(Act IX of 1894)
[22 March 1894]
An Act to amend the law relating to Prisons.
WHEREAS it is expedient to amend the law relating to prisons
in [2][2][Pakistan
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) It
shall come into force on the first day of July, 1894.
(4) Nothing in this Act shall apply to civil jails
in [4][4][Sind ] and the [5][5][Karachi Division], and those jails shall continue to be
administered under the provisions of section 9 to 16 (both inclusive) of [6][6]Bombay Act II of 1874, as amended by subsequent
enactments.
2. [Repeal]. Repealed by the Repealing Act,
1938 (1 of 1938), section 2 and Schedule.
3. Definitions.— In this Act—
(1) “prison” means any jail or place used
permanently or temporarily under the general or special orders of a [7][7][Provincial Government] for the detention of prisoners,
and includes all lands and buildings appurtenant thereto, but does not include—
(a) any place for the confinement of prisoners
who are exclusively in the custody of the police;
(b) any place specially appointed by the [8][8][Provincial Government] under section 541 of the [9][9]Code of Criminal Procedure, 1882; or
(c) any place which has been declared by the [10][10][Provincial Government], by general or special order, to
be a subsidiary jail:
(2) “criminal prisoner” means any prisoner duly
committed to custody under the writ, warrant or order of any Court or authority
exercising criminal jurisdiction, or by order of a Court-martial:
(3) “convicted criminal prisoner” means any
criminal prisoner under sentence of a Court or Court-martial, and includes a
person detained in prison under the provisions of Chapter VIII of the [11][11]Code of Criminal Procedure, 1882, or under the [12][12]Prisoners Act, 1871:
(4) “civil
prisoner” means any prisoner who is not a criminal prisoner:
(5) “remission
system” means the rules for the time being in force regulating the award of
marks to, and the consequent shortening of sentences of, prisoners in jails:
(6) “history-ticket”
means the ticket exhibiting such information as is required in respect of each
prisoner by this Act or the rules thereunder;
(8) “medical subordinate” means an Assistant
Surgeon, Apothecary or qualified hospital Assistant: and
(9) “prohibited article” means an article the
introduction or removal of which into or out of a prison is prohibited by any
rule under this Act.
CHAPTER II
MAINTENANCE AND OFFICERS OF PRISONS
4. Accommodation for prisoners.— The [14][14][Provincial Government] shall provide, for the prisoners in
the territories under such Government, accommodation in prisons constructed and
regulated in such manner as to comply with the requisitions of this Act in
respect of the separation of prisoners.
[15][15][5. Directors of Prisons.— Directors of Prisons shall be appointed for the areas to be
defined by the Provincial Government, and shall exercise, subject to the orders
of the Provincial Government, the general control and superintendence of
prisons and the staff employed in the prisons in the respective areas for which
they are appointed].
6. Officers
of prisons.— For every
prison there shall be a superintendent, a Medical Officer (who may also be the
Superintendent), a Medical Subordinate, a Jailer and such other officers as the
[16][16][Provincial Government] thinks necessary:
[18][18][Provided further that in the Punjab the [19][19][Provincial Government] may appoint for any prison a
Deputy Superintendent instead of a Jailer, and an Assistant Superintendent
instead of a Deputy or Assistant Jailer, and these officers when so appointed
shall exercise the same powers, shall discharge the same duties, and shall be
subject to the same disabilities as Jailers and Deputy or Assistant Jailers
respectively].
7. Temporary
accommodation for prisoners.— Whenever it appears to the [20][20][Director of Prisons] that the number of prisoners in any
prison is greater than can conveniently or safely be kept therein, and it is
not convenient to transfer the excess number to some other prison,
or whenever
from the outbreak of epidemic disease within any prison, or for any other
reason, it is desirable to provide for the temporary shelter and safe custody
of any prisoners,
provision
shall be made, by such officer and in such manner as the [21][21][Provincial Government] may direct, for the shelter and safe
custody in temporary prisons of so many of the prisoners as cannot be
conveniently or safely kept in the prison.
CHAPTER III
DUTIES OF OFFICERS
Generally
8. Control and duties of officers of
prisons.— All officers of a prison shall obey
the directions of the Superintendent; all officers subordinate to the Jailer
shall perform such duties as may be imposed on them by the Jailer with the
sanction of the Superintendent or be prescribed by rules under section [22][22][59].
9. Officers not to have business dealings
with prisoners.— No officer
of a prison shall sell or let, nor shall any person in trust for or employed by
him, sell or let or derive any benefit from selling or letting, any article to
any prisoner or have any money or other business dealings directly or
indirectly with any prisoner.
10. Officers
not-to be interested in prison-contracts.— No officer of a prison shall, nor shall any person in
trust for or employed by him, have any interest, direct or indirect, in any
contract for the supply of the prison; nor shall he derive any benefit,
directly or indirectly, from the sale or purchase of any article on behalf of
the prison or belonging to a prisoner.
