r\n(2) “criminal prisoner” means any prisoner duly committed to custody under the writ, \r\nwarrant or order of any Court or authority exercising criminal jurisdiction, or by order of a Court-\r\nmartial: \r\n(3) “convicted criminal prisoner” means any criminal prisoner under sentence of a \r\nCourt or Court -martial, and includes a person detained in prison under the provisions of \r\nChapter VIII of the Code of Criminal Procedure, 1882\r\n5\r\n, or under the Prisoners Act, 1871\r\n6\r\n: \r\n(4) “civil prisoner” means any prisoner who is not a criminal prisoner: \r\n(5) “remission system” means the rules for the time being in force regulating the \r\naward of marks to, and the consequent shortening of sentences of, prisoners in jails: \r\n(6) “history-ticket” means the ticket exhibiting such information as is required in \r\nrespect of each prisoner by this Act or the rules thereunder: \r\n7\r\n[(7) * * * * * * * * * * * * * * * * * *] \r\n8\r\n[(7-A) * * * * * * * * * * * * * * * * *] \r\n(8) “Medical Subordinate” means an Assistant Surgeon, Apothecary or qualified \r\nHospital Assistant: and \r\n(9) “prohibited article” means an article the introduction or removal of which into or \r\nout of a prison is prohibited by any rule under this Act. \r\nCHAPTER II \r\nMaintenance and Officers of Prisons \r\n4. Accommodation for prisoners.– The \r\n9\r\n[Provincial Government] shall provide, for the \r\nprisoners in the territories under such Government, accommodation in prisons constructed \r\nand regulated in such manner as to comply with the requisitions of this Act in respect of the \r\nseparation of prisoners. \r\n \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n2Ibid. \r\n3Now see the Code of Criminal Procedure, 1898 (V of 1898). \r\n4Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n5X of 1882. Now see the Code of Criminal Procedure, 1898 (V of 1898). \r\n6V of 1871. Now see the Prisoners Act, 1900 (III of 1900). \r\n7Omitted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), published in the Gazette of West Pakistan \r\n(Extraordinary), dated: 2 June 1962, pp. 2195-2200, s. 3(2) read with Schedule II. \r\n8Ibid. It was inserted by the Prisons (West Pakistan Amendment) Act, 1958 (XLI of 1958), published in the Gazette of West \r\nPakistan (Extraordinary), dated: 23 September 1958, pp. 1279-1280, s. 2. \r\n9Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n \r\n \r\n1\r\n[5. Directors of Prisons .– Director of Prisons shall be appointed for the areas to be \r\ndefined by the Provincial Government, and shall exercise, subject to the orde rs of the \r\nProvincial Government, the general control and superintendence of prisons and the staff \r\nemployed in the prisons in the respective areas for which they are appointed.] \r\n6. Officers of prisons.– For every prison there shall be a Superintendent, a M edical \r\nOfficer (who may also be the Superintendent), a Medical Subordinate, a Jailer and such other \r\nofficers as the \r\n2\r\n[Provincial Government] thinks necessary: \r\n3\r\n[* * * * * * * * * * * * * * * * * * *] \r\n4\r\n[Provided further that in the Punjab the \r\n5\r\n[Provincial Government] may appoint for any \r\nprison, a Deputy Superintendent instead of a Jailer, and an Assistant Superintendent instead of \r\na Deputy or Assistant Jailer, and these officers when so appointed shall exercise the same \r\npowers, shall discharge the same duties, and shall be subject to the same disabilities as Jailers \r\nand Deputy or Assistant Jailers respectively.] \r\n7. Temporary accommodation for prisoners.– Whenever it appears to the \r\n6\r\n[Director of \r\nPrisons] that the number of prisoners in any prison is greater than can conveniently or safely be \r\nkept therein, and it is not convenient to transfer the excess number to some other prison, or \r\nwhenever from the outbreak of epidemic disease within any prison, or for any other reason, it \r\nis desirable to provide for the temporary shelter and safe custody of any prisoners, provision \r\nshall be made, by such officer and in such manner as the \r\n7\r\n[Provincial Government] may \r\ndirect, for the shelter and safe custody in temporary prisons of so many of the prisoners as \r\ncannot be conveniently or safely kept in the prison. \r\nCHAPTER III \r\nDuties of Officers \r\nGenerally \r\n8. Control, and duties of officers of prisons .– All officers of a prison shall obey the \r\ndirections of the Superintendent; all officers subordinate to the Jailer shall perform such \r\nduties as may be imposed on them by the Jailer with the sanction of the Superintendent or \r\nbe prescribed by rules under section \r\n8\r\n[59]. \r\n9. Officers not to have business dealings with prisoners .– No officer of a prison \r\nshall sell or let, nor shall any person in trust for or employed by him sell or let, or derive any \r\nbenefit from selling or letting, any article to any prisoner or have any money or other \r\nbusiness dealings directly or indirectly with any prisoner. \r\n \r\n1Substituted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), published in the Gazette of West \r\nPakistan (Extraordinary), dated: 2 June 1962, pp. 2195-2200, s. 3(2) read with Schedule II. \r\n2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, pu blished \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n3Proviso was omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in t he \r\nGazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. \r\n4Added by the Prisons (Punjab Amendment) Act, 1926 (IX of 1926), published in the Punjab Gazette, dated: 16 August 1926, p. \r\n1, s. 2. \r\n5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n6Substituted for t he words “Inspector -General” by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), \r\npublished in the Gazette of West Pakistan (Extraordinary), dated: 2 June 1962, pp. 2195 -2200, s. 3(2) read with the Schedule \r\nII. \r\n7Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n8Ibid., for the figure “60”, Article 3 read with the First Schedule. \r\n \r\n \r\n10. Officers not to be interested in prison-contracts.