Bare ActsThe PRISONS ACT, 1894

Section 46

Amendment status not verified — confirm the current text below against the official source.

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 *[for such period] as may be prescribed by rules made by the † [State 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 or furlough or parole system] for the time being in force as may be prescribed by rules made by the †[State Government] ; §[(5) exclusion from the privilege of earning wages for a specified period ; (5A) temporary or permanent reduction from a higher to lower grade or class, or forfeiture of the grade or class, or of all or specified prison privileges] ; (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 † [State 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 ‡ [State Government] ; Punishment of such offences. * Ins. by Act, XVII of 1925, s. 2. † Subs. successively by the A. O. 1937 and A. O. 1950 for “Governor-General-in-Council”. ‡ Subs. for the words “ remission system “ by Bombay Act, XXVII of 1953 (s. 3). § Subs. for clause 5 by Bombay Act, XXIII of 1959 (s. 3). 684 (8) separate confinement for any period not exceeding * [three] months : Explanation.—Separate confinement means such confinement with or without labour as secludes a prisoner from communication with, but not from sight of, other prisoners, and allows him not less than one hour’s exercise per diem and to have his meals in association with one or more other prisoners; (9) † X X X; (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; ‡ X X X X X X (11) § X X X; (12) ¶[ X X X. Provided that nothing in this section shall render any female or civil prisoner liable to the imposition of any form of handcuffs or fetters ** X X X,

Section 46 – The PRISONS ACT, 1894 | DailyLaw.ai