Superintendent
11. Superintendent.— (1) Subject to the orders of the [23][23][Director of Prisons] the Superintendent shall manage the
prison in all matters relating to discipline, labour, expenditure, punishment
and control.
(2) Subject to such general or special
directions as may be given by the [24][24][Provincial Government], the Superintendent of a prison
other than a central prison or a prison situated in a presidency-town shall
obey all orders not inconsistent with this Act or any rule thereunder which may
be given respecting the prison by the District Magistrate, and shall report to
the [25][25][Director of Prisons] all such orders and the action
taken thereon.
12. Records to be
kept by Superintendent.—
The Superintendent shall keep, or cause to be kept, the following records:-
(1) a
register of prisoners admitted;
(2) a
book showing when each prisoner is to be released;
(3) a
punishment-book for the entry of the punishments inflicted on prisoners for
prison-offences;
(4) a visitors’ book for the entry of any
observations made by the visitors touching any matters connected with the
administration of the prison;
(5) a record of the money and other articles
taken from prisoners;
Medical
Officer
13. Duties of
Medical Officer.— Subject to
the control of the Superintendent, the Medical Officer shall have charge of the
sanitary administration of the prison, and shall perform such duties as may be
prescribed by rules made by the [27][27][Provincial Government] under section [28][28][59].
14. Medical
Officer to report in certain cases.— Whenever the Medical Officer has reason to believe that
the mind of a prisoner is, or is likely to be, injuriously affected by the
discipline or treatment to which he is subjected, the Medical Officer shall
report the case in writing to the Superintendent, together with such
observations as he may think proper.
This
report, with the orders of the Superintendent thereon, shall forthwith be sent
to the [29][29][Director of Prisons] for information.
15. Report on death
of prisoner.— On the death
of any prisoner, the Medical Officer shall forthwith record in a register the
following particulars, so far as they can be ascertained, namely:
(1) the
day on which the deceased first complained of illness or was observed to be
ill,
(2) the
labour, if any, on which he was engaged on that day,
(3) the
scale of his diet on that day,
(4) the
day on which he was admitted to hospital,
(5) the
day on which the Medical Officer was first informed of the illness,
(6) the
nature of the disease,
(7) when
the deceased was last seen before his death by the Medical Officer or Medical
Subordinate,
(8) when
the prisoner died, and
(9) (in
cases where a post-mortem examination is made) an account of the appearances
after death,
together with any special remarks that appear to the Medical
Officer to be required.
Jailer
16. Jailer.— (1) The Jailer shall reside in the prison, unless the
Superintendent permits him in writing to reside elsewhere.
(2) The Jailer shall not, without the [30][30][Director of Prisons’] sanction in writing, be concerned in
any other employment.
17. Jailer to give
notice of death of prisoner.—
Upon the death of a prisoner, the Jailer shall give immediate notice thereof to
the Superintendent and the Medical Subordinate.
18. Responsibility
of Jailer.— The Jailer shall be responsible for
the safe custody of the records to be kept under section 12, for the commitment
warrants and all other documents confined to his care, and for the money and
other articles taken from prisoners.
19. Jailer to be
present at night.— The Jailer
shall not be absent from the prison for a night without permission in writing
from the Superintendent; but, if absent without leave for a night from
unavoidable necessity, he shall immediately report the fact and the cause of it
to the Superintendent.
20. Powers of Deputy
and Assistant Jailers.—
Where a Deputy Jailer or Assistant Jailer is appointed to a prison, he shall,
subject to the orders of the Superintendent, be competent to perform any of the
duties, and be subject to all the responsibilities, of a Jailer under this Act
or any rule thereunder.
Subordinate
Officers
21. Duties
of gate-keeper.— The officer acting as gate-keeper, or any other officer of the prison,
may examine anything carried in or out of the prison, and may stop and search
or cause to be searched any person suspected of bringing any prohibited article
into or out of the prison, or of carrying out any property belonging to the
prison, and if any such article or property be found, shall give immediate
notice thereof to the Jailer.
22. Subordinate
officers not to be absent without leave.—
Officers subordinate to the Jailer shall not be absent from the prison without
leave from the Superintendent or from the Jailer.
23. Convict
Officers.— Prisoners who have been appointed
as officers of prisons shall be deemed to be public servants within the meaning
of the Pakistan Penal Code.
CHAPTER IV
ADMISSION, REMOVAL AND DISCHARGE OF PRISONERS
24. Prisoners to be
examined on admission.—
(1) Whenever a prisoner is admitted into prison, he shall be searched, and all
weapons and prohibited articles shall be taken from him.
(2) Every criminal prisoner shall also, as
soon as possible after admission, be examined under the general or special
orders of the Medical Officer, who shall enter or cause to be entered in a
book, to be kept by the Jailer, a record of the state of the prisoner’s health,
and of any wounds or marks on his person, the class of labour he is fit for if
sentenced to rigorous imprisonment, and any observations which the Medical
Officer thinks fit to add.
