Amendment status not verified — confirm the current text below against the official source.
(1) TI18 disctpllne in Prisons has to be maintained with fairness and firmness. It has to cover every aspect of life in the prisons. A punishment for indiscipline has to be balanced in relation to tile gravity of the violation. />, positive approach towards prison discipline involves not only a strict adherence to rules and regulations but also a fair, just and equitable handling of prisoners on the part of U'lO stair. (2) ,<\her their admission, all prisoners should be informed ot their rights, duties ano disciplinary requirements in the prisons, in a language understandable to them This aspect ilia}! be drsprayeo on 2. board accessible to prisoners. (3) The following acts are declared to be prison offences when committed by a prisoner, namely: - . (i) endangering the security and custody of a prison ill any way, by a willful or negligent act and shall include tampering in anyway with prison walls, building, bars, rocks ami keys, lamps or lights or with any other security and custody measures; (ii) doin9 any act calculated to create unnecessary alarm in tile minds of other prisoners; (iii) doinQ 01' omitting to any act with intent to cause to oneself any illness. injury or disability: (iv) omittinq to report the cornrnisslon of ally prison ottence: (v) tll'eaking law and order and discipline; (vi) planninq, instigating, abetting, directly or indirectly, in the commission of any prison offence; 12 (vii) refusing, omitting or conniving to abieJe by standards of behavior, rule": and regulations and lawful instructions and orders; (viii) failin~J to assist in the maintenance of prison discipline; (ix) failing to give assistance 10 a prison official whsn calied to do so; (x) making false, malicious and oroundless: written or verbal complaint against prison officials; (xi) committing nuisance or mischief of any kind; (xii) quarrellinq witl1 other prisoners; (xiii) srnokinq; (xlv) Elttackinq, assaultinq and causinq injuries to Ot!18I-S; (x\/) participaiinq in a riot or mutiny. abettinq another prisoner to do n-185<lITle; (xvi) escaping or at1F:mptinD to escape trorn prison or le~~al custody 01' faili;lq to i'8P01110 prison officials about attempted escapes; (xviijpossessmq, hiding, smLl~Jgling or atternptinq to smuggle, obtaining, giving or receiving or bartering contraband articles, failing to report to prison officials about contraband articles; (xviii) steal inn / damaging / destroying I disfiquring I misappropriating any Government property 01' another prisoners' articles ami property; (xix) failing to report at once any loss, breakage or injury which the prisoner may accidentally have caused, to prison property or implements; , (xx) tampering with or defacing identity cards, records or documents; (xxi) breach of the conditions of leave and emergency release; (xxii) refusing to eat food or going on hunger strike; (xxiii) eating or apportioning any food not assigned to him or taking from or adding to the portions assigned to another prisoner; (xxiv) willfully or negligently destroying or spoiling fooe! or throwing it away without orders: (xxv) introducing into food or drink any tiling like!y to render it unpalatable; (xxvi) unauthorized cooking; (xxvii) vio!;:rting rules and regulations framed for the systernatic running of the canteen: (xxviii) bal'\c::rinq canteen articles: (xxix) [\eing irile, careless or neglioent at work, retuslnq to wOI-k" malinqerinq, oisturblno other prisoners at work or 11'1 barracks; (xxx) manutacturlnq any article without the knowledge or permission of a prison officer; (xxxi) pertorrninq ally portion of tl18 task allotted to another' prisoner or obtaining unauthortzed assistance 01 another prisoner in the performance of one's own task; (xxxii) apportioninq to any prisoner any pan of the task to be performed by him / her; (xxxiii) mixing 01'adcling a toreiqn substances to the materials issued for work; (xxxiv) willfully disabtinq hirnselt from labour; (xxxv) converting or atternptinqto convert, a prisoner to a different relioious faith; (xxxvi) willfully hurtinp other's reliqious feeling, beliefs and faiths; (xxxvii) aqitatinq or acting on the basis of caste or religious prejudices, (xxxviii) having any communication, in writing or by word or by signs, without permission, with 81'1youtsider, an under-trial prisoner, detenus, civil prisoner and approvers: (xxxix) sendinq messaqes surreptitiously by writing or verballv: (xl) participating in or orqanizinn unauthorized activities like gambling and iJetting; (xli) using inciecent abusive, insolent, threatenino or improper iar19u2:;)8, br:!ing disrespecttul, making inciecent 01- VUlgar acts Oi' gesturos: (;'dii) soiling Oi i)efcLilin~J any place or article; (,;liii) loi181'in9 or lillqering, lealling the appointeo area or work ..group without permission; (x!iv) hilin9 to 2155is! or preventinq another person from assistlno prison otticials in suppressmq violence, assault, riot, mutiny, attack, gross personal violonce or any other ernerqencies; Pun is Ii III e n t of 66 (I) No officer other than the Superintendent may examine any person committing SUCrl such offences. offence, and determine thereupon, and punish such offence by: .. (i) a formal warning: .. 