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PRISONS ACT, 1894

CONTENTS

CHAPTER I

preliminary

1.

Title, extent and commencement.

2.

[Repealed.]

3.

Definitions.

CHAPTER II

maintenance AND officers OF prisons

4.

Accommodation for prisoners.

5.

Inspector General.

6.

Officers of prisons.

7.

Temporary accommodation for prisoners.

CHAPTER III

duties OF officers

Generally

8.

Control and duties of officers of prisons.

9.

Officers not to have business dealings with prisoners.

10.

Officers not to be interested in prison-contracts.

Superintendent

11.

Superintendent.

12.

Records to be kept by Superintendent.

Medical Officer

13.

Duties of Medical Officer.

14.

Medical Officer to report in certain cases.

15.

Report on death of prisoner.

Jailer

16.

Jailer.

17.

Jailer to give notice of death of prisoner.

18.

Responsibility of Jailer.

19.

Jailer to be present at night.

20.

Powers of Deputy and Assistant Jailers.

Subordinate Officers

21.

Duties of gate-keeper.

22.

Subordinate officers not to be absent without leave.

23.

Convict Officers.

CHAPTER IV

admission, removal AND discharge OF prisoners

24.

Prisoners to be examined on admission.

25.

Effects of prisoners.

26.

Removal and discharge of prisoners.

CHAPTER V

discipline OF prisoners

27.

Separation of prisoners.

28.

Association and segregation of prisoners.

29.

Solitary confinement.

30.

Prisoners under sentence of death.

CHAPTER VI

food, clothing AND bedding OF civil

AND unconvicted criminal prisoners.

31.

Maintenance of certain prisoners from private sources.

32.

Restriction on transfer of food and clothing between certain prisoners.

33.

Supply of clothing and bedding to civil and un convicted criminal prisoners.

CHAPTER VII

employment OF prisoners

34.

Employment of civil prisoners.

35.

Employment of criminal prisoners.

36.

Employment of criminal prisoners sentenced to simple imprisonment.

CHAPTER VIII

health OF prisoners

37.

Sick prisoners.

38.

Record of directions of Medical Officers.

39.

Hospital.

CHAPTER IX

visits TO prisoners

40.

Visits to civil and un convicted criminal prisoners.

41.

Search of visitors.

CHAPTER X

offences IN RELATION TO prisons

42.

Penalty for introduction or removal of prohibited articles into or from prison and communication with prisoners.

43.

Power to arrest for offence under section 42.

44.

Publication of penalties.

CHAPTER XI

prison-offences

45.

Prison-offences.

46.

Punishment of such offences.

47.

Plurality of punishments under section 46.

48.

Award of punishments under sections 46 and 47.

49.

Punishments to be in accordance with foregoing sections.

50.

Medical Officer to certify to fitness of prisoner for punish­ment.

51.

Entries in punishment-book.

52.

Procedure on committal of heinous offence.

53.

Whipping.

54.

Offences by prison subordinates.

CHAPTER XII

miscellaneous

55.

Extramural custody, control and employment of pri­soners.

56.

Confinement in irons.

57.

Confinement of prisoners under sentence of transporta­tion in irons.

58.

Prisoners not to be ironed by Jailer except under ne­cessity.

59.

Power to make rules.

60.

[Repealed.]

61.

Exhibition of copies of rules.

62.

Exercise of powers of Superintendent and Medical Officer.

THE SCHEDULE

[Repealed.]

Prisons Act, 1894

act No. IX of 1894

[22nd March, 1894]

An Act to amend the law relating to Prisons

whereas it is expedient to amend the law relating to prisons in Pakistan], and to provide rules for the regulation of such prisons;

It is hereby enacted as follows:—

CHAPTER I

preliminary

l.—(l) Title, extent and commencement. This Act may be called the Prisons Act, 1894.

(2) It extends to the whole of Pakistan.]

(3) It shall come into force on the first day of July, 1894.

(4) Nothing in this Act shall apply to civil jails in [Sind and the Karachi Division], and those jails shall continue to be ad­ministered under the provisions of sections 9 to 16 (both inclusive) of Bombay Act II of 1874, as amended by subsequent enact­ments.

2. [Repeal.] Rep. by the Repealing Act, 1938 (I of 1938), 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 [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 [Provincial Go­vernment] under section 541 of the ode of Cri­minal Procedure, 1882; or

(c) any place which has been declared by the [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 ode – of Criminal Procedure, 1882, or under the 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:

(7) “Inspector General” means the Inspector General of Prisons:

(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 [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.

5. Inspector General. An Inspector General shall be appointed for the territories subject to each [Provincial Government], and shall exercise, subject to the orders of the [Provincial Government], the general control and superintendence of all prisons situated in the terri­tories under such Government.

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 [Provincial Government] thinks necessary:

7. Temporary accommodation for prisoners. Whenever it appears to the Inspector General 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 [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 [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.—(1) Superintendent. Subject to the orders of the Inspector General, 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 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 Inspector General 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; and all such other records as may be prescribed by rules under section 59.

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 Provincial Government] under section 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 Inspector General 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.—(1) Jailer. The Jailer shall reside in the prison, unless the Su­perintendent permits him in writing to reside elsewhere.

(2) The Jailer shall not, without the Inspector Generals 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 confided 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.—(1) Prisoners to be examined on admission. 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 prisoners 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. 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.—(1) Removal and discharge of prisoners. 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 [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) un-convicted 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 either 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.—(1) Prisoners under sentence of death. 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 Inspector General.

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.— (1) Supply of clothing and bedding to civil and unconvicted criminal prisoners. 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.—(1) Employment of civil prisoners. Civil prisoners may, with the Superintendents per­mission, work and follow any trade or profession.

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