(3) In the case of female prisoners the
search and examination shall be carried out by the matron under the general or
special orders of the Medical Officer.
25. Effects of
prisoners.— All money or other articles in
respect whereof no order of a competent Court has been made, and which may with
proper authority be brought into the prison by any criminal prisoner or sent to
the prison for his use, shall be placed in the custody of the Jailer.
26. Removal and
discharge of prisoners.—
(1) All prisoners, previously to being removed to any other prison, shall be
examined by the Medical Officer.
(2) No prisoner shall be removed from one
prison to another unless the Medical Officer certifies that the prisoner is
free from any illness rendering him unfit for removal.
(3) No prisoner shall be discharged against
his will from prison, if labouring under any acute or dangerous distemper, nor
until, in the opinion of the Medical Officer, such discharge is safe.
CHAPTER V
DISCIPLINE OF PRISONERS
27. Separation of
prisoners.— The requisitions of this Act with
respect to the separation of prisoners are as follows:-
(1) in
a prison containing female as well as male prisoners, the females shall be
imprisoned in separate buildings, or separate parts of the same building, in
such manner as to prevent their seeing, or conversing or holding any
intercourse with, the male prisoners;
(2) in
a prison where male prisoners under the age of [31][31][twenty-one] are confined, means shall be provided for separating
them altogether from the other prisoners and for separating those of them who
have arrived at the age of puberty from those who have not;
(3) unconvicted
criminal prisoners shall be kept apart from convicted criminal prisoners; and
(4) civil
prisoners shall be kept apart from criminal prisoners.
28. Association and
segregation of prisoners.—
Subject to the requirements of the last foregoing section, convicted criminal
prisoners may be confined in association or individually in cells or partly in
one way and partly in the other.
29. Solitary
confinement.— No cell
shall be used for solitary confinement unless it is furnished with the means of
enabling the prisoner to communicate at any time with an officer of the prison,
and every prisoner so confined in a cell for more than twenty-four hours,
whether as a punishment or otherwise, shall be visited at least once a day by
the Medical Officer or Medical Subordinate.
30. Prisoners under
sentence of death.—
(1) Every prisoner under sentence of death shall, immediately on his arrival in
the prison after sentence, be searched by, or by order of, the Jailer and all
articles shall be taken from him which the Jailer deems it dangerous or
inexpedient to leave in his possession.
(2) Every such prisoner shall be confined in
a cell apart from all other prisoners, and shall be placed, by day and by
night, under the charge of a guard.
CHAPTER VI
FOOD, CLOTHING AND BEDDING OF CIVIL AND UNCONVICTED CRIMINAL
PRISONERS
31. Maintenance
of certain prisoners from private sources.— A civil prisoner or an unconvicted criminal prisoner
shall be permitted to maintain himself, and to purchase, or receive from
private sources at proper hours, food, clothing, bedding or other necessaries,
but subject to examination and to such rules as may be approved by the [32][32][Director of Prisons].
32. Restriction on
transfer of food and clothing between certain prisoners.— No part of any food, clothing, bedding or other necessaries
belonging to any civil or unconvicted criminal prisoner shall be given, hired
or sold to any other prisoner; and any prisoner transgressing the provisions of
this section shall lose the privilege of purchasing food or receiving it from
private sources, for such time as the Superintendent thinks proper.
33. Supply of clothing
and bedding to civil and unconvicted criminal prisoners.— (1) Every civil prisoner and unconvicted criminal prisoner
unable to provide himself with sufficient clothing and bedding shall be
supplied by the Superintendent with such clothing and bedding as may be
necessary.
(2) When any civil prisoner has been
committed to prison in execution of a decree in favour of a private person,
such person, or his representative, shall, within forty-eight hours after the
receipt by him of a demand in writing pay to the Superintendent the cost of the
clothing and bedding so supplied to the prisoner; and in default of such
payment the prisoner may be released.
CHAPTER VII
EMPLOYMENT OF PRISONERS
34. Employment
of civil prisoners.— (1) Civil prisoners may, with the Superintendent’s
permission, work and follow any trade or profession.
(2) Civil prisoners finding their own
implements, and not maintained at the expense of the prison shall be allowed to
receive the whole of their earnings; but the earnings of such as are furnished
with implements or are maintained at the expense of the prison shall be subject
to a deduction to be determined by the Superintendent, for the use of
implements and the cost of maintenance.
35. Employment
of criminal prisoners.— (1) No criminal prisoner sentenced to labour or employed
on labour at his own desire shall, except on an emergency with the sanction in
writing of the Superintendent, be kept to labour for more than nine hours in
any one day.
(2) The Medical Officer shall from time to
time examine the labouring prisoners while they are employed, and shall at
least once in every fortnight cause to be recorded upon the history-ticket of
each prisoner employed on labour the weight of such prisoner at the time.