13 rv'ledici:ll Officer to CerWy the fitness of prisoner tor punishment. Entries in ~'unis,hmEint Explanation: - a formal warninq sflall mean a warning personally addressed to <1 prisoner by the Superintendent and recorded in the punishment book and or11118 prisoner's history-ticket; (ii) change or labour to some more irksome or ~;evor-e form tOI- such period as may bG prescribed by rules made by \1-1(:;State Government from time to time; (iii) hard labour tor a period not e:<ceeding seven days in the case or convicted crirnmal prisoners not sentenced to riqorous irnnrisonment: (iv) such loss of privileges admrsslble under tile remission system for the time beinu in force as may be prescribec by rules made by the State Government Irorn time to tirne; (v) separate confinement tor any period not exceeding three months or as specifiecJ b)' the authorized authority. Explanation: separate confinement means SUCll confinement with or without 13tJOur and seciudos a prisoner rrom cornrnunication with, but not from sight of, other prisoner. and aliows him not less than one hour's exercise per di81i1 and to have his meals ill association with one or more other prisoners: (vi) Penal diet- that is restriction of diet in such manner o~nci subject to such conditions reg::miing labour as may IJe determined by the Deputy inspector Genel'al! Sr. Superintendent of Prisons: Provided that such restriction of diet shall in no case be applied to a prisoner for more than Forry-eioht consecutive hours, and sha!1 not be repeated except for a tresh offence nor untii alter all interval of one week; (2) 1\10prisoner may be punished unless he has been informed of the offence alleged against him and given proper opportunity of presentinq his defense. The competent authority may conduct an inquiry into the case. No prisoner may be punished except in accordance with the terms of laws or :-egulatiorls. (3) I\Jo prisoner shall be punished twice for the same offence provided that any security rT18<3SU(<:',(separate confinement) taken tor the Selle custody of a refractory and dangeroLis prison HI' (}I' for preventinq him! rom cornmiuinq mischief or- :;toppage· of privilsqes which ,.He otherwise admissible to well benaved prisoners only, may 1101be construed as prison punishment for this purpose (6,) The punishment of confinement or-filtigu0 work may not be implemented unless the M",,(iical Officer has examined the prisoner and certified in writir-IQ that he/she is tit to sustain it. The same rules may apply to an)! other punishment ttlat may tJe prejudicial to the physical or mental health of a prisoner, 67 (1) No punishrnent of penal diet, either singly or in combination, or hard labour under clause (v) of sub-section ('I) of section 66 of this Act shall be awarded to any prisoner until the prisoner has been examined by the MeeJical Officer and has been found fit to undergo the punishment and certiiied accordingly by the Medical Officer in the appropriate column of the punishment-book prescribed for this purpose, (2) If he considers the prisoner unfit to undergo the punishment, he shall in the iike manner recor-d his opinion in writing and shall state whether the prisoner is absolutety unfit for punishment of tho kind or whether he considers any modification. (3) In the latter case IlE-) shal: state what extent of punishment he thinks the prisoner car: ullcler\jo without injury to his heattn. f>B Ci) In tile punishment 1)001<to IJe prescribed, every punishment inflicteci shall be r-ecordeci with the namo of the: prisoners. register number and the class (whether 11alJituai 01 not) to which he belongs, tile prison offence of which he was guilty, the date on wnich such pr-ison offence was committed. the number of previous prison offences recorded against the prisoner and the date of his last prison offence, the punishment awaroac and the date of infliction, (2) In the case of every serious prison offellcE!, tile names or tile witnesses provillg trle offence shall be recorded and in case Of offences for which serious punishment is awarded, the Superintendent shall record the substance of tIle evidence of the witnesses, the defence of the prisoner and the finding witn the reasons therefore. Procedure 011 commission of heinous offence. Offences by prison subordinates. " Extramural custody, control and employment of prisoners. Power to make rules. (3) Against the entries relating to each punishment the Jailer and the Superintendent shall affix their initials as evidence of the correctness of the entries, 69 If any prisoner is guilty of any offence against prison discipline which, by reason of havil,g been frequently committed or otherwise. in the opinion of Superintendent, is not adequately punishable by the infliction of any punishment which he has power under this Act to award; the Superintendent mall forward such prisoner to the court of any Magis Irate of the first class having jurisdiction, together witn 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 extent to one year, such term to be in addition to any term tor wnich prisoner was underqoinq imprisonment when he committed such offence, or may sentence him to any of the punishment enumerated under this Act; Plovicied that any such case may be transferred for inquiry and trial by such Magis trate to any other Magistrate of first class and that no prisoner shall be punished twice for tile sa me offence. 