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THE PRISONS ACT, 1894

Title : THE PRISONS ACT, 1894

Year : 1894



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 section1*[59].

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1. Substituted by the A.O. 1937, for "60".

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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.



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.



(1) 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 State Government, the Superintendent of a prison other than a central prison or a prison situated in presidency-town shall obey alt orders not inconsistent with this Act or any rule there under 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.



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 theadministration 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 rulesunder section 59 1[***].

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1.The words "or section 60" omitted by the A.O. 1937.

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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 the1*[State Government] under section 2*[59].

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1.The words "or section 60" omitted by the A.O. 1937.

2.Substituted by the A.O. 1937, for "60".

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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.



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.



(1) 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 General's sanction in writing, be concerned in any other employment.



Upon the death of a prisoner, the Jailer shall give immediate notice thereof to the Superintendent and the Medical Subordinate.



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.



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.



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 there under. Subordinate Officers



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.



Officers subordinate to the Jailer shall not be absent from the prison without leave from the Superintendent or from the Jailer.



Prisoners who have been appointed as officers of prisons shall be deemed to be public servants within the meaning of the Indian Penal Code (45 of 1860).


Last updated on July, 2016

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