– No officer of a prison shall, nor \r\nshall any person in trust for or employed by him, have any interest, direct or i ndirect, in any \r\ncontract for the supply of the prison: nor shall he derive any benefit, directly or indirectly, from the \r\nsale or purchase of any article on behalf of the prison or belonging to a prisoner. \r\nSuperintendent \r\n11. Superintendent.– (1) Subject to the orders of the \r\n1\r\n[Director of Prisons] , the \r\nSuperintendent shall manage the prison in all matters relating to discipline, labour, \r\nexpenditure, punishment and control. \r\n(2) Subject to such general or special directions as may be given by the \r\n2\r\n[Provincial \r\nGovernment], the Superintendent of a prison other than a central prison or a prison situated in a \r\npresidency-town shall obey all orders not inconsistent with this Act or any rule thereunder which \r\nmay be given respecting the prison by the District Magistrate, and shall report \r\n3\r\n[through the \r\nDeputy Inspector-General] to the \r\n4\r\n[Director of Prisons] all such orders and the action taken \r\nthereon. \r\n12. Records to be kept by Superintendent.– The Superintendent shall keep, or cause \r\nto be kept, the following records:– \r\n(1) a register of prisoners admitted; \r\n(2) a book showing when each prisoner is to be released; \r\n(3) a punishment-book for the entry of the punishments inflicted on prisoners for \r\nprison-offences; \r\n(4) a visitors’ book for the entry of any observations made by the visitors touching \r\nany matters connected with the administration of the prison; \r\n(5) a record of the money and other articles taken from prisoners; and all such other \r\nrecords as may be prescribed by rules under section 59 \r\n5\r\n[* * *]. \r\nMedical Officer \r\n13. Duties of Medical Officer.– Subject to the control of the Superintendent, the Medical \r\nOfficer shall have charge of the sanitary administration of the prison, and shall perform such \r\nduties as may be prescribed by rules made by the \r\n6\r\n[Provincial Government] under section \r\n7\r\n[59]. \r\n14. Medical Officer to report in certain cases.– Whenever the Medical Officer has reason \r\nto believe that the mind of a prisoner is, or is likely to be, injuriously affected by the discipline or \r\n \r\n1Substituted for the words “Inspector -General” by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), \r\npublished in the Gazette of West Pakistan (Extraordinary), dated: 2 June 1962, pp. 2195 -2200, s. 3(2) read with the Schedule \r\nII. \r\n2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n3Inserted by the Prisons (West Pakistan Amendment) Act, 1958 (XLI of 1958), published in the Gazette of West Pakistan \r\n(Extraordinary), dated: 23 September 1958, pp. 1279-1280, s. 4. \r\n4Substituted for the words “Inspector -General” by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), \r\npublished in the Gazette of West Pakistan (Extraordinary), dated: 2 June 1962, pp. 2195 -2200, s. 3(2) read with the Schedule \r\nII. \r\n5The expression “or section 60” was omitted by the G overnment of India (Adaptation of Indian Laws) Order, 1937, published in \r\nthe Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n6Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344 Article 4 read with the Table of General Adaptations. \r\n7Ibid., for the figure “60”, Article 3 read with the First Schedule. \r\n \r\n \r\ntreatment to which he is subjected, the Medical Officer shall report the case in writing to the \r\nSuperintendent, together with such observations as he may think proper. \r\nThis report, with the orders of the Superintendent t hereon, shall forthwith be sent \r\n1\r\n[through the Deputy Inspector-General] to the \r\n2\r\n[Director of Prisons] for information. \r\n15. Report on death of pr isoner.– On the death of any prisoner, the Medical Officer \r\nshall forthwith record in a register the following particulars, so far as they can be ascertained, \r\nnamely: \r\n(1) the day on which the deceased first complained of illness or was observed to \r\nbe ill, \r\n(2) the labour, if any, on which he was engaged on that day, \r\n(3) the scale of his diet on that day, \r\n(4) the day on which he was admitted to hospital, \r\n(5) the day on which the Medical Officer was first informed of the illness, \r\n(6) the nature of the disease, \r\n(7) when the deceased was last seen before his death by the Medical Officer or \r\nMedical Subordinate, \r\n(8) when the prisoner died, and \r\n(9) (in cases where a post -mortem examination is made) an account of the \r\nappearances after death, together with any special remarks that appear to the Medical \r\nOfficer to be required. \r\nJailer \r\n16. Jailer.– (1) The Jailer shall reside in the prison, unless the Super intendent permits \r\nhim in writing to reside elsewhere. \r\n(2) The Jailer shall not, without the \r\n3\r\n[Director of Prisons]’s sanction in writing, be \r\nconcerned in any other employment. \r\n17. Jailer to give notice of death of prisoner.– Upon the death of a prisoner, the Jailer \r\nshall give immediate notice thereof to the Superintendent and the Medical Subordinate. \r\n18. Responsibility of Jailer.– The Jailer shall be responsible for the safe custody of the \r\nrecords to be kept under section 12, for the commitment warrants and all other documents \r\nconfided to his care, and for the money and other articles taken from prisoners. \r\n19. Jailer to be present at night .– The Jailer shall not be absent from the prison for a \r\nnight without permission in writing from the Superintendent; but, if absent without leave for a \r\nnight from unavoidable necessity, he shall immediately report the fact and the cause of it to \r\nthe Superintendent. \r\n \r\n1Inserted by the Prisons (West Pakistan Amendment) Act, 1958 (XLI of 1958), published in the Gazette of West Pakistan \r\n(Extraordinary), dated: 23 September 1958, pp. 1279-1280, s. 5. \r\n2Substituted for the words “Inspector -General” by the West Pakistan (Adapta tion of Laws) Ordinance, 1962 (XXV of 1962), \r\npublished in the Gazette of West Pakistan (Extraordinary), dated: 2 June 1962, pp. 2195 -2200, s. 3(2) read with the Schedule \r\nII. \r\n3Substituted for the words “Inspector -General” by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), \r\npublished in the Gazette of West Pakistan (Extraordinary), dated: 2 June 1962, pp. 2195 -2200, s. 3(2) read with the Schedule \r\nII. \r\n \r\n \r\n20. Powers of Deputy and Assistant Jailers .