70 Every Jailer or officer of a prison subordinate to him who shall be guilty of any violation of duty 01' willful breach or neglect of any rule or requlations or lawful order made by competent authority or who shall withdraw from duties without permission or without having given previous notice in writing of his intention or who shall willfully overstay any leave granted to him or who shall engage without authority ill any employment other than his prison duty or who shall be Quilty of cowardice, shall be liable , on conviction before a Magistrate, to a fine not exceeding rupees five hunclred or to imprisonment for a period not exceeding three months or both, CH.APTER XX MISCELLANEOUS 71 A prisoner when being taken to or from any prison in which he may be lawfully confined 01' whenever he is working outside 01' otherwise beyond the limits of any prison in or under the lawful custody or control of a prison officer belonging to such prison, shall be deemed to be in prison. 72 (1) Tile State Government may make rules consistent witl, tins Act. (2) In particular and without prejudice to the generality of tile foregoing powers, such rules may provide for all or any of the following matters, namely: - (i) defining the acts which shall constitute prison offences; (ii) determining the classification of prison offences into serious and minor offences; (iii) fixing tile punishment admissible under this Act which shall be awardable for commission of prison offences or classes thereof; (iv) cieclarin£l tile circumstances in which acts constituting both a prison offence and an offence under tile Indian Penal Code mayor may not be dealt with 8S 2 prison offence; (\I) for the aW21'd of marks and the shortonlnp of sentences; (vi) regulating the use of arms against any prisoner or body of prisoners in case of an outbreak or attempt to escape: (vii) defining the circumstances and regulating the conditions under which prisoners in serious hearth conditions may be released; (viii) for classification of prisons and description and construction of wards, cells and other places of detention: 15 Exhibition of copies or rules, E.xer(;js(~of powers; of Superintendent and Medical or-nce!'. Protection of actions taken in good i;aith, (ix) for- requlation by numbers. lenqth or character of sentences or otherwise, of tile prisoners to be confined in each class of prison; (x) any subject matter relating to PI-iSOIlS and for the appointment of officers ap pointed under this Act; (xi) as to food, bedding and clothing of criminal prisoners and of civil prisoners maintained otherwise than at their own cost; (xii) for the employment. instructions and control of convicts within or-without prisons; (xiii) tor defining the articles introduction or removal of which into or out of prisons without due authority and prohibition thereof: (xiv) for classifymg and prescribing the forms of labour and regulating tne periods of rest from labour; (xv) for regul8ting tile disposal of proceedings of the employment of prisoners; (xvi) for the classification and separation of prisoners; (xvii) for requlatinq the confinement of convicted criminal prisoners Linder section 26; (xviii) for th(o preparation and maintenance of history tickets; (xix) for tile selection and appointment of prisoners as officers of prison; (xx) for rewards for good conduct; (xxi) for regulating the transfer of prisoners whose term of transportation or imprisonment is about to expire subject, however, to the consent of the State Government of any other State to which a prisoner is to be transterred: (xxii) for the treatment, transfer and disposal of criminal lunatics or recovered criminal lunatics confined in prisons; (xxiii) for regulating the transmission of appeals and petitions from prisoners and their communications with their friends: (xxiv) for tile appointment and guidance of visitors of prisoners; (xxv) for extendinq any or all of the provisions of this Act and of the rules framed there-under to subsidiary jails or special places of confinement appointed under rules and officers employed and the prisoners confined therein; (xxvi) inl'egard to the admission, ernerqencies. education of prisoners, vocational training and proqrarnmes, leave and special leave, women prisoner, Board of Visitors, custody, employment, dieting, treatment and premature release of prisoners: and generally carrying into effects the purposes of this Act