Published vide in Delhi Gazette, Extra-ordinary Part 4 No. 76 dated 18th April, 1988, vide Notification No. F. 9/75/87.-Home (General) (6), in exercise of the powers conferred under clauses (4), (6) and (7) of Section 46 and clauses (1), (6), (17), (18) and (28) of Section 59 read with Section 45 of the Prisons Act, 1894 (9 of 1894) by the Administrator of the Union Territory of Delhi.
DL86
- Short title and commencement.- (1) These rules may be called the Delhi Prisons (Discipline, Daily Routine, Offences and Punishments) Rules, 1988.
(2) They shall come into force at once.
Part 'A' — General Rules for Discipline of Prisoners
- Maintenance of discipline.- It shall be the duty of all executive officers and guarding establishment of Jail to maintain discipline and order amongst prisoners.
- Discipline and custody and Women Prisoners.- (1) It shall be the duty of the Assistant Superintendent in charge or Matron to maintain discipline in the women section of the prison. She shall take care that no women prisoner leaves the women section of the prison unless accompanied by a duly authorised officer of the prison. As far as possible, a matron shall accompany the women prisoner but if male joint guard are required to accompany them not less than two guards shall accompany them.
(2) No women prisoner shall be removed-from the women section of the prison, except, with the special permission of the Superintendent and for the purpose of interview, release or transfer.
(3) No male prisoner shall be allowed to enter a women section of the prison on any account. All menial duties connected therein shall ordinarily be carried out by women prisoner.
(4) No male officer including the Superintendent, shall on any pretext enter the women section of the prison without the lady Assistant Superintendent or the Matron and the two shall not separate while in the section. Should it be necessary to enter the women section during the night, the officer on night duty with one or more guard shall enter the section, if the matron on night duty inside the section calls for his assistance to enforce discipline amongst female prisoners. If a female prisoner requires medical assistance the night duty officer shall enter the section with the medical officer/medical subordinate and the prisoner shall be examined in the presence of the matron.
- Register of visits to be maintained.- (1) There shall be maintained a register at the gate of women's prisons of women's section of prison. Whenever any woman prisoner is taken out of the prison or women's section of a prison, an entry shall be made in this register giving the name and number of the women prisoner, the purpose for which and the time when she was taken out and brought back to the prison or section.
(2) Whenever any male officer or visitor enters the women's prison or the women's section of the prison, an entry indicating the name of the officer or the visitor and the day and time of such visit shall also be made in the register.
- Removal from wards, lock-ups, strict discipline by day and night.- (1) Prisoners, other than those who may at any time be lawfully confined in cells by day and night, shall be removed from their sleeping wards, cells and other compartments, as soon as after day-break as possible, and shall be placed in their proper sleeping wards and looked up for the night before sunset.
(2) prisoners shall be kept and shall remain under strict discipline and control both by day and night.
- Movements, how to be conducted.- All movements of prisoners shall be conducted in an orderly and regular manner, under strict control.
- Power of Inspector General to issue directions.- The Inspector General may in his discretion, from time to time, issue detailed directions as to the manner in which the order, discipline and control, prescribed in the preceding rules, are to be maintained.
- Every prisoner to obey lawful orders.- Every prisoner shall obey lawful order issued to him by any officer of the jail or convict officer of superior rank.
- At the time of morning lock out the Headwarder shall open the ward, barracks and cells in the presence of the Asstt. Supdt. All prisoners shall stand in double file. They and their belongings shall be searched and then they shall be marched out of the barrack/cells and counted. Their number shall be checked with the entries of the lock up register.
- If the count of the prisoners tallies with the entries in the lock up register, the prisoners shall be given sufficient time to conduct their morning chores. The Head Warder with the help of convict officers on duty in the ward shall make the prisoners clean the ward, roll up bedding and arrange it neatly on their berths.
- After the prisoners have finished their morning chores of washing, bathing, and cleaning up their wards/barracks/cells, they shall sit in single file with their utensils and served meals, The Headwarder shall supervise the distribution of the morning meal and the cleaning of the utensils by the prisoners.
