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THE PRISONS ACT, 1894

Title : THE PRISONS ACT, 1894

Year : 1894

[Act, No. 9 of 1894]1*
[22nd March, 1894]

PREAMBLE

An Act to amend the law relating to Prisons.

Whereas it is expedient to amend the law relating to prisons in2*[India except the territories which, immediately before the 1st November, 1956, were comprised in Part B States], and to provide rules for the regulation of such prison, it is hereby enacted as follows:-

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1. Amended in its application to-

(1) the Province of Madras by-

(i) the Prisons and Indian Lunacy (Madras Amendment) Act, 1938 (Madras Act 14 of 1938).

(ii) the Prisons (Madras Amendment) Act, 1940 (Madras Act 5 of 1940).

(iii) the Prisons (Madras Amendment) Act, 1947 (Madras Act 18 of 1947); and

(iv) the Prisons (Madras Amendment) No. II Act, 1947 (Madras Act 19 of 1947).

(2) the Punjab by the Prisons (Punjab Amendment) Act, 1926 (Punjab Act, 9 of 1926).

(3) Delhi by Delhi Act 6 of 1956.

(4) Assam by Assam Act 12 of 1956.

(5) Orissa by Orissa Act 23 of 1956 and 29 of 1958.

(6) West Bengal by West Bengal Act 22 of 1957.

(7) Himachal Pradesh by Himachal Pradesh Act 10 of 1974.
(8) Kerala by Kerala Act 10 of 1976.

The Act has been extended to-

(1) NEFA by Reg. 30 of 1960, subject to certain modifications,videsec. 3 and Schedule

(2) the whole of Madhya Pradesh by Madhya Pradesh Act 40 of 1961.

(3) Goa, Daman and Diu by Reg. 11 of 1963, sec. 3 and Schedule

(4) Dadra and Nagar Haweli by Reg. 6 of 1963, sec. 2 and Schedule

(5) Lakshadweep by Reg. 8 of 1965, sec. 3 and Schedule

(6) the Union Territory of Pondicherry by Act 26 of 1968, sec. 3 and Schedule
Rep in part (in West Bengal) by West Bengal Act 7 of 1948.

Rep in its application to Bellary District by Mysore Act 14 of 1955.
2. Substituted by the Adaptation of Laws (No. 2) Order, 1956, for "Part A States and Part C States".

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(1) This Act may be called the Prisons Act, 1894.

1*[(2) It extends to the whole of India except2*[the territories which, immediately before the 1st November, 1956, were comprised in Part B States];] and

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

(4) Nothing in this Act shall apply to civil jails in the3*[State] of Bombay4*[as it existed immediately before the 1st November, 1956] outside the city of Bombay, and those jails shall continue to be administered under the provisions of sections 9 to 16 (both inclusive) of Bombay Act 2 of 1874 5*, as amended by subsequent enactments.

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1. Substituted by the A.O. 1950, for subsection (2).

2. Substituted by the Adaptation of Laws (No. 2) Order, 1956, for "Part B States".

3. Substituted by the A.O. 1950 for "province" which was Substituted by the A.O. 1948, for "presidency".

4. Inserted by Adaptation of Laws (No. 2) Order, 1956.

5. The Civil Jails Act, 1874.

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[Rep. by the Repealing Act, 1938 (1 of 1938), sec. 2 and Schedule].



In this Act-

(1) "Prison" means any jail or place used permanently or temporarily under the general or special orders of a State 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 State Government under section 541 of the Code of Criminal Procedure, 1882 (10 of 1882); or

(c) Any place which has been declared by the State 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 the1Code of Criminal Procedure, 1882 (10 of 1882) or under the2Prisoners Act, 1871 (5 of 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 jail;

(6) "History-ticket" means me ticket exhibiting such information as is required in respect of each prisoner by this Act or the
rules there under;

(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.

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1. The relevant provisions of the Code of Criminal Procedure, 1898 (5 of 1898) to be referred to.

2. Now the Prisoners Act, 1990 (3 of 1900).

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Last updated on July, 2016

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