(3) When the Medical Officer is of opinion
that the health of any prisoner suffers from employment on any kind or class of
labour, such prisoner shall not be employed on that labour but shall be placed
on such other kind or class of labour as the Medical Officer may consider
suited for him.
36. Employment of
criminal prisoners sentenced to simple imprisonment.— Provision shall be made by the Superintendent for the
employment (as long as they so desire) of all criminal prisoners sentenced to
simple imprisonment; but no prisoner not sentenced to rigorous imprisonment
shall be punished for neglect of work excepting by such alteration in the scale
of diet as may be established by the rules of the prison in the case of neglect
of work by such a prisoner.
CHAPTER VIII
HEALTH OF PRISONERS
37. Sick prisoners.— (1) The names of prisoners desiring to see the Medical
Subordinate or appearing out of health in mind or body shall, without delay, be
reported by the officer in immediate charge of such prisoners to the Jailer.
(2) The Jailer shall, without delay, call
the attention of the Medical Subordinate to any prisoners desiring to see him,
or who is ill, or whose state of mind or body appears to require attention, and
shall carry into effect all written directions given by the Medical Officer or
Medical Subordinate respecting alterations of the discipline or treatment of
any such prisoner.
38. Record of
directions of Medical Officers.—
All directions given by the Medical Officer or Medical Subordinate in relation
to any prisoner, with the exception of orders for the supply of medicines or
directions relating to such matters as are carried into effect by the Medical
Officer himself or under his superintendence, shall be entered day by day in
the prisoner’s history-ticket or in such other record as the [33][33][Provincial Government] may by rule direct, and the Jailer
shall make an entry in its proper place stating in respect of each direction
the fact of its having been or not having been complied with, accompanied by
such observations, if any, as the Jailer thinks fit to make, and the date of
the entry.
39. Hospital.— In every prison an hospital or proper place for the
reception of sick prisoners shall be provided.
CHAPTER IX
VISITS TO PRISONERS
40. Visits to civil
and unconvicted criminal prisoners.—
Due provision shall be made for the admission, at proper times and under proper
restrictions, into every prison of persons with whom civil or unconvicted
criminal prisoners may desire to communicate, care being taken that so far as
may be consistent with the interests of justice, prisoners under trial may see
their duly qualified legal advisers without the presence of any other person.
41. Search of
visitors.— (1) The Jailer may demand the name
and address of any visitor to a prisoner, and, when the Jailer has any ground
for suspicion, may search any visitor, or cause him to be searched but the
search shall not be made in the presence of any prisoner or of another visitor.
(2) In case of any such visitor refusing to
permit himself to be searched, the Jailer may deny him admission; and the
grounds of such proceeding, with the particulars thereof, shall be entered in
such record as the [34][34][Provincial Government] may direct.
CHAPTER X
OFFENCES IN RELATION TO PRISONS
42. Penalty
for introduction or removal of prohibited articles into or from prison and
communication with prisoners.— Whoever, contrary to any rule under section [35][35][59] introduces or removes or attempts
by any means whatever to introduce or remove, into or from any prison, or
supplies or attempts to supply to any prisoner outside the limits of a prison,
any prohibited article,
and every
officer of a prison who, contrary to any such rule, knowingly suffers any such
article to be introduced into or removed from any prison, to be possessed by
any prisoner, or to be supplied to any prisoner outside the limits of a prison,
and
whoever, contrary to any such rules, communicates or attempts to communicate
with any prisoner,
and whoever
abets any offence made punishable by this section,
shall, on conviction before a Magistrate, be liable to
imprisonment for a term not exceeding six months, or to fine not exceeding two
hundred rupees, or to both.
43. Power to arrest
for offence under section 42.—
When any person, in the presence of any officer of a prison, commits any
offence specified in the last foregoing section, and refuses on demand of such
officer to state his name and residence, or gives a name or residence which
such officer knows, or has reason to believe, to be false, such officer may
arrest him, and shall without unnecessary delay make him over to a
Police-officer, and thereupon such Police-officer shall proceed as if the
offence had been committed in his presence.
44. Publication of
penalties.— The Superintendent shall cause to
be affixed, in a conspicuous place outside the prison, a notice in English and
the Vernacular setting forth the acts prohibited under section 42 and the
penalties incurred by their commission.
CHAPTER XI
PRISON-OFFENCES
45. Prison-offences.— The following acts are declared to be prison-offences when
committed by a prisoner:-
(1) such wilful disobedience to any regulation of
the prison as shall have been declared by rules made under section 59 to be a
prison-offence;
(2) any assault or use of criminal force;
(3) the use of insulting or threatening language;
(4) immoral or indecent or disorderly behaviour;
(5) wilfully disabling himself from labour;
(6) contumaciously refusing to work;
(7) filing, cutting, altering or removing
handcuffs, fetters or bars without due authority;
(8) wilful idleness or negligence at work by any
prisoner sentenced to rigorous imprisonment.