- Those prisoners who appear sick or complaint of sickness at the time of morning count shall be sent to the dispensary/hospital for medical investigation and treatment under the charge of a convict officer during working hours of the dispensary/ hospital.
- Those prisoners who are required to attend court shall report at the main gate in the charge of a convict officer or warder. At the main gate they shall sit in double file while awaiting their turn to be sent to court. The convicted prisoners required to labour shall report at the place of work at the scheduled time. The unconvicted prisoners shall remain in their respective wards unless they are called from the wards by a requisition slip issued by an officer of the jail.
- The prisoners employed on outside gangs shall be marched to the chakkar by the convict officer incharge of the gang. The Chief Headwarder shall examine the prisoners as to whether they fulfill the requirement of being employed outside the jail. Thereafter the eligible prisoners shall be made over to the charge of the warder incharge of the gang and a receipt taken from him. They shall then be marched in double file to their place of work outside the jail.
- The prisoners working in the factory shall be marched to the factory gate where their attendance shall be marked and they shall be allowed to enter the factory after being searched. Other prisoners working in gangs inside the jail shall be allotted work at the chakkar.
- Prisoner to salute at word of command.- Prisoners shall be required to salute the Dy. Supdt. or other officer superior to the Dy. Supdt., at the word of command of the officer in whose charge they are, as follows:—
'Tham'—to stand still if marching.
'Uth'—to rise from the sitting position.
'Savdham'—to stop work, if working.
When it is desired to conclude the salute the following words shall be used:
'Chal'—to move forward.
'Baith'—to assume the sitting position.
'Kam Suru'—to resume work.
- Arrangement in gangs and march to work.- On the completion of early morning meal, the prisoners shall be allowed to wash their hands and feeding vessels, and thereafter shall be arranged in gangs according to the gang-roll. Each gang shall be made over to its responsible officer and marched to its working place.
- Arrangement for spare clothing at work.- Every prisoner, if so required, shall carry his complete kit (except second suit, bedding and blankets not in use) with him. At the working places such prisoners shall carefully fold and arrange his spare clothing in line with that of others and in front of it place his plate and cup.
Note 1: Head Warders should be held responsible that no article but the bedding and blankets not in use are left in the ward, after the prisoners have vacated them.
Note 2: The second suit shall be kept in a locked receptacle provided for the purpose in the barrack.
- Prisoners to be locked in worksheds.- The gate of every work-shed provided with a gate shall be kept locked after the prisoners have entered, and the key shall be kept by the officer in charge of the gang, or if there is more than one gang, by the senior officer, who shall be held responsible that no prisoner passes into or out of the workshed without proper permission.
- Access to a urinal and latrine at all hour.- Every prisoner shall have access to a urinal and latrine during normal hours, but any prisoner who uses the latrine at odd hours shall be reported to the Medical subordinate, who shall, if the visits have been frequent, place the prisoner under observation in a cell, and if there is reasons to believe that he has visited the latrine unnecessarily, report the irregularity. In the case of newly convicted prisoners some latitude should be allowed in the enforcement of this measure.
- Complaint of prisoner regarding food.- (1) The Head-warder shall enquire as to the cause of complaint of any prisoner concerning his food. If the complaint is of short distribution, he shall have ration weight, and if the quantity is short, have the deficiency supplied and report about the erring cook to the Deputy Supdt.
(2) If the complaint is of bad quality or bad cooking, the Head-warder shall retain a sample of the food for examination by the Deputy Supdt., who shall make such further enquiry regarding the complaint as may be necessary and report the circumstances to the Supdt. on the first opportunity.
- Work resumed in the afternoon cessation of work for the day.- The convicted prisoners shall complete their allotted labour before the evening bell is sounded for cessation of work. The prisoners working in the factory and the gang of prisoners working inside and outside the jail shall be searched and counted before they are marched to their respective wards. They shall be given reasonable time for bathing, washing and going to the lavatory. On orders of the Headwarder they shall sit in single file with their utensils and served evening meals. The evening meals parade will be similar to the morning parade. At sun set the prisoners shall be made to sit in double file outside their baracks/cells, counted and marched to their sleeping berths and locked. The count shall be entered in the lock up register and signed by the Headwarder and countersigned by the Asstt. Supdt. As far as practicable prisoners who work together shall occupy the same ward.