– Where a Deputy Jailer or Assistant \r\nJailer is appointed to a p rison, he shall, subject to the orders of the Superintendent, be \r\ncompetent to perform any of the duties, and be subject to all the responsibilities, of a Jailer \r\nunder this Act or any rule thereunder. \r\nSubordinate Officers \r\n21. Duties of gate-keeper.– The officer acting as gate-keeper, or any other officer of the \r\nprison, may examine anything carried in or out of the prison, and may stop and search or cause \r\nto be searched any person suspected of bringing any prohibited article into or out of the prison, \r\nor of carrying out any property belonging to the prison, and, if any such article or property be \r\nfound, shall give immediate notice thereof to the Jailer. \r\n22. Subordinate officers not to be absent without leave .– Officers subordinate to the \r\nJailer shall not be absent from the prison without leave from the Superintendent or from the \r\nJailer. \r\n23. Convict officers.– Prisoners who have been appointed as officers of prisons shall \r\nbe deemed to be public servants within the meaning of the Indian Penal Code\r\n1\r\n. \r\nCHAPTER IV \r\nAdmission, Removal and Discharge of Prisoners \r\n24. Prisoners to be examined on admission .– (1) Whenever a prisoner is admitted \r\ninto prison, he shall be searched, and all weapons and prohibited articles shall be taken from \r\nhim. \r\n(2) Every criminal prisoner shall also, as soon as possible after admission, be \r\nexamined under the general or special orders of the Medical Officer, who shall enter or \r\ncause to be entered in a book, to be kept by the Jailer, a record of the state of the prison er’s \r\nhealth, and of any wounds or marks on his person, the class of labour he is fit for if \r\nsentenced to rigorous imprisonment, and any observations which the Medical Officer thinks \r\nfit to add. \r\n(3) In the case of female prisoners the search and examinatio n shall be carried \r\nout by the matron under the general or special orders of the Medical Officer. \r\n25. Effects of prisoners .– All money or other articles in respect whereof no order of a \r\ncompetent Court has been made, and which may with proper authority be brought into the \r\nprison by any criminal prisoner or sent to the prison for his use, shall be placed in the \r\ncustody of the Jailer. \r\n26. Removal and discharge of prisoners .– (1) All prisoners, previously to being \r\nremoved to any other prison, shall be examined by the Medical Officer. \r\n (2) No prisoner shall be removed from one prison to another unless the Medical \r\nOfficer certifies that the prisoner is free from any illness rendering him unfit for removal. \r\n (3) No prisoner shall be discharged against his will from prison, if labouring under \r\nany acute or dangerous distemper, nor until, in the opinion of the Medical Officer, such \r\ndischarge is safe. \r\nCHAPTER V \r\n \r\n1XLV of 1860. Now the Pakistan Penal Code because the word “Indian” deemed to be substitu ted by virtue of its substitution \r\nfor the word “Pakistan” of the said word in the “short title” of the Indian Penal Code by the Adaptation of Central Acts and \r\nOrdinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordin ary), dated: 28 March 1949, \r\npp. 223-283, Article 3 read with the Schedule. \r\n \r\n \r\nDiscipline of Prisoners \r\n27. Separation of prisoners.– The requisitions of this Act with respect to the separation \r\nof prisoners are as follows:– \r\n(1) in a prison containing female as well as male prisoners, the females shall be \r\nimprisoned in separate buildings, or separate parts of the same building, in such manner as \r\nto prevent their seeing, or conversing or holding any intercourse with, the male prisoners; \r\n(2) in a prison where male prisoners under the age of \r\n1\r\n[twenty-one] are confined, \r\nmeans shall be provided for separating them altogether from the other prisoners and for \r\nseparating those of them who have arrived at the age of puberty from those who have not; \r\n(3) unconvicted criminal prisoners shall be kept apart from convicted criminal \r\nprisoners; and \r\n(4) civil prisoners shall be kept apart from criminal prisoners. \r\n28. Association and segregation of prisoners.– Subject to the requirements of the last \r\nforegoing section, convicted criminal prisoners may be confined either in association or \r\nindividually in cells or partly in one way and partly in the other. \r\n29. Solitary confinement.– No cell shall be used for solitary confinement unless it is \r\nfurnished with the means of enabling the prisoner to communicate at any time with an officer \r\nof the prison, and every prisoner so confined in a cell for more than twen ty-four hours, \r\nwhether as a punishment or otherwise, shall be visited at least once a day by the Medical \r\nOfficer or Medical Subordinate. \r\n30. Prisoners under sentence of death .– (1) Every prisoner under sentence of death \r\nshall, immediately on his arrival i n the prison after sentence, be searched by, or by order of, \r\nthe Jailer, and all articles shall be taken from him which the Jailer deems it dangerous or \r\ninexpedient to leave in his possession. \r\n(2) Every such prisoner shall be confined in a cell apart from all other prisoners, \r\nand shall be placed by day and by night under the charge of a guard. \r\nCHAPTER VI \r\nFood, Clothing and Bedding of Civil \r\nand Unconvicted Criminal Prisoners \r\n31. Maintenance of certain prisoners from private sources .– A civil prisoner or an \r\nunconvicted criminal prisoner shall be permitted to maintain himself, and to purchase, or receive \r\nfrom private sources at proper hours, food, clothing, bedding or other necessaries, but subject to \r\nexamination and to such rules as may be approved by the \r\n2\r\n[Director of Prisons]. \r\n32. Restriction on transfer of food and clothing between certain prisoners.