(9) wilful mismanagement of work by any prisoner
sentenced to rigorous imprisonment;
(10) wilful damage to prison-property;
(11) tampering with or defacing history-tickets,
records or documents;
(12) receiving, possessing or transferring any
prohibited article;
(13) feigning illness;
(14) wilfully bringing a false accusation against
any officer or prisoner;
(15) omitting or refusing to report, as soon as it
comes to his knowledge, the occurrence of any fire, any plot or conspiracy, any
escape, attempt or preparation to escape, and any attack or preparation for
attack upon any prisoner or prison-official; and
(16) conspiring to escape, or to assist in escaping,
or to commit any other of the offences aforesaid.
46. Punishment of
such offences.— The
Superintendent may examine any person touching any such offence, and determine
thereupon, and punish such offence by-
(1) a
formal warning:
Explanation— A formal warning shall mean a warning personally addressed
to a prisoner by the Superintendent and recorded in the punishment book and on
the prisoner’s history-ticket;
(2) change
of labour to some more irksome or severe form [36][36][for such period as may be prescribed by rules made by the [37][37][Provincial Government];
(3) hard
labour for a period not exceeding seven days in the case of convicted criminal
prisoners not sentenced to rigorous imprisonment;
(4) such
loss of privileges admissible under the remission system for the time being in
force as may be prescribed by rules made by the [38][38][Provincial Government];
(5) the
substitution of gunny or other coarse fabric for clothing of other material,
not being woollen, for a period which shall not exceed three months;
(6) imposition
of handcuffs of such pattern and weight, in such manner and for such period, as
may be prescribed by rules made by the [39][39][Provincial Government];
(7) imposition
of fetters of such pattern and weight, in such manner and for such period, as
may be prescribed by rules made by the [40][40][Provincial Government];
Explanation— Separate confinement means such confinement with or without
labour as secludes a prisoner from communication with, but not from sight of,
other prisoners, and allows him not less than one hour’s exercise per diem and
to have his meals in association with one or more other prisoners;
(9) penal
diet, that is, restriction of diet in such manner and subject to such
conditions regarding labour as may be prescribed by the [42][42][Provincial Government]:
Provided that such
restriction of diet shall in no case be applied to a prisoner for more than
ninety-six consecutive hours, and shall not be repeated except for a fresh
offence nor until after an interval of one week;
(10) cellular confinement for any period not
exceeding fourteen days:
Provided that after each
period of cellular confinement an interval of not less duration than such
period must elapse before the prisoner is again sentenced to cellular or
solitary confinement:
Explanation— Cellular confinement means such confinement with or without
labour as entirely secludes a prisoner from communication with, but not from
sight of, other prisoners;
[44][44][(11)] penal
diet as defined in clause (9) combined with [45][45][cellular] confinement [46][46][* * *];
Provided that nothing in this
section shall render any female or civil prisoner liable to the imposition of
any form of handcuffs or fetters, or to whipping.
47. Plurality of
punishments under section 46.— [48][48][(1)] Any two of the punishments enumerated in the last
foregoing section may be awarded for any such offence in combination, subject
to the following exceptions, namely:-
(1) formal
warning shall not be combined with any other punishment except loss of
privileges under clause (4) of that section;
(2) penal
diet shall not be combined with change of labour under clause (2) of that
section, nor shall any additional period of penal diet awarded singly be
combined with any period of penal diet awarded in combination with [49][49][cellular]
confinement;
[50][50][(3) cellular confinement
shall not be combined with separate confinement, so as to prolong the total
period of seclusion to which the prisoner shall be liable];
(4) whipping
shall not be combined with any other form of punishment except cellular [51][51][and] separate confinement and loss of privilege admissible
under the remission system;
[52][52][(5) no punishment will
be combined with any other punishment in contravention of rules made by the [53][53][Provincial Government].]
[54][54][(2) No punishment
shall be awarded for any such offence so as to combine, with the punishment
awarded for any other such offence, two of the punishments which may not be
awarded in combination for any such offence].
48. Award of
punishments under sections 46 and 47.—
(1) The Superintendent shall have power to award any of the punishments
enumerated in the two last foregoing sections, subject, in the case of separate
confinement for a period exceeding one month, to the previous confirmation of
the [55][55][Director of Prisons].
(2) No officer subordinate to the
Superintendent shall have power to award any punishment whatever.
49. Punishments to be
in accordance with foregoing sections.—
Except by order of a Court of Justice, no punishment other than the punishments
specified in the foregoing sections shall be inflicted on any prisoner, and no
punishment shall be inflicted on any prisoner otherwise than in accordance with
the provisions of those sections.