- Prisoners outside the prison to be brought in for their mid-day ration.- The mid-day ration of gram shall be distributed to the prisoners wherever they may be at work. All prisoners outside the Jail, except those working at a considerable distance and for whom special arrangement for the conveyance of food are made, shall be brought inside the jail to receive the ration.
- Prisoners not to leave their berths.- No prisoner shall be allowed to leave his sleeping berth for any purpose, without first obtaining the permission of the convict officer on duty, or to sit or lie on any other prisoner's berth.
- Disposition of prisoners on parade.- At the Supdt's weekly inspection, the prisoners shall be paraded in single file. Before such prisoner shall be arranged in order his share suit, moonj or shabbar mat, blankets, cup, plate and history ticket. All convict officers and prisoners losing weight shall be paraded separately. On the arrival of the Supdt, the prisoners shall at the word of command stand up, take off their cups and take up their history-tickets. The History-tickets should be held open in the left hand in front of the chest. The right arm and hand should be extended down the right side, palm inwards.
- Prisoners not to leave their places to make complaints.- No prisoner shall leave his place at any time to make any representation to the Supdt. or the Dy. Supdt. but he may, if the representation is an urgent one, such as a complaint of assault or ill-treatment or the limel represent the matter to the Dy. Supdt. or Supdt. when these officers are going their rounds. Any prisoner wishing to appeal shall, if the matter be urgent, be brought by the Dy. Supdt. before the Supdt., but minor complaints and petitions should, as a rule, suit the Supdt's weekly parade.
- Prisoners to be instructed what to do and what to avoid.- Even; prisoner shall be—
(a) instructed as to the course he is to pursue on the occasion of a riot, disturbance or whenever the alarm is sounded.
(b) informed of his liability to be fired on if he joins in any roits-or attempts to escape or refuses or neglects to pursue the course laid down for his guidance,
(c) warned to avoid the acts that are prison offences; and
(d) instructed to place his complaint in the complaint box or tell the warder if he cannot write.
- Prisoners to wash their clothing weekly.- In those jails where no Central Loundary system exists, all prisoners shall wash their cotton clothing on Sunday. In some convenient position a vessel filled with solution of soap and soda shall be placed. Into this solution each prisoner as he passes in file, shall dip his clothes and then proceed to the washing place to scrub and clean them. When necessary the supdt. may detail prisoners to boil and wash blankets, woolen coats and bedding, a special boilee being provided for the purpose. Where there is a Central Loundry, the soiled clothing will be collected weekly and handed over to the dhobi staff for washing.
- Disposal of prisoners in non working days.- The under trial prisoners who are exempt from labour, and other prisoners on the days they are exempt from labour be either looked up in their wards, or, if the washer is favourable, be allowed to sit in file in the yards or take walking exercise or pray in the morning and in the evening.
- Matters affecting caste or religion.- (1) No undue interference with the religion or caste prejudice of prisoners shall be permitted.
(2) Every prisoner shall be allowed to perform his devotions, in a quiet and orderly manner.
(3) No gathering together of prisoners for the purpose of performing any caste ceremony of religious functions shall, under any circumstances, be permitted.
(4) Muhammadan prisoners, other than those placed in hospital or in any convalescent or special gang, who may express a desire to be allowed to keep the fast of Ratnzan, shall be permitted to do so:
Provided that the Medical officer may in the name of any prisoner. if he is of opinion that the continuance of the fast by such prisoner is likely to be injurious or dangerous to health, direct its discontinuance.
Note: Prisoners shall, while keeping the fast receive the whole of their daily rations at the evening meal, and shall be permitted to take such rations into and to retain the whole or any portion thereof in their wards, cells or other compartments, for consumption on the following morning.
(5) When a Supdt. feels any doubt as to the validity of any plea advanced by a prisoner on grounds of caste or religion, he should refer the matter for the Inspector General, whose decision shall be final.
- Rules regarding the cutting of hair— Exceptions.- (1) The hair shall be trimmed only to such extent, and at such times, as may be necessary for the purposes of securing health and cleanliness.