– No part \r\nof any food, clothing, bedding or other necessaries belonging to any civil or unconvicted \r\ncriminal prisoner shall be given, h ired or sold to any other prisoner; and any prisoner \r\ntransgressing the provisions of this section shall lose the privilege of purchasing food or \r\nreceiving it from private sources, for such time as the Superintendent thinks proper. \r\n \r\n1Substituted for the word “eighteen” by the Prisons (Amendment) Act, 1930 (VI of 1930), published in the Punjab Gazette, \r\ndated: 11 April 1930, p. 136, s. 2. \r\n2Substituted for the words “Inspector -General” by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), \r\npublished in the Gazette of West Pakistan (Extraordinary), dated: 2 June 1962, pp. 2195 -2200, s. 3(2) read with the Schedule \r\nII. \r\n \r\n \r\n33. Supply of clothing a nd bedding to civil and unconvicted criminal prisoners .– \r\n(1) Every civil prisoner and unconvicted criminal prisoner unable to provide himself with \r\nsufficient clothing and bedding shall be supplied by the Superintendent with such clothing \r\nand bedding as may be necessary. \r\n(2) When any civil prisoner has been committed to prison in execution of a \r\ndecree in favour of a private person, such person, or his representative, shall, within forty -\r\neight hours after the receipt by him of a demand in writing , pay to the Superintendent the \r\ncost of the clothing and bedding so supplied to the prisoner; and in default of such payment \r\nthe prisoner may be released. \r\nCHAPTER VII \r\nEmployment of Prisoners \r\n34. Employment of civil prisoners.– (1) Civil prisoners may, with the Superintendent’s \r\npermission, work and follow any trade or profession. \r\n (2) Civil prisoners finding their own implements, and not maintained at the \r\nexpense of the prison , shall be allowed to receive the whole of their earnings; but the \r\nearnings of such as are furnished with implements or are maintained at the expense of the \r\nprison shall be subject to a deduction, to be determined by the Superintendent, for the use of \r\nimplements and the cost of maintenance. \r\n35. Employment of criminal prisoners.– (1) No criminal prisoner sentenced to labour or \r\nemployed on labour at his own desire shall, except on an emergency with the sanction in writing \r\nof the Superintendent, be kept to labour for more than nine hours in any one day. \r\n(2) The Medical Officer shall from time to time examine the labouring prisoners \r\nwhile they are employed, and shall at least once in every fortnight cause to be recorded \r\nupon the history -ticket of each prisoner employed on labour the weight of such prisoner at \r\nthe time. \r\n(3) When the Medical Officer is of opinion that the health of any prisoner suffers \r\nfrom employment on any kind or class of labour, such prisoner shall not be employed on that \r\nlabour but shall be placed on such other kind or class of labour as the Medical Officer may \r\nconsider suited for him. \r\n36. Employment of criminal prisoners sentenced to simple imprisonment .– \r\nProvision shall be made by the Superintendent for the employment (as long as they so \r\ndesire) of all criminal prisoners sentenced to simple imprisonment; but no prisoner not \r\nsentenced to rigorous imprisonment shall be punished for neglect of work excepting by such \r\nalteration in the scale of diet as may be established by the rules of the pris on in the case of \r\nneglect of work by such a prisoner. \r\nCHAPTER VIII \r\nHealth of Prisoners \r\n37. Sick prisoners .– (1) The names of prisoners desiring to see the Medical \r\nSubordinate or appearing out of health in mind or body shall, without delay, be reported by \r\nthe officer in immediate charge of such prisoners to the Jailer. \r\n (2) The Jailer shall, without delay, call the attention of the Medical Subordinate to \r\nany prisoners desiring to see him, or who is ill, or whose state of mind or body appears to \r\nrequire attention, and shall carry into effect all written directions given by the Medical Officer \r\nor Medical Subordin ate respecting alterations of the discipline or treatment of any such \r\nprisoner. \r\n38. Record of directions of Medical Officers .– All directions given by the Medical \r\nOfficer or Medical Subordinate in relation to any prisoner, with the exception of orders for the \r\n \r\n \r\nsupply of medicines or directions relating to such matters as are carried into effect by the \r\nMedical Officer himself or un der his superintendence, shall be entered day by day in the \r\nprisoner’s history-ticket or in such other record as the \r\n1\r\n[Provincial Government] may by rule \r\ndirect, and the Jailer shall make an entry in its proper place stating in respect of each \r\ndirection the fact of its having been or not having been complied with, accompanied by such \r\nobservations, if any, as the Jailer thinks fit to make, and the date of the entry. \r\n39. Hospital.– In every prison a hospital or proper place for the reception of sick \r\nprisoners shall be provided. \r\nCHAPTER IX \r\nVisits to Prisoners \r\n40. Visits to civil and unconvicted criminal prisoners .– Due provision shall be made \r\nfor the admission, at proper times and under proper restrictions, into every prison of persons \r\nwith whom civil or unco nvicted criminal prisoners may desire to communicate, care being \r\ntaken that so far as may be consistent with the interests of justice, prisoners under trial may \r\nsee their duly qualified legal advisers without the presence of any other person. \r\n41. Search of visitors.– (1) The Jailer may demand the name and address of any visitor \r\nto a prisoner, and, when the Jailer has any ground for suspicion, may search any visitor, or \r\ncause him to be searched, but the search shall not be made in the presence of any prison er \r\nor of another visitor. \r\n (2) In case of any such visitor refusing to permit himself to be searched, the Jailer \r\nmay deny him admission; and the grounds of such proceeding, with the particulars thereof, \r\nshall be entered in such record as the \r\n2\r\n[Provincial Government] may direct. \r\nCHAPTER X \r\nOffences in relation to Prisons \r\n42. Penalty for introduction or removal of prohibited articles into or from prison and \r\ncommunication with prisoners. Whoever, contrary to any rule under section \r\n3\r\n[59] introduces \r\nor removes or attempts by any means whatever to introduce or remove, into or from any prison, \r\nor supplies or attempts to supply to any prisoner outside the limits of a prison, any prohibited \r\narticle, \r\nand every officer of a prison who, contrary to any such rul e, knowingly suffers any \r\nsuch article to be introduced into or removed from any prison, to be possessed by any \r\nprisoner, or to be supplied to any prisoner outside the limits of a prison, \r\nand whoever, contrary to any such rule , communicates or attempts to communicate \r\nwith any prisoner, \r\nand whoever abets any offence made punishable by this section, \r\nshall, on conviction before a Magistrate, be liable to imprisonment for a term not \r\nexceeding six months, or to fine not exceeding two hundred rupees, or to both. \r\n43. Power to arrest for offence under section 42.