Amendment status not verified — confirm the current text below against the official source.
(1) If any inmate is found guilty of any prison offence . . · A ~ which, by reason of his having frequently committed such offences: or ,_. otherwise, in . the opinion of the Superint¢ndent, is not adequately punishable by the · infliction of any punishment which 'be has power under this • ,.-r ).., ·•:i.'• ' I' Act to award, the Superintendent may forward ~uch inmate tO t~e Court of a Magistrate. having jurisdiction, together ·with a·"--statement of the circumstances, and sudl . Magistrate shall· thereupon inquire. into and try the charge so brought aga!nst the inmate, and, upon conviction, may .. , sentence him . to imprisonment ,of either description for_ a temi ·not exceeding one yee1r o~ to any of the punishments enumerated in section 71. '· · (~~ In respect of any offence "&mmitted by any .inmate which ·i~ punfshable under this Act as well as under the I ~·', Indian Penal Code, 1860 or any other law in force, it shall ~i ·' " . be in the· drscretion of the Superintend$nt to determine 1405 ,:-..-·._I • Central Act 45 of 1860 whether h~f 'will use his own powers of punis~me~t or Central forward the inmate to the Court of a .. Magis~~e having .. Act 2 of ., jurisdiction to be dealt with in accordance with the Code of Criminal P~ure._ 1973 : Provided that, in the case of any of the following offences, the Superintendent shall forward the Inmate to the Court of a Magis~rate having jurisdiction, namety ; ~- (a) Any offence triable exclusively by a Court of Session; . , .. (b) Any offence punishable· under section 147 (Rioting) or section 148 (Rioting armed with 1974 a de.adly yj~apon) or section 152 (Assaulting ··or obstructing or using criminal foree to a public Central Act 45 servant when suppressing riot, or.threatening or of 1860 attempting to do so) of the Indian Penal Code, 1860; 1406 - THE ASSAM GAZEITE, EXTRAORDINARY, MAY 30, 2013 t>enalty for introduction or removal of . prohibited articles into or from prison and communica tion with inmates {c) Any offence punishable under section 222 (Pubtic servant intentionally omitting to apprehend any person lawfully committed to custody or intentjonally suffering such person to escape or intentionally aiding such person in Central escaping or attempting to escape) or section Act 45 of 1860 223 (Escape negligently suffered by public servant) or section 224 (Resistance or obstructio.n to lawful apprehension. or escape or, attempt to escape from lawfut custody) of the Indian Penal Code, 1860; (d) Any offence punishable under section 304A (Causing death by a rash or neglige~t act) or section 309 (Attempt to ·commit suicide) or Central Act 45 section 324 (Voluntarily 1~using . hurt by of 1aoo dangerous we~pons or means) or seCtion 325 {Voluntarily causing grievous hurt) of the Indian Penal Code, 1860. (3) No_inmate shall be pqnished twice for the same offence: Provided that the removal of an inmate from a prison office in cc;msequence of a judicial r.onviction for an offence .ehall not be. d~pled as a puni.~nt for the purJ,oses..~f this sub-sec1ton . . · ~ -.1·~~1'· 1• .. . C~TER-XIV -· ·'·. i' . OFFENCES IN RELATION TO PRISONS . . - "