(2) Those prisoners who were accustomed to save their faces before admission to jail may be shaved in jail
Provided that prisoners who are :
(a) Sikhs, shall not have their hair cut or removed in any way;
(b) Hindus shall be allowed to retain the choti or top-knot;
(c) females shall not have their hair cut or removed in any way;
(d) Muhamadans who object on religious grounds to their beards being closely clipped shall be allowed to have their beards trimmed to a length of approximately 3 inches. If, however. the beard is filthy or worminous or skin disease is prevalent, it shall be closely clipped :
Provided further, that the hair of a convict shall not, without his consent, be cut at any time within thirty days of the date on which he is entitled to be released.
Note 1: All prisoners who are permitted to grow their hair long should be allowed 30m1 mustered oil and 20 grams of soap per head once a week. They shall, however, be permitted to supplement the above quantity at their own expense.
Note 2: Should they so desire, all other prisoners shall be allowed soap and oil for sanitary purposes at their own expenses out of their private cash property or through their friends or relatives.
- Privileged/exemptions from the operation of the preceding rule.- (1) Any prisoner who is, under the preceding rules, exempted from the inability of having his hair cut, may at his own request, and with the permission of the Supdt., to be recorded on his history-ticket, have his hair cut or removed.
(2) No convict-officer shall be compelled to have his hair cut more than is in the opinion of the Supdt. necessary for the purpose of keeping him in a state of proper cleanliness.
(3) Prisoners who are more then forty five years of age, may, on the recommendation of the Medical Officer, be permitted to grow their hair to the extent necessary for the maintenance of their health.
(4) The prisoners at the discretion of the Supdt. may be allowed, to keep transistor, radio, T.V., books and periodicals, adequate facilities for games and reading material shall be provided to the convicted prisoners by the Supdt.
Part B : Prohibited Articles
- List of prohibited articles.- The articles specified or included in any of the descriptions contained in the list annexed to this rule shall be deemed to be prohibited articles, within the meaning of section 42 and clause (12) of Section 45 of the Prisons Act, 1894, unless any such article shall be—
(a) introduced into any jail,
(b) removed from any jail,
(c) supplied to any prisoner outside the limit of any jail, or
(d) received, possessed or transferred by any prisoner,
with the permission of the Supdt. or other officer empowered by him in this behalf.
List of prohibited articles
(1) Spirituous liquors of every description, ganj ha, bhang, opium, smack and other intoxicants.
(2) All explosive, intoxicating or poisonous substances and chemicals, whether fluid or solid, of whatever description.
(3) All arms and weapons, knife and cutting implements of every kind and articles which are capable of being used as weapon, of whatever description.
(4) All bullion, matel, coin, jewellery, ornaments, currency notes, securities and articles of value of every description.
(5) All books, paper and printed or written matter and materials and appliances for printing or writing of whatever description.
Provided that the Supdt. may permit supply of books paper and pen or pencil.
(6) String, rope, chains and all materials which are capable of being converted into string or rope or chains, of whatever description.
(7) Wood, bamboo, club, stick, ladder, bricks, stones and earth of every description.
(8) Playing cards or other implements for gambling.
(9) Tape recorder, typewriter and other equipment that can be misused.
- Further rule defining and regulating prohibited articles.- Every article, of whatever description, shall be deemed to be a prohibited article within the meaning of section 42 and clause (12) of section 45 of the Prisons Act, in the case of—
(1) a prisoner—If introduced into or removed from any jail or received, possessed or transferred by such prisoner, and such article has:—
(a) not been issue for his personal use from jail stores or supplies, under proper authority ;
(b) been so issued, if possessed or used at a time or place other then such as is authorised ; or
(c) not been placed in his possession for introduction, removal or use, as the case may be by proper authority ;
(2) a jail official if introduced into or removed from any jail or supplied to any prisoner and such article :
(a) has not been issued or sanctioned, for his personal use by proper authority ;
(b) is not an article of clothing necessary for his personal wear; or
(c) has not been placed in his possession by proper authority for introduction into or removal from the jail or for the purpose of being supplied to any prisoner ;
(3) a visitor— if introduced into or removed from any jail, or supplied to any prisoner and such article :—
(a) is not required for his personal use while within the jail and has not been declared by him before entering the jail, and the introduction, into or removal from the jail possession. of which while in the jail, has not been permitted by proper authority ;
(b) is introduced, with or without authority, and is not retained in his possession until he has left the jail premises; or
(c) comes into his possession while within the jail, and is subsequently removed by him from the jail ,
(4) Any other person—if introduced into or removed from any jail, or supplied to any prisoner, whether within or without the jail.