– When any person, in the presence \r\nof any officer of a prison, commits any offence specified in the last foregoing section, and \r\nrefuses on demand of such officer to state his name and residence, or gives a name or \r\n \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n3Ibid., for the figure “60”, Article 3 read with the First Schedule. \r\n \r\n \r\nresidence which such officer knows, or has reason to believe, to be false, such officer may \r\narrest him, and shall without unnecessary delay make him over to a Police -officer, and \r\nthereupon such Police -officer shall proceed as if the offence had be en committed in his \r\npresence. \r\n44. Publication of penalties .– The Superintendent shall cause to be affixed, in a \r\nconspicuous place outside the prison, a notice in English and the Vernacular setting forth the \r\nacts prohibited under section 42 and the penalties incurred by their commission. \r\nCHAPTER XI \r\nPrison-offences \r\n45. Prison-offences.– The following acts are declared to be prison -offences when \r\ncommitted by a prisoner:– \r\n(1) such wilful disobedience to any regulation of the prison as shall have been \r\ndeclared by rules made under section 59 to be a prison-offence; \r\n(2) any assault or use of criminal force; \r\n(3) the use of insulting or threatening language; \r\n(4) immoral or indecent or disorderly behaviour; \r\n(5) wilfully disabling himself from labour; \r\n(6) contumaciously refusing to work; \r\n(7) filing, cutting, altering or removing handcuffs, fetters or bars without due \r\nauthority; \r\n(8) wilful idleness or negligence at work by any prisoner sentenced t o rigorous \r\nimprisonment; \r\n(9) wilful mismanagement of work by any prisoner sentenced to rigorous \r\nimprisonment; \r\n(10) wilful damage to prison-property; \r\n(11) tampering with or defacing history-tickets, records or documents; \r\n(12) receiving, possessing or transferring any prohibited article; \r\n(13) feigning illness; \r\n(14) wilfully bringing a false accusation against any officer or prisoner; \r\n(15) omitting or refusing to report, as soon as it comes to his knowledge, the \r\noccurrence of any fire, any plot or conspiracy, any escape, attempt or \r\npreparation to escape, and any attack or preparation for attack upon any \r\nprisoner or prison-official; and \r\n(16) conspiring to escape, or to assist in escaping, or to commit any other of the \r\noffences aforesaid. \r\n46. Punishment of such offences.– The Superintendent may examine any person \r\ntouching any such offence, and determine thereupon, and punish such offence by– \r\n(1) a formal warning: \r\nExplanation.– A formal warning shall mean a warning personally addressed to a prisoner by \r\nthe Superintendent and recorded in the punishment book and on the prisoner’s history-ticket; \r\n \r\n \r\n(2) change of labour to some more irksome or severe form \r\n1\r\n[for such period as \r\nmay be prescribed by rules made by the \r\n2\r\n[Provincial Government] ]; \r\n(3) hard labour for a period not exceeding seven days in the case of convicted \r\ncriminal prisoners not sentenced to rigorous imprisonment; \r\n(4) such loss of privileges admissible under the remission system for the time \r\nbeing in force as may be prescribed by rules made by the \r\n3\r\n[Provincial \r\nGovernment]; \r\n(5) the substitution of gunny or other coarse fabric for clothing of other material, \r\nnot being woollen, for a period which shall not exceed three months; \r\n(6) imposition of handcuffs of such pattern and weight, in such manner and for \r\nsuch period, as may be prescribed by rules made by the \r\n4\r\n[Provincial \r\nGovernment]; \r\n(7) imposition of fetters of such pattern and weight, in such manner and for such \r\nperiod, as may be prescribed by rules made by the \r\n5\r\n[Provincial Government]; \r\n(8) separate confinement for any period not exceeding \r\n6\r\n[three] months: \r\nExplanation.– Separate confinement means such confinement with or without labour as \r\nsecludes a prisoner from communication with, but not from sight of, other prisoners, and \r\nallows him not less than one hour’s exercise per diem and to have his meals in association \r\nwith one or more other prisoners; \r\n(9) penal diet, that is, restriction of diet in such manner and subject to such \r\nconditions regarding labour as may be prescribed by the \r\n7\r\n[Provincial \r\nGovernment]: \r\nProvided that such restriction of diet shall in no case be applied to a prisoner \r\nfor more than ninety -six consecutive hours, and shall not be repeated except \r\nfor a fresh offence nor until after an interval of one week; \r\n(10) cellular confinement for any period not exceeding fourteen days: \r\n Provided that after each period of cellular confinement an interval of not less \r\nduration than such period must elapse before the prisoner is again sentenced \r\nto cellular or solitary confinement: \r\nExplanation.