50. Medical Officer
to certify to fitness of prisoner for punishment.— (1) No punishment of penal diet, either singly or in
combination, or of whipping, or of change of labour under section 46, clause
(2), shall be executed until the prisoner to whom such punishment has been
awarded has been examined by the Medical Officer, who, if he considers the
prisoner fit to undergo the punishment, shall certify accordingly in the
appropriate column of the punishment-book prescribed in section 12.
(2) If he considers the prisoner unfit to
undergo the punishment, he shall in like manner record his opinion in writing
and shall state whether the prisoner is absolutely unfit for punishment of the
kind awarded, or whether he considers any modification necessary.
(3) in the latter case he shall state what
extent of punishment he thinks the prisoner can undergo without injury to his
health.
51. Entries
in punishment-book.— (1) In the punishment-book prescribed in section 12
there shall be recorded, in respect of every punishment inflicted, the
prisoner’s name, register number and the class (whether habitual or not) to
which he belongs, the prison-offence of which he was guilty, the date on which
such prison-offence was committed, the number of previous prison-offences
recorded against the prisoner, and the date of his last prison-offence, the
punishment awarded, and the date of infliction.
(2) In the case of every serious
prison-offence, the names of the witnesses proving the offence shall be
recorded, and, in the case of offences for which whipping is awarded, the
Superintendent shall record the substance of the evidence of the witnesses, the
defence of the prisoner, and the finding with the reasons therefor.
(3) Against the entries relating to each
punishment the Jailer and Superintendent shall affix their initials as evidence
of the correctness of the entries.
52. Procedure
on committal of heinous offence.— If any prisoner is guilty of any offence against
prison-discipline which, by reason of his having frequently committed such
offences or otherwise, in the opinion of the Superintendent, is not adequately
punishable by the infliction of any punishment which he has power under this
Act to award, the Superintendent may forward such prisoner to the Court of the
District Magistrate or of any Magistrate of the first class [56][56][* * *] having jurisdiction, together with a statement of
the circumstances, and such Magistrate shall thereupon inquire into and try the
charge so brought against the prisoner, and, upon conviction may sentence him
to imprisonment which may extend to one year, such term to be in addition to
any term for which such prisoner was undergoing imprisonment when he committed
such offence, or may sentence him to any of the punishments enumerated in
section 46:
[57][57][Provided that any such case may be transferred for
inquiry and trial by the District Magistrate to any Magistrate of the first
class [58][58][* * *]:] and
Provided
also that no person shall be punished twice for the same offence.
53. Whipping.— (1) No punishment of whipping shall be inflicted in
instalments, or except in the presence of the Superintendent and Medical
Officer or Medical Subordinate.
(2) Whipping shall be inflicted with a light
ratan not less than half an inch in diameter on the buttocks, and in case of
prisoners under the age of sixteen it shall be inflicted, in the way of school
discipline, with a lighter ratan.
54. Offences by
prison subordinates.—
(1) Every Jailer or officer of a prison subordinate to him who shall be guilty
of any violation of duty or wilful breach or neglect of any rule or regulation
or lawful order made by competent authority or who shall withdraw from the
duties of his office without permission, or without having given previous
notice in writing of his intention for the period of two months, or who shall
wilfully overstay any leave granted to him, or who shall engage without
authority in any employment other than his prison-duty, or who shall be guilty
of cowardice, shall be liable, on conviction before a Magistrate, to fine not
exceeding two hundred rupees, or to imprisonment for a period not exceeding
three months, or to both.
(2) No person shall under this section be
punished twice for the same offence.
CHAPTER XII
MISCELLANEOUS
55. Extramural
custody, control and employment of prisoners.— A prisoner, when being taken to or from any prison in which
he may be lawfully confined, or whenever he is working outside or is otherwise
beyond the limits of any such prison in or under the lawful custody or control
of a prison-officer belonging to such prison, shall be deemed to be in prison
shall be subject to all the same incidents as if he were actually in prison.
56. Confinement in irons.— Whenever the Superintendent considers it necessary (with
reference either to the state of the prison or the character of the prisoners)
for the safe custody of any prisoners that they should be confined in irons, he
may, subject to such rules and instructions as may be laid down by the [59][59][Director of Prisons] with the sanction of the [60][60][Provincial Government], so confine them.
57. Confinement of prisoner under sentence of
transportation in irons.—
(1) Prisoners under sentence of [61][61][imprisonment for life] may, subject to any rules made under
section [62][62][59], be confined in fetters for the first three months
after admission to prison.
(2) Should the Superintendent consider it
necessary, either for the safe custody of the prisoner himself or for any other
reason, that fetters should be retained on any such prisoner for more than
three months, he shall apply to the [63][63][Director
of Prisons] for sanction to their retention for the period for which he
considers their retention necessary, and the [64][64][Director
of Prisons] may sanction such retention accordingly.