- Outsiders not to communicate with prisoners.- No person other than a visitor, official or inmate of a prison acting in pursuance of his privilege or duty as such visitor official, or inmate, shall communicate or attempt to communicate with any prisoner.
Part C : Acts Constituting Prison Offences
- Acts declared to be prison offences by rule made under Act IX, 1894.- The following acts are forbidden and, every prisoner who wilfully commits any of the following acts shall be deemed to have wilfully disobeyed the regulations of the prison, and to have committed a prison offence within the meaning of Section 45(1) of the prison Act :—
(1) talking when at file or at unlocking or at latrine, bathing or other parades, or at any time when ordered by an officer of the prison to desist, and singing, loud laughing and loud talking at any time ;
(2) quarrelling with any other prisoner;
(3) secreting any article whatever;
(4) showing disrespect to any jail officer or visitor;
(5) making groundless complaints;
(6) answering untruthfully any question put by any officer of the prison or a visitor:
(7) holding any communication (in writing by word of mouth or otherwise) with an outsider prisoner of opposite sex, Civil or Criminal of a different class in disobedience of the regulations of the prison;
(8) abetting the commission of any prison offence:
(9) omitting to assist in the maintenance of discipline by reporting any prison-offence or to give assistance to an officer of the prison when called on to do so:
(10) doing any act or using any language calculated to wound or offend the feelings and prejudices of a fellow prisoner;
(11) doing any act calculated to create any unnecessary alarm in the minds of the prisoners or officials of the prison.
(12) leaving without permission of an officer of the prison the gang to which he is attached or the part of the prison in which he is confined;
(13) leaving without permission of an officer of the prison the ward, the yard, the place in file, the seat or hearth assigned to him;
(14) loitering about the yards, or lingering in the wards, when these are open;
(15) Quitting or refusing to [march in file when moving about the prison;
(16) resorting unnecessarily to the night latrine;
(17) refusing to eat the food prescribed by the prison diet scale;
(18) eating or appropriating any food not assigned him or taking from, or adding to the portions assigned to the prisoners;
(19) removing without permission of an officer of the prison the food from the cook-room or godowns or from the place where meals are served, or disobeying any order as to the issue and distribution of food and drink;
(20) wilfully destroying food, or throwing it away without orders;
(21) introducing into food or drink anything likely to render it unpalatable or unwholesome;
(22) omitting or refusing to wear the clothing given to him, or exchanging any portion of it for the clothing of other prisoners or losing, discarding, damaging, or altering any part of it;
(23) removing, defacing or altering the clothing.
(24) omitting or refusing to keep the person clean or disobeying any order regulating the cutting of hair or nails.
(25) omitting or refusing to keep clean his clothing, blankets, bedding fetters, iron cups or platters, or neck tickets or other identification taken, or disobeying any order as to the arrangement or disposition of such article.
(26) tampering in any way with prison locks, leaps, or lights or other property with which he has no concern.
(27) stealing the prison clothing or any part of the prison kit of any other prisoner;
(28) committing a nuisance in any part of the prison;
(29) spitting on or otherwise soiling any floor, door, wall or other part of the prison building or any article in the prison;
(30) wilfully defouling the walls, laterines, washing or bathing places;
(31) damaging the trees and vegetables in the garden of the jail, or maltreating the prison cattle;
(32) omitting or refusing to take due care of all prison property entrusted to him;
(33) omitting or refusing to take due care of or injuring, destroying or misappropriating the materials and implements entrusted to him for work;
(34) omitting to report at once any loss, breakage or injury which he may accidentally have caused to prison, property or implements;
(35) manufacturing any article without the knowledge or permission of an officer of the prison;
(36) performing any portion of the task allotted to another prisoner, or obtaining the assistance of another prisoner in the performance .of his own task;
(37) appropriating any portion of the task performed by another prisoner;
(38) mixing or adding any foreign substance to the materials issued for work;
(39) wilfully causing to himself any illness, injury or disability;
(40) causing or omitting to assist in suppressing violence or insubordination of any kind;
(41) taking part in any attack upon any prisoner or officer of the prison;
(42) omitting or refusing to help any officer of the prison in case of an attempted escape or of an attack upon such officer or upon another prisoner;
(43) disobeying any lawful order of an officer of the prison or refusing to perform duties in the manner prescribed.