– Cellular confinement means such confinement with or without labour as \r\nentirely secludes a prisoner from communication with, but not from sight of, other prisoners: \r\n8\r\n[ * * * * * * * * * * * * * * * * * *] \r\n1\r\n[(11)] penal diet as defined in clause (9) combined with \r\n2\r\n[cellular] confinement \r\n3\r\n[* * * * *]; \r\n \r\n1Added by the Prisons (Amendment) Act, 1925 (XVII of 1925), published in the Government Gazette Punjab and its \r\nDependencies, dated: 3 July 1925, pp. 33-34, s. 2. \r\n2Substituted for the words “Governor General in C ouncil” by the Government of India (Adaptation of Indian Laws) Order, 1937, \r\npublished in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n3Ibid. \r\n4Ibid. \r\n5Ibid. \r\n6Substituted for the word “Six” by the Prisons (Amendment) Act, 1925 (XVII of 1925), published in the Government Gazette \r\nPunjab and its Dependencies, dated: 3 July 1925, pp. 33-34, s. 2. \r\n7Substituted for the words “Governor General in Council” by the Government of India (Adaptation of In dian Laws) Order, 1937, \r\npublished in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n8Clause (11) was repealed by the Prisons (Amendment) Act, 1925 (XVII of 1925), published in the Government Gazette Punjab \r\nand its Dependencies, dated: 3 July 1925, pp. 33-34, s. 2. \r\n \r\n \r\n4\r\n[(12)] whipping, provided that the number of stripes shall not exceed thirty: \r\nProvided that nothing in this section shall render any female or civil prisoner liable to \r\nthe imposition of any form of handcuffs or fetters, or to whipping. \r\n47. Plurality of punishments under section 46 .– \r\n5\r\n[(1)] Any two of the punishments \r\nenumerated in the last foregoing section may be awarded for any such offence in \r\ncombination, subject to the following exceptions, namely:– \r\n(1) formal warning shall not be combined with any other punishment except loss \r\nof privileges under clause (4) of that section; \r\n(2) penal diet shall not be combined with change of labour under claus e (2) of \r\nthat section, nor shall any additional period of penal diet awarded singly be \r\ncombined with any period of penal diet awarded in combination with \r\n6\r\n[cellular] \r\nconfinement; \r\n7\r\n[(3) cellular confinement shall not be combined with separate confinement so as \r\nto prolong the total period of seclusion to which the prisoner shall be liable;] \r\n(4) whipping shall not be combined with any other form of punishment except \r\ncellular \r\n8\r\n[and] separate confinement and loss of privilege admissible under the \r\nremission system. \r\n9\r\n[(5) No punishment shall be combined with any other punishment in contravention \r\nof rules made by the \r\n10\r\n[Provincial Government].] \r\n11\r\n[(2) No punishment shall be awarded for any such offence so as to combine, with \r\nthe punishment awarded for any other such offence, two of the punishments \r\nwhich may not be awarded in combination for any such offence.] \r\n48. Award of punishments under sections 46 and 47 .– (1) The Superintendent shall \r\nhave power to award any of the punishments enumerated in the two last foregoing sections, \r\nsubject, in the case of separate confinement for a period exceeding one month, to the \r\nprevious confirmation of the \r\n12\r\n[Director of Prisons]. \r\n (2) No officer subordinate to the Superintendent shall have power to award any \r\npunishment whatever. \r\n \r\n1Clause (12) was renumbered as (11) ibid. \r\n2Substituted ibid., for the word “solitary”. \r\n3The expression “as defined in clause (11)” was omitted ibid. \r\n4Clause (13) was renumbered as (12) ibid. \r\n5Ibid, s. 3. \r\n6Substituted ibid., for the word “solitary”. \r\n7Substituted by the Prisons (Amendment) Act, 1925 (XVII of 1925), published in the Government Gazette Punjab and its \r\nDependencies, dated: 3 July 1925, pp. 33-34, s. 3. \r\n8Substituted for the word “or” by the Repealing and Amending Act, 1914 (X of 1914), published in the Gazette of India, Part IV, \r\ndated: 21 March 1914, pp. 47-59, s. 2 read with the First Schedule. \r\n9Added by the Prisons (Amendment) Act, 1925 (XVII of 1925), published in the Government Gazette Punjab and its \r\nDependencies, dated: 3 July 1925, pp. 33-34, s. 3. \r\n10Substituted for the words “Governor General in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, \r\npublished in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n11Added by the Prisons (Amendment) Act, 1925 (XVII of 1925), published in the Government Gazette Punjab and its \r\nDependencies, dated: 3 July 1925, pp. 33-34, s. 3. \r\n12Substituted for the words “Inspector -General” by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), \r\npublished in the Gazette of West Pakistan (Extraordinary), dated: 2 June 1962, pp. 2195 -2200, s. 3(2) read with the Schedule \r\nII. \r\n \r\n \r\n49. Punishments to be in accordance with foregoing sections.– Except by order of a \r\nCourt of Justice, no punishment other than the punishments specified in the foregoing \r\nsections shall be inflicted on any prisoner, and no punishment shall be inflicted on any \r\nprisoner otherwise than in accordance with the provisions of those sections. \r\n50. Medical Officer to certify to fitness of prisoner for punishment .– (1) No \r\npunishment of penal diet, either singly or in combination, or of whipping, or of change of \r\nlabour un der section 46, clause (2), shall be executed until the prisoner to whom such \r\npunishment has been awarded has been examined by the Medical Officer, who, if he \r\nconsiders the prisoner fit to undergo the punishment, shall certify accordingly in the \r\nappropriate column of the punishment-book prescribed in section 12. \r\n(2) If he considers the prisoner unfit to undergo the punishment, he shall in like \r\nmanner record his opinion in writing and shall state whether the prisoner is absolutely unfit \r\nfor punishment of the kind awarded, or whether he considers any modification necessary. \r\n(3) In the latter case he shall state what extent of punishment he thinks the \r\nprisoner can undergo without injury to his health. \r\n51. Entries in punishment-book.– (1) In the punishment -book prescribed in section 12 \r\nthere shall be recorded, in respect of every punishment inflicted, the prisoner’s name, register \r\nnumber and the class (whether habitual or not) to which he belongs, the prison-offence of which \r\nhe was guilty, the date on which such prison-offence was committed, the number of previous \r\nprison-offences recorded against the prisoner, and the date of his last prison -offence, the \r\npunishment awarded, and the date of infliction. \r\n(2) In the case of every serious p rison-offence, the names of the witnesses \r\nproving the offence shall be recorded, and, in the case of offences for which whipping is \r\nawarded, the Superintendent shall record the substance of the evidence of the witnesses, \r\nthe defence of the prisoner, and the finding with the reasons therefor. \r\n(3) Against the entries relating to each punishment the Jailer and Superintendent \r\nshall affix their initials as evidence of the correctness of the entries. \r\n52. Procedure on committal of heinous offence.