Published vide in Delhi Gazette, Extra ordinary Part 4, No. 76, dated 18th April, 1988 vide Notification No. F.9(75)/87-Home (General)/(13), in exercise of the Powers conferred under Prisons Act, 1894 (Act 9 of 1894) by the Administrator of the Union Territory of Delhi.
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- Short title and commencement.- (1) These rules may be called the Delhi Prisons (Definitions) Rules, [1988].
(2) They shall come into force at once.
- In the 'Rules' or 'Orders' framed or issued in exercise of the powers conferred under the Prisons Act, by the Administrator of the Union Territory of Delhi, unless a different intention appears from the subject or the context, the expressions :—
(a) 'Administrator' means the Administrator of the Union Territory of Delhi appointed by the President of India under Article 239 of the Constitution of India.
(b) 'Chief Secretary' will mean the Chief Secretary to the Administration of the Union territory of Delhi.
(c) 'Delhi Administration' will mean the Administration of the Union territory of Delhi.
(d) "Inspector General" means and includes General for the time being, of Prisons in Delhi.
(e) "Subordinate Officer" means and includes every Officer of a prison other than the Superintendent and the Medical Officer thereof.
(f) "Casual" means any convicted Criminal prisoner who is not a 'habitual' offender as hereinafter denned;
(g) "Central Jail" means any prison in which convicted criminals, under trial prisoners or parsons detained under any specific Act Ordinance/Orders, as the case may be received/kept for the purpose of undergoing their sentence or for the purpose of judicial custody and/or detention under any specific Act/Ordinance/Orders, as the case may be;
(h) "District Jail" means every jail other than a Central Jail or a special jail.
Note: A temporary prison provided under section 7 of the Prisons Act, 1894, unless declared to be a Central or Special Jail, shall be a District Jail;
(i) "Special Jail" means any prison provided for the confinement of a particular Class or particular classes of prisoners and classed as a Special Jail by the Administrator;
(J) "Compartment" means any room, workshop godown or other covered in, enclosed and protected place in a jail, other than a Cell or Ward;
(k) "Convict" means a convicted Criminal prisoner;
(l) "Under Sentence" means under sentence of imprisonment of either description.
(m) "Habitual Offender" or "Habitual Criminal" means : —
(i) Any person convicted of an Offence whose previous conviction or conviction under Chapter XII, XVI, XVII or XVIII of the Indian Penal Code, 1860 taken by themselves or with the facts of the present case show that he habitually commits an Offence or Offences punishable under any or all of the provisions contained in these chapters;
(ii) any person committed to or detained in Prison under section 22 (read with section 109 or section 110) of the Code of Criminal Procedure, 1973;
(iii) any person convicted of any of the Offences specified in (i) above when it appears from the facts of the case even although no previous conviction has been proved that he is by habit a member of a gang of dacoits, or of thieves or a dealer in stolen property ;
(iv) any member of a Criminal tribe, subject to the discretion of the Administrator;
(v) any person convicted by a Court or Tribunal acting outside India, of an Offence which would have rendered him liable to be classified as a Habitual Criminal, if he had been, convicted in a Court established in India.
Explanation: For the purpose of this definition the word "Conviction" shall include an order made under Section 117, read with Section 110, of the Criminal Procedure Code, 1973.
Note 1: The classification of a convicted person as a habitual Criminal should ordinarily be made by the Convicting Court but if the Convicting Court omits to do so, such classification may be made by the District Magistrate, or in the absence of an order by convicting court and pending the result or a reference to the Distt. Magistrate, by the Officer In charge of the jail where such convicted person is confined :
Provided that any person classed as a Habitual Criminal may apply for a revision of the order.
Note 2: The convicting Court or District Magistrate may for reasons to be recorded in writing, direct that any convicted person or any person committed to or detained in prison under Section 122, read with Section 109 or Section 110 of the Code of Criminal Procedure, 1973 shall not be classed as a Habitual Criminal and may revise such direction.
Note 3: Convicting Court or District Magistrate, as the case maybe, may revise their own classification and the District Magistrate may alter any Classification of a prisoner made by a Convicting Court or any other Authority provided that the alternation is made on the basis of facts which was not before such Court or Authority.
Note 4: The expression "District Magistrate" wherever it occurs in Note 1, 2 and 3 above means the Commissioner of Police, Delhi.
Note 5: Every habitual Criminal shall as far as possible be confined in a Special Jail in which no prisoner other than habitual criminals shall be kept.
Provided that the Inspector General of Prison may transfer to this Special Jail any prisoner, not being a habitual criminal, whom for reasons to be recorded in writing, he believes to be of so vicious or depraved a character and to exercise or to be likely to exercise, so evil an influence on his fellow prisoners that he ought not to be confined with other non-habitual prisoners but a prisoner so transferred shall not otherwise be subject to the special rules effecting habitual criminals.