- Reference to Magistrate.- When in the opinion of the Supdt, any of the following offences are established against any prisoner, he shall refer the case to the Magistrate exercising jurisdiction for enquiry in accordance with the Code of Criminal procedure, 1973:
(1) offences punishable under sections 147, 148 and 152 of the Indian Penal Code;
(2) offences punishable under sections 222, 223 and 224 of the Indian Penal Code;
(3) offences punishable under sections 304-A, 309, 325 and 326 of the Indian Penal Code; and
(4) any offence triable exclusively by the Court of Sessions.
Note: The offences specified in the above rule are :—
Section 147 — rioting;
Section 148 — rioting armed with a deadly weapon;
Section 152 — assaulting or obstructing or using criminal force to a public servant, when suppressing riot or threatening or attempting to do so;
Section 222 — intentional omission to apprehend on the part of a public servant, or intentionally siding or suffering to escape any person lawfully committed to custody;
Section 223 — escape negligently suffered by a public servant;
Section 224 — resistance or obstruction to lawful apprehension or escape or attempt to escape from lawful custody;
Section 304-A — causing death by a rash or negligent act;
Section 309 — attempt to commit suicide;
Section 325 — voluntarily causing grievous hurt; and
Section 326 — voluntarily causing grievous hurt by dangerous weapons or means.
- Powers of Superintendent.- It shall be in the discretion of the Supdt. to determine with respect to any other act which constitute both—prison-offence and an offence under the Indian Penal Code, whether he will use his own powers of punishment or move the Magistrate exercising jurisdiction to enquire into it in accordance with the Code of Criminal procedure, 1973.
Part D: Punishment for Offences
- Loss of privileges under the remission syste.- Fora prison offence any one of the following punishments involving loss of privileges may be awarded
(a) Forfeiture of remission earned
(b) Temporary forfeiture of class, grade or prison privileges.
(c) Temporary or permanent reduction from a higher to a lower class or grade.
(d) Temporary or permanent exclusion from the remission system.
Provided that no order directing the forfeiture of remission in excess of twelve days, or the exclusion of a prisoner from the remission system for a period exceeding three months shall take effect without the previous sanction of the Inspector General.
- Permission of Distt. & Sessions Judge for Hand Cuffs, Fetters and appraisal of other Punishments.- Whenever the Supdt. arrives at a decision that it is absolutely necessary to place a prisoner in hand cuffs or fetters, he shall take the prior approval of the District & Sessions Judge, Delhi, in case of other punishments, appraisal of the District & Sessions judge shall be sought within two days of imposition of the punishment.
- Handcuffs may be imposed.- (1) On the wrist in front, by day or night for a period of not more than twelve hours at a time, with intervals of not less than twelve hours between each period, and for not more than four consecutive days or nights.
(2) On the wrist behind, by day only for a period of not more than six hours in an-day of twenty four hours, and for not more than four consecutive days.
(3) By attaching the handcuffs affixed on the prisoner's wrist to a staple in front of the prisoner by day for not more than four consecutive days and for not more than six hours on each day with an interval of at least one hour after the handcuffs have been so attached for three hours;
Provided that such staples shall not be higher than the prisoner's shoulders, nor lower than his wrist, and that no prisoner shall be attached by handcuffs to a staple except in the presence of other prisoners;
Provided further that the punishment referred to in clause (3) shall not be executed until the prisoner to whom the punishment imposed has been examined by the Medical Officer and pronounced to be fit to undergo the punishment;
Provided also that this punishment shall be restricted to cases where the prisoner has been guilty of respected and wilful violations of any prison rule, and where, in fact, his conduct is evidently as such due to contumacy;
Provided also that the weight of handcuffs with lock shall not be more than 2 kgs.