– If any prisoner is guilty of any offence \r\nagainst prison-discipline which, by reason of his having frequently committed such offences or \r\notherwise, in the opinion of the Superintendent, is not adequately punishable by the infliction of \r\nany punishment which he has power under this Act to award, the Superintendent may forward \r\nsuch prisoner to the Court of the District Magistrate or of any Magistrate of the first class \r\n1\r\n[* * * * * \r\n* * *] having jurisdiction, together with a statement of the circumstances, and such Magistrate \r\nshall thereupon inquire into and try the charge so brought against the prisoner, and, upon \r\nconviction, may sentence him to imprisonment which may extend to one year, such term to be in \r\naddition to any term for which such prisoner was undergoing imprisonment when he committed \r\nsuch offence, or may sentence him to any of the punishments enumerated in section 46: \r\n2\r\n[Provided that any such case may be transferred for inquiry and trial by the District \r\nMagistrate to any Magistrate of the first class \r\n3\r\n[* * * * * * * * * * *] :and] \r\nProvided also that no person shall be punished twice for the same offence. \r\n \r\n1The words “or Presiden cy Magistrate” were omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. \r\nNo. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the \r\nSchedule. They were earlier in serted by the Prisons (Amendment) Act, 1910 (XIII of 1910), published in the Punjab Gazette, \r\ndated: 8 April 1910, p. 61, s. 2. \r\n2Substituted by the Prisons (Amendment) Act, 1910 (XIII of 1910), published in the Punjab Gazette, dated: 8 April 1910, p. 61, \r\ns. 2. \r\n3The words “and by a Chief Presidency Magistrate to any other Presidency Magistrate” were omitted by the Adaptation of \r\nCentral Acts and Ordinances Order, 1949 (G.G.O. 4 No. of 1949), published in the Gazette of Pakistan (Extraordinary), dated: \r\n28 March 1949, pp. 223-283, Article 3 read with the Schedule. \r\n \r\n \r\n53. Whipping.– (1) No punishment of whipping shall be inflicted in instalments, or except \r\nin the presence of the Superintendent and Medical Officer or Medical Subordinate. \r\n (2) Whipping shall be inflicted with a light ratan not less than half an inch in \r\ndiameter on the buttocks, and in case of prisoners under the age of sixteen it shall be \r\ninflicted, in the way of school discipline, with a lighter rattan. \r\n54. Offences by prison subordinates.– (1) Every Jailer or officer of a prison \r\nsubordinate to him who shall be guilty of any violation of duty or wilful breach or neglect of \r\nany rule or regulation or lawful order made by competent authority or who shall withdraw \r\nfrom the duties of his office without permission, or without having given previous notice in \r\nwriting of his intention for the period of two months, or who shall wilfully overstay any leave \r\ngranted to him, or who shall engage without authority in any employment other than his \r\nprison-duty, or who shall be guilty of cowardice, shall be liable, on conviction before a \r\nMagistrate, to fine not exceeding two hundred rupees, or to imprisonment for a period not \r\nexceeding three months, or to both. \r\n (2) No person shall under this section be punished twice for the same offence. \r\nCHAPTER XII \r\nMiscellaneous \r\n55. Extramural custody, control and employment of prisoners .– A prisoner, when \r\nbeing taken to or from any prison in which he may be lawfully confined, or whenever he is \r\nworking outside or is otherwise beyond the limits of any such prison in or under the lawful \r\ncustody or control of a prison -officer belonging to such prison, shall be deemed to be in \r\nprison and shall be subject to all the same incidents as if he were actually in prison. \r\n56. Confinement in irons .– Whenever the Superintendent considers it necessary (with \r\nreference either to the state of the prison or the character of the prisoners) for the safe \r\ncustody of any prisoners that they should be confined in irons, he may, subject to such rules \r\nand instructions as may be laid down by the \r\n1\r\n[Director of Prisons] with the sanction of the \r\n2\r\n[Provincial Government], so confine them. \r\n57. Confinement of prisoner s under sentence of transportation in irons .– (1) \r\nPrisoners under sentence of \r\n3\r\n[imprisonment for life] may, subject to any rules made under \r\nsection \r\n4\r\n[59], be confined in fetters for the first three months after admission to prison. \r\n (2) Should the Superintendent consider it necessary, either for the safe custody \r\nof the prisoner himself or for any other reason, that fetters should be retained on any such \r\nprisoner for more than three months, he shall apply to the \r\n5\r\n[Director of Prisons] for sanction \r\nto their retention for the period for which he considers their retention necessary, and the \r\n6\r\n[Director of Prisons] may sanction such retention accordingly. \r\n \r\n1Substituted for the words “Inspector -General” by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), \r\npublished in the Gazette of West Pakistan (Extraordinary), dated: 2 June 1962, pp. 2195-2200, s. 3(2) read with the Schedule \r\nII. \r\n2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n3Substituted for the word “transportation” by the Law Reforms Ordinance, 1972 (XII of 1972), published in the Gazette of \r\nPakistan (Extraordinary), dated: 14 April 1972, pp. 526-583, s. 2(1) read with the Schedule. \r\n4Substituted for the figure “60” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of \r\nIndia (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n5Substituted for the words “Inspector -General” by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), \r\npublished in the Gazette of West Pakistan (Extraordinary), dated: 2 June 1962, pp. 2195 -2200, s. 3(2) read with the Schedule \r\nII. \r\n6Ibid. \r\n \r\n \r\n58. Prisoners not to be ironed by Jailer except under necessity .