Bare ActsThe SIKKIM PRISIONS ACT,2007

Section 16

notice of death of prisoner

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

notice of death of prisoner. Whenever the lViedical Officer has reason to believe that the mind of a prisoner is, or is likely to be, injuriously affected by the discipline or ireatment to which he is subjectecl, the lViedical Officer shall report tile case in writing to the Superintendent, toqether witil such observations as he may think proper. This report, with the orders of the Superintendent thereon, shall forthwith be sent to the Deputy lnspector General or Sr. Superintendent of Prisons for information. On triP death of any prisoner, the Meclical Otticer shall torthwith record in a register the following particulars, so far as they can hE~ ascertained. namely: - (i) tl18 (jay on which the deceased first complained of illness or was observed 10 t:Jeill; (ii) tile day 011which he was admitted to hospital: (iii) \lie day on which tt.e Medical Officer was informed of the illness; (iv) the nature of the disease; (II) when tilG deceased was last S08n before his death by the MeLiical Officer; (vi) when the prisoner died, and (vii) in case where a post mortem examination is made on account of the appearances after death, together with any special remarks that appear to !t'18 Medical Otficer to be required. JAILE!~S s SUBORDINATE OFFICEF1S The Jailer shall reside in the prison unless the Superintendent permits hirn in writing to reside elsewhere. The Jailer shall not leave the prison for a niqht without the permission in ",,,riling from the Superintencient, but ·if he has unavoidable circumstances 10 leave the prison for a niqht, he shall take permission trorn the Superintendent. The J<:,iIEd'Sri,}!! directly ne responsible for me safe custody of trie records: commitment warrants and ail other documents entrusted to him including money and other articles taken from p:i~;c-nE;·rs. Upon the death of a prisoner, tt1G Jauer shall give imrnediate information tnereot [0 tho Superintendent and Medical Officer and to the District Magistrate, The District Magistrate on receipt of such lntorrnation shall nolo inquest or cause to hold inquest and if on preliminary inquest has raised suspicion ot some foul play, a videographed post mortem examination shall be conducted. The information of such death shall 1)8 communicated to the National Human Rights Commission within twenty-four hours. Trle Jailer shall collect the relevant documents from the District Magistrate and shall submit to the prison authority without delay. 4- Duties of Sub- 17, Subject to tile orders of tile Superintendent, the Sub-Jailer/Assistant Sub-Jailer shall .Iailer / Assistant be competent to perform any duties of a Jailer under this Act or rules made there under, Sub·,Jailer, The officer actinq as gate-keeper, or any other officer of the prison, may examine anything carried in 01' out of the prison, and may stop and search or cause to be searched any person suspected of tlrin9ing any prohibited article into or out of the prison, or carrying out any property t)e!oll~Jing to the prison. and, if any SUCllarticle or property is found, shall immediately brin~Jit to the notice of tile .Iailer or any superior Olticer present in the Prison. Duties of Gate 18, Keeper. Sub 0 r dill ate 19, officers not to be absent without leave. Officers subordinate to the Jailer shall not bo absent from Ihe prison without leave from the Superintendent 01' trorn lhe .Iailer. Prisoners 20, Prisoners who have been appointed as ln-charce of the Barracks or cells shall be deemed appointed as In - to be public servant within the meaning of section 21 of the Indian Penal Code. i860 (45 of c h ar o e of 1860), 8arr3cks rind cells to be public servants, (3) CHAPTER IV ADMISSiON, REMOVAL 1\1\!DDISCHARGE OF PRISONERS vvhenever a orisoner is admitted into prison. he shall be searched, and all weapons and prohibited articles Sh811be taken from him, Every criminal prisoner shall also, as soon as possible after admission.be examined uncle, the gerH~I'8101- special orders 01 the IVledic:alOffice I', who shall enler or cause 10 be entered in a book. to be kept by tho .Jailer, a record of the stole of prisoner's health, and of any wounds 01' marks on his person, the class of labour he is fit for if sentenced to riqorous imprisonment, and any observation which tile) IVieclical(Ji'!ic()r think:; fit to acid, In the case of female prisoners the search and examination shall be carried out by the Female .JailWarder and in absence of Female Jail Wal'cler any female on the