58. Prisoners not to be ironed by Jailer
except under necessity.—
No prisoner shall be put in irons or under mechanical restraint by the Jailer
of his own authority, except in case of urgent necessity, in which case notice
thereof shall be forthwith given to the superintendent.
59. Power to make rules.— [65][65][The Provincial Government] may make rules consistent with
this Act—
(1) defining the act which shall constitute
prison-offences;
(2) determining the classification of
prison-offences into serious and minor offences;
(3) fixing the punishments admissible under this
Act which shall be awardable for commission of prison-offences or classes
thereof;
(4) declaring the circumstances in which acts
constituting both a prison-offence and an offence under the Pakistan Penal Code
may or may not be dealt with as a prison-offence;
(5) for the award of marks and the shortening of
sentences; [66][66][so, however, that a sentence of imprisonment for life is
not shortened to a period of imprisonment less than 15 years];
(6) regulating the use of arms against any
prisoner or body of prisoners in the case of an outbreak or attempt to escape;
(7) defining the circumstances and regulating the
conditions under which prisoners in danger of death may be released;
[67][67][(8) for the
classification of prisons, and description and construction of wards, cells and
other places of detention;
(9) for the regulation by numbers, length or
character of sentences, or otherwise, of the prisoners to be confined in each
class of prisons];
(10) for the government of prisons and for the
appointment of all officers appointed under this Act;
(11) as to the food, bedding and clothing of
criminal prisoners and of civil prisoners maintained otherwise than at their
own cost;
(12) for the employment, instruction and control
of convicts within or without prisons;
(13) for defining articles the introduction or
removal of which into or out of prisons without due authority is prohibited;
(14) for classifying and prescribing the forms of
labour and regulating the periods of rest from labour;
(15) for regulating the disposal of the proceeds
of the employment of prisoners;
(16) for regulating the confinement in fetters of
prisoners sentenced to [68][68][imprisonment for life];
(17) for the classification and the separation of
prisoners;
(18) for regulating the confinement of convicted
criminal prisoners under section 28;
(19) for the preparation and maintenance of
history-tickets;
(20) for the selection and appointment of
prisoners as officers of prisons;
(21) for rewards for good conduct;
(22) for regulating the transfer of prisoners
whose term of [69][69][imprisonment for life or shorter] or imprisonment is about
to expire; subject, however, to the consent of the Provincial Government of any
other Province to which a prisoner is to be transferred;
(23) for the treatment, transfer and disposal of
criminal lunatics or recovered criminal lunatics confined in prisons;
(24) for regulating the transmission of appeals
and petitions from prisoners and their communications with their friends;
(25) for the appointment and guidance of visitors
of prisons;
(26) for extending any or all of the provisions of
this Act and of the rules thereunder to subsidiary jails or special places of
confinement appointed under section 541 of the [70][70]Code of Criminal Procedure, 1882, and to the officers
employed, and the prisoners confined, therein;
(27) in regard to the admission, custody,
employment, dieting, treatment and release of prisoners; and
(28) generally for carrying into effect the
purposes of this Act.
60. [Power of Local Government to make rules].
Repealed by A.O., 1937.
61. Exhibition of copies of rules.— Copies of rules, under [71][71][section 59] so far as they affect the government of
prisons, shall be exhibited, both in English and in the Vernacular, in some
place to which all persons employed within a prison have access.
62. Exercise of powers of Superintendent and
Medical Officer.— All or any
of the powers and duties conferred and imposed by this Act on a Superintendent
or Medical Officer may in his absence be exercised and performed by such other
officer as the [72][72][Provincial Government] may appoint in this behalf either by
name or by his official designation.
THE SCHEDULE-[ENACTMENTS REPEALED]. Repealed by the Repealing Act, 1938 (I of 1938), section 2 and Schedule.
[1][1]For statement of objects and
reasons, see Gazette of India, 1894,
Pt V, p.14; for Report of the Select Committee, see ibid., p. 63, and for Proceedings in Council, see ibid., Pt. VI, pp. 10, 21, 93, 126
and 139.
This Act has been applied to Phulera in the
Excluded Area of Upper Tanawal to the extent the Act is applicable in the
N.W.F.P., subject to certain modification,
see ibid N.W.F.P. (Upper Tanawal)
(Excluded Area) Laws Regulation, 1950.
It has been extended to the Leased Areas of
Baluchistan, see the Leased Areas
(Laws) Order, 1950 (G.G.O. III of 1950), and applied in the Federated Areas of
Baluchistan, see Gazette of India,
1937, Pt. I, p. 1499.
It has been extended to the Excluded Area of
Upper Tanawal other than Phulera by the N.W.F.P. (Upper Tanawal) (Excluded
Area) Laws Regulation, 1950 and declared to be in force in that area with
effect from 1st June, 1951 see
N.W.F.P. Gazette, Extraordinary, dated 1st June, 1951.