– No prisoner shall \r\nbe put in irons or under mechanical restraint by the Jailer of his own authority, except in case \r\nof urgent necessity, in which case notice thereof shall be forthwith given to the \r\nSuperintendent. \r\n59. Power to make rules .– \r\n1\r\n[The Provincial Government may ] make rules consistent \r\nwith this Act– \r\n(1) defining the acts which shall constitute prison-offences; \r\n(2) determining the classification of prison -offences into serious and minor \r\noffences; \r\n(3) fixing the punishments admissible under this Act which shall be awardable for \r\ncommission of prison-offences or classes thereof; \r\n(4) declaring the circumstances in which acts constituting both a prison -offence \r\nand an offence under the Indian Penal Code\r\n2\r\n may or may not be dealt with as \r\na prison-offence; \r\n(5) for the award of marks and the shortening of sentences \r\n3\r\n[so, however, that a \r\nsentence of imprisonment for life is not shortened to a period of imprisonment \r\nless than 15 years]; \r\n(6) regulating the use of arms against any prisoner or body of prisoners in the \r\ncase of an outbreak or attempt to escape; \r\n(7) defining the circumstances and regulating the conditions under which \r\nprisoners in danger of death may be released; \r\n4\r\n[(8) for the classification of prisons, and description and construction of wards, \r\ncells and other places of detention; \r\n(9) for the regulation by numbers, length or c haracter of sentences, or otherwise, \r\nof the prisoners to be confined in each class of prisons; \r\n(10) for the government of prisons and for the appointment , \r\n5\r\n[* * * * * * *] of all \r\nofficers appointed under this Act; \r\n(11) as to the food, bedding and clothing of criminal prisoners and of civil prisoners \r\nmaintained otherwise than at their own cost; \r\n(12) for the employment, instruction and control of convicts within or without \r\nprisons; \r\n(13) for defining articles the introduction or removal of which into or out of prisons \r\nwithout due authority is prohibited; \r\n \r\n1Substituted for the expression “The Governor General in Council may for any part of British India, and each Local Government \r\nwith the previous sanction of the Governor General in Council may for the territories under its administration” by the \r\nGovernment of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April \r\n1937, pp. 75-344, Article 3 read with the First Schedule. \r\n2XLV of 1860. Now the Pakistan Penal Code because the word “Indian” deemed to be substituted by virtue of its substitution \r\nfor the word “Pakistan” of the said word in the “short title” of the Indian Penal Code by the Adaptation of Central Acts and \r\nOrdinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, \r\npp. 223-283, Article 3 read with the Schedule. \r\n3Added by the Law Reforms Ordinance, 1972 (XII of 1972), published in the Gazette of Pakistan (Extraordinary), dated: 14 April \r\n1972, pp. 526-583, s. 2(1) read with the Schedule. \r\n4Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India \r\n(Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n5The expression “guidance, control, punishment and dismissal” was omitted ibid. \r\n \r\n \r\n(14) for classifying and prescribing the forms of labour and regulating the periods \r\nof rest from labour; \r\n(15) for regulating the disposal of the proceeds of the employment of prisoners; \r\n(16) for regulating the confinement in fetters of prisoners sentenced to \r\n1\r\n[imprisonment for life]; \r\n(17) for the classification and the separation of prisoners; \r\n(18) for regulating the confinement of convicted criminal prisoners under section \r\n28; \r\n(19) for the preparation and maintenance of history-tickets; \r\n(20) for the selection and appointment of prisoners as officers of prisons; \r\n(21) for rewards for good conduct; \r\n(22) for regulating the transfer of prisoners whose term of \r\n2\r\n[imprisonment for life or \r\nshorter] or imprisonment is about to expire \r\n3\r\n[subject, however, to the consent \r\nof the Provincial Government of any other Province to which a prisoner is to \r\nbe transferred]; \r\n(23) for the treatment, transfer and disposal of criminal lunatics or recovered \r\ncriminal lunatics confined in prisons; \r\n(24) for regulating the transmission of appeals and petitions from prisoners and \r\ntheir communications with their friends; \r\n(25) for the appointment and guidance of visitors of prisons; \r\n(26) for extending any or all of the provisions of this Act and of the rules \r\nthereunder to subsidiary jails or special places of confinement appointed \r\nunder section 541 of the Code of Criminal Procedure, 1882\r\n4\r\n, and to the \r\nofficers employed, and the prisoners confined, therein; \r\n5\r\n[*] \r\n \r\n6\r\n[(27) in regard to the admission, custody, employment, dieting, treatment and \r\nrelease of prisoners; and \r\n(28) generally for carrying into effect the purposes of this Act.] \r\n7\r\n[60. Power of Local Government to make rules.– * * * * * * *] \r\n61. Exhibition of copies of rules.– Copies of rules, under \r\n8\r\n[section 59] so far as they \r\naffect the government of prisons, shall be exhibited, both in English and in the Vernacular, in \r\nsome place to which all persons employed within a prison have access. \r\n \r\n1Substituted for the word “transportation” by the Law Reforms Ordinance, 1972 (XII of 1972), published in the Gazette of \r\nPakistan (Extraordinary), dated: 14 April 1972, pp. 526-583, s. 2(1) read with the Schedule. \r\n2Substituted for the word “transportation or” by the Law Reforms Ordinance, 1972 (XII of 1972), published in the Gazette of \r\nPakistan (Extraordinary), dated: 14 April 1972, pp. 526-583, s. 2(1) read with the Schedule. \r\n3Inserted by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India \r\n(Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n4X of 1882. Now the Code of Criminal Procedure, 1898 (V of 1898). \r\n5The word “and” was omitted by the Government o f India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of \r\nIndia (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n6Inserted ibid. \r\n7Omitted ibid. \r\n8Substituted ibid., for the expression “sections 59 and 60”. \r\n \r\n \r\n62. 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