- Shelter from the sun.- Prisoner while undergoing punishment in handcuffs shall be under complete shelter from the sun.
- Description of fetters.- The following classes of fetters may be used in prison:—
(a) Link fetters composed of a chain and ankle-rings.
The total weight of such fetters including the ankle shall not exceed 1.36 kgs. and the chain shall not be less than 61D cm in length.
(b) Bar-fetters composed of two bars joined together by a link and attached to ankle ring. The total weight of such fetters including the ankle-rings, shall not exceed 2.27 kgs. and each bar shall be not less than 5.8 cm in length.
- Period for which fetters may be imposed.- The maximum period for which fetters may be continuously imposed shall be three months.
Provided that a period of at least ten days must elapsed after fetters of any kind have been imposed as a punishment for a prison-offence, before they can be again imposed as a punishment for another prison-offence, whether of the same kind or not.
Note: Two forms of punishments only can be if a convict wearing the same is to be produced in court. The ankle-ring of the fetters shall be perfectly smooth without any inequality. If the doctor advises so the prisoner shall be provided with woollen or leather gaiters.
- Plurality of punishment under Section 46.- Any two of the punishments enumerated in section 47 of the Act IX of 1894 may be awarded for any such offence in combination, subject to the following exceptions, namely:—
(1) formal warning shall not be combined with any other punishment except loss of privileges;
(2) no punishment shall be combined with any other punishment which shall be in contravention of rules made by the Administrator.
Note 1: Two forms of punishments only can be combined under this Rule.
Note 2: No punishment shall be awarded for any such offence so as to combine with the punishment awarded for any other such offence two of the punishments which may not be awarded in combination for such offence.
- Award of punishment under Sections 46 and 47 of Prisons Act, 1894.- No officer subordinate to the Supdt shall have power to award any punishment, whatever.
- Classification of Punishments.- The punishments enumerated in Section 46 of the Prisons Act, 1894 shall be classified into minor and major punishments:—
The following punishments shall be considered minor punishments:— (1) Formal warning;
(2) Change of labour for a stated period to some more irksome or severe form;
(3) Forfeiture of remission earned, not exceeding four days;
(4) Forfeiture of class, grade, or prison privilege for a period not exceeding three months;
(5) Temporary reduction from a higher to a lower class or grade;
(6) Imposition of handcuffs otherwise than by handcuffing a prisoner behind or to a staple; and
(7) Imposition of link-fetters for not more than 30 days.
The following punishments shall be considered major punishments:—
(1) Hard labour in the case of prisoners sentenced to rigorous imprisonment;
(2) (a) Forfeiture of remission earned, exceeding four, but not exceeding twelve days;
(b) Forfeiture of remission earned, in excess of 12 days;
(c) Forfeiture of class, grade or prison privileges for a period exceeding 3 months;
(d) Exclusion from the remission system fora period exceeding 3 months;
(e) Exclusion from the remission system for a period not exceeding 3 months;
(f) Permanent reduction from a higher to a lower class or grade.
(3) Link-fetters, if imposed for more than 30 days;
(4) Bar-fetters;
(5) Handcuffs behind or to a staple; and
(6) Any combination of minor punishments admissible.
Under section 47 of the Act
Note 1: The major punishments 2 (b) and 2 (c) and any combination of the major punishments 2 (b), 2 (c) and 2 (e) shall not be awarded by the Supdt. of a prison without the previous sanction of the Inspector-General of Prisons.
Note 2: An offence will be considered a minor offence when it is dealt with by a minor punishment, and a serious offence when dealt with by a major punishment. The classification in the annual returns should distinguish between (1) offences dealt with by major punishments and (2) offences dealt with by minor punishments. A combination of minor punishments will be shown under the head of major punishments in the punishment statement.
Note 3: The minor punishment (2) is not to be executed until the Medical Officer declares the Prisoner to be fit to undergo the same and makes an entry to this effect in the appropriate column of the punishment register,