[2][2]Substituted by the Central Laws
(Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd Schedule
(with effect from the 14th October, 1955), for “the Provinces and the Capital
of the Federation” which had been substituted by the Adaptation of Central Acts
and Ordinances Order, 1949 (G.G.O. 4 of 1949), Articles 3 (2) and 4, for “British India ”.
[3][3]Substituted ibid., for the existing sub-section (2), as amended by the Federal
Laws (Revision and Declaration) Act, 1951 (XXVI of 1951).
[4][4]Substituted by the Adaptation of
Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Schedule, for “the
Presidency of Bombay outside the City of Bombay ”.
[5][5]Substituted by the Central
Adaptation of Laws Order, 1964 (P.O. 1 of 1964), Article 2 and Schedule, for
“Federal Territory of Karachi” which had been Substituted by the Repealing and
Amending Ordinance, 1961 (I of 1961), section 3 and 2nd Schedule, for “Capital
of the Federation”.
[7][7]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as
amended by the Government of India
[10][10]Substituted by the Government
of India (Adaptation of
Indian Laws) Order, 1937 as amended by the Government of India
[13][13]Clause (7-A) was inserted by
the Prisons (West Pakistan Amendment) Act, 1958 (XLI of 1958); however, this
clause and clause (7) were deleted by the West Pakistan
(Adaptation of Laws) Ordinance, 1962 (XXV of 1962).
[14][14]Substituted by the Government
of India (Adaptation of
Indian Laws) Order, 1937 as amended by the Government of India
[16][16]Substituted by the Government
of India (Adaptation of Indian
Laws) Order, 1937 as amended by the Government of India
[19][19]Substituted by the Government
of India (Adaptation of
Indian Laws) Order, 1937 as amended by the Government of India
[20][20]Substituted, for “Inspector
General”, by the West Pakistan (Adaptation of
Laws) Ordinance, 1962 (XXV of 1962).
[21][21]Substituted by the Government
of India (Adaptation of
Indian Laws) Order, 1937 as amended by the Government of India
[22][22]Substituted
by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[23][23]Substituted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV
of 1962), for “Inspector General”.
[24][24]Substituted by the Government
of India (Adaptation of
Indian Laws) Order, 1937 as amended by the Government of India
[25][25]Substituted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV
of 1962), for “Inspector General”.
[26][26]The words and figures “or
section 60” repealed by the Government of India (Adaptation of Indian Laws)
Order, 1937 as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order, 1937.
[29][29]Substituted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV
of 1962), for “Inspector General”.
[32][32]Substituted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV
of 1962), for “Inspector General”.
[33][33]Substituted by the Government
of India (Adaptation of
Indian Laws) Order, 1937 as amended by the Government of India
[34][34]Substituted by the Government
of India (Adaptation of
Indian Laws) Order, 1937 as amended by the Government of India
[37][37]Substituted by the Government
of India (Adaptation of
Indian Laws) Order, 1937 as amended by the Government of India
[42][42]Substituted by the Government
of India (Adaptation of
Indian Laws) Order, 1937 as amended by the Government of India
[43][43]Original clause (11) was
repealed and clauses (12) and (13) were renumbered as (11) and (12),
respectively, by the Prisons (Amendment) Act, 1925 (XVII of 1925).
[48][48]The original section 47 was
renumbered as section 47 (1), by the Prisons (Amendment) Act, 1925 (XVII of
1925).
[51][51]Substituted by the Repealing
and Amending Act, 1914 (X of 1914), section 2 and schedule I, for “or”.
[53][53]Substituted by the Government
of India (Adaptation of Indian
Laws) Order, 1937 as amended by the Government of India
[55][55]Substituted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV
of 1962)., for “Inspector General”.
[56][56]The words “or Presidency
Magistrate” which were Inserted by the Prisons (Amendment) Act, 1910 (XIII of
1910), section 2 (1), omitted by the Adaptation of Central Acts and Ordinances
Order, 1949 (G.G.O. 4 of 1949).
[57][57]Substituted by the Prisons
(Amendment) Act, 1910 (XIII of 1910), section 2(2) for the original proviso.
[58][58]The words “and by a Chief
Presidency Magistrate to any other Presidency Magistrate” omitted by the
Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949).
[59][59]Substituted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV
of 1962), for “Inspector General”.
[60][60]Substituted by the Government
of India (Adaptation of
Indian Laws) Order, 1937 as amended by the Government of India
[62][62]Substituted
by the Government of India
(Adaptation of Indian Laws) Order, 1937 as amended by the Government of India
[63][63]Substituted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV
of 1962), for “Inspector General”.
[65][65]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “The G.G. in C. may for any part
of British India, and each Local Government with the previous sanction of the
G.G. in C. may for the territories under its administration”.
[67][67]Substituted by the Government
of India (Adaptation of
Indian Laws) Order, 1937 as amended by the Government of India
[71][71]Substituted by the Government
of India (Adaptation of
Indian Laws) Order, 1937 as amended by the Government of India
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