special orders of tile Officer' Oil Duty, ['40prisoners shall Lieadmitted or releasee! between sunset and sunrise except those prisoners who have been taken to courts, Prisoners to be 21, (1) exarnine d on admission. (2) Effects 0'1 prisoners. f~emoval and discharqe of prisoners. ~~epat'ation 01 prisoners. (4) 22, All money or other anicles ill 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 lise, shall be placed in the custocJy 01 the Jailer, 23, (1) /)111prisoners. prior to removal to any other prison, Sfl",11be examined by tile Medical Officer, (2) [\)0 prisonershall be removed from one prison to anotherunless the Medica! Office!' certifies that the prisoner is fr88 trorn any illn(?ss renderillrJ him unlit fur removal, CI1APTHl \f DISCIPUf\IE OF PRISONEF1 24 The requisition of this Act with respect to the separation of prisoners are as follows: - (i) in a prison containing female as well as male prisoner, the females shall be imprisoned in separate buildinQ. 01' separate parts of the same building, ill such manner as to prevent their seeing, or conversing 01' holding any intercourse with, the male prisoner: (ii) in a prison where male prisoners under tlie age of eiqhteen are confined, shall be 5 separated from other prisoners and those who have already arrived at the age ot puberty shall also be separated from those who have not attained puberty. (iii) un-convicted Cl'inlinal prisoners shall be kept apart trorn convicted criminal prisoners; ancl (iv) civil prisoners S[13111)13kept apart from criminal prisoners. I\S(~Oci3ti0i1 and 25, Subject to the requirement of \tIe fOf'egoing section, convicted criminal prisoners lTIai! segregation of be contineo eitner in the association Oi' individually in cells or partly in one way 8nc! partly prisoners. ill the other, ~301it·1.\"Y r.:oi'!fi' ~e:n\r:;nt. 26 hio cell shall be used for solitary confinement unless it is furnished with lrle means of (Jilabling the prisoner to ccrnmunicat« at 8.I'IY time with an officer of the prison, and every prisoner so confined in a cell fOl' more Ulan twenty tour hours, whether as a punishment or otherwise, shall be visited at least once 2 day by a Meclical Officer, Prisoners under 27 (1) sentence of death. IViL1intenaiice or 28 certain prisoners irom pr lv a te sources. (2) Every prisoner under sentence of death shall immediately 011his arrival in the prison be searched by, or by order of, tile Jailer and all articles shall be taken from him, which the Jailer deems it dangerous 01' inexpecient to leave in his possession, Every such prisoner shall be confined in a cell away from all other prisoners, and shall be placed under the charge of a guard by day and by night. CHAPTER VI FOOD, CLOT~-i!NG ,Cl,NO SEDD!f\IG FOR CIVIL I~NO UNCOI\lVICTI::D CRlrJHNAL. PRISONEri A civil prisoner or an un-convicted criminal prisoner shall be permitted to maintain hirnselt, and to purchase, or receive from private SOurCE!S at proper hours, 100c1, clolt'ling, beddinq or other necessaries, but subject to examination and such other rules as may be prescr:t.l~cj by the Deputy lnspector General / Sr. Superintendent of Prisons. However in case of convicted criminal prisoners thu prison authorities Sl1811provide adequate ciotl,ir,g incIUtj![1~J uniforms and tJflcidill~1~;prescribed under this act or rule framed thereunder. r~esir~Gtionon transfer of 'i'ood and clothing between certain prisoners. 29 No part oj 3I'iY toed, clothing, bedc:in~) or other necessaries b()lorr~ing to an)' ci\!iI or unconvictoc criminal prisoner shall be hired, or sale! to any other prisoner; and any priS0l181 transgressing the provisions of this section shall lose the privileqe of purchasrnc iood or receiving it from private sources, for such tirno as the Superintendent consider appropriate. Supply of 30, (1) clothing and bedding to civil and unconvlctad (2) criminal prisoner, - Every civil prisoner and un-convicted criminal prisoner unable to provide himself with sufficient clothing anc! bedding shall be supplied by the Superintendent with suchclothinq and bedding as may be necessary. When any civil prisoner has been committed to prison in execution of a decree in favour of a private person, SUCll person, or [lis representatives, snau, witrun Iorty .. eighthour~:; after the receipt by nirn of demand ill writing, pay to the Supl::'-l'intE:r!dent the cost Gf the clothinq and bedding so supplied to the prisoner; and in detault 01 such payment tile prisoner may be released, CHAPTEI~( V!! [-:!\J1PLOYMENT OF PF~ISONEF~::~ Employment of

Section 16 – The SIKKIM PRISIONS ACT,2007 | DailyLaw.ai