Delhi Prisons (Admission, Classification, Separation, Remission, Reward and Release of Prisoners) Rules, 1988
Published vide in Delhi Gazette, Extraordinary Part 4, No. 76, dated 18th April, 1988 vide Notification No F-9(75)/87-H(G)/(4), in exercise of the powers conferred under Clause (17), (27) & (28) of Section 59 of the Prisons Act, 1894 (9 of 1894) by the Administrator of the Union Territory of Delhi.
I. Admission2. No prisoner to be admitted at night. - No prisoner shall, except on transfer from another jail, be admitted into any lock-up and before lock-out of the prisoners; Provided this restriction will not apply in the case of -
(i) Women under trial prisoners, who shall be admitted in jails whatever time presented for admission by the Police and on all days including Sunday and Jail holidays.
(ii) Superintendent may permit admission of prisoners at all hours on the special written order of a Sessions Judge or District Magistrate.
(iii) Male Prisoners admitted after the hours of lock-up shall be kept in a Ward/Barrack earmarked for the purpose. However, the female prisoner be confined in the female Ward.3. No person to be admitted without a proper Warrant—Procedure on refusal. - (1) No person shall be admitted into any jail as a prisoner, otherwise than under a lawful warrant or order of commitment addressed to the Superintendent or Officer-in-charge of the Jail by a Competent Court or other proper authority. (2) In case prisoner sent for custody in the jail as 107/151, Criminal Procedure Code by the executive Magistrate, jail authorities cannot accept the prisoners if the grounds for custody are not accompanied with the Warrant. 4. Before admitting a prisoner, the Deputy Superintendent shall question him and ascertain that his name and other particulars correspond with those entered in his Warrant. 5. Procedure if a Warrant is illegal or irregular. - (1) If, in any case, the Superintendent is in doubt as to the legality of any Warrant or Order of commitment received by him with any prisoner admitted to the jail, or as to the competency of the person whose official seal and signature are affixed thereto, to pass the sentence and issue such warrant or order, he shall refer the matter to the Delhi Administration by whose order he and all other public Officers shall be guided as to the future disposal of the prisoner and detain the prisoner till a guidance is received on the reference, treating as if the warrant or order was correct. 2. If any error or omission, which in the opinion of the Superintendent, due to mere oversight or mistake, is found in any warrant or order of commitment, or if the sentence or order passed though within the competency of the Court or authority which passed it, is in any way defective in form or otherwise irregular, he may receive the prisoner subject to reference to such Court or authority, as the case may be for orders. 6. Examination of Warrants and Notes of explanation. - All warrants shall be examined to ascertain whether they conform to the code of Procedure, 1973 and the Orders of the High Court. Note 1: A warrant ordering imprisonment without specifying whether it is to be simple or rigorous imprisonment, an un-dated or an unsealed warrant shall be returned for correction. In the case of an unsigned Warrant neither the prisoner nor the Warrant shall be accepted. Note 2: In the case of under trial prisoners the Warrant, should specify:
(a) Name of the prisoner;
(b) His parentage;
(c) Residential address;
(d) Particulars of the case namely FIR. No/D.D. No. Section & the Prisoner is remanded to custody and Police Station.
(e) The period of custody or date of producing before the Court. The Warrant should also be sealed and signed by the presiding officer of the Court. If the prisoner is injured, the custody warrant should be accompanied by a medico-legal certificate. In case of prisoner sent to jail under Chapter-VIII of the Criminal Procedure Code, 1973, the custody warrant shall be accompanied by a notice under Section III, Criminal Procedure CodeNote 3: Every warrant should show whether the prisoner is a casual or habitual offender. In case of those previously convicted, a statement showing the previous convictions/involvements, should be attached. Note 4: Warrants or orders shall be written in Hindi or in English. Note 5: The Superintendent of a jail is justified in refusing to receive or detain a prisoner in Jail on a warrant to which is affixed a signature by means of a Stamp. But he should not ordinarily, refuse to admit a person for this or other defects, but he should draw the immediate attention of the Magistrate concerned to the defect and ask for the rectification at once. Note 6: All warrants should be signed in full (not initialled) by the Judge or Magistrate who issues it and should be sealed with the seal of the Court. Note 7: In the case of persons on which separate sentences are passed, care should be taken to state in the Warrant of commitment for imprisonment the date from which sentence is to have take effect. Note 8: In the case of under trial prisoners the Warrant of commitment for intermediate custody should be prepared with the greatest care possible with reference to the above instructions. Note 9: Warrants for the release or remission of Sentences of prisoners confined in jail, warrants for the release of prisoners on bail and intimations of payment of fines sent to jail authorities shall be done through Official messenger only and not by friends or relatives of the accused. Note 10: There should be a separate warrant or notice for every prisoner even of two or more prisoners have been jointly charged or convicted. 7. Copy of Wan-ant returned for correction to be kept. - When a warrant is returned for correction, a copy shall be retained in the appropriate compartment of the warrant almirah until the original is returned. 8. Date of release and Responsibility for correctness. - (1) The date on which a prisoner is entitled to be released shall be calculated by the Deputy Superintendent and an entry made in the Release Register (No. 4) under that date, giving the name and serial number etc. of the prisoner. Iris not the duty of the Committing Officer to notice the date of release on the warrant; if such date is noted incorrectly or omitted the Warrant shall not be returned for correction on that account. (2) In case the date of release be changed either by the imposition of additional imprisonment, or, by revision of any part of sentence or by absence on bail or after escape, a new date of release shall be fixed and an entry be made under that date. The old entry should be scored through with red ink and a reference made against it to the new date fixed. (3) The Deputy Superintendent shall himself check each entry in the release register and admission register and shall be personally responsible for their correctness. 9. Certain days to count as days of Sentence— Proviso. - (1) In calculating the day on which any prisoner is entitled to be released, the day on which the sentence is passed and the day on which the prisoner is released, respectively, shall be deemed to be days of imprisonment;
Provided that if, in the case of any prisoner, two or more sentences are to be undergone otherwise than concurrently, no day shall be counted as a day of imprisonment in respect of more than one such sentence, and that a sentence of imprisonment for one day or for twenty-four-hours shall be deemed to expire on morning of the day following that on which the sentence was passed.(2) In calculating periods of imprisonment expressed in months, a month shall be deemed to be a Calendar month. Example 1: A Prisoner sentenced to one year imprisonment on the 15th January, 1987 shall be released on 14th January, 1988; a prisoner sentenced on the 1st January, to one month's imprisonment shall be released on the 3Jst of the same month. Example 2: A, B and C are sentenced, respectively, to one month's imprisonment on 29th, 30th and 31st January of 1987. All three sentences expire on the morning of 28th February, 1987. 10. Periods to be excluded from sentence. - When by order of any competent authority any prisoner is released on bail or the operation of any sentence of imprisonment passed upon any prisoner is, for any reason, suspended fora time and such prisoner is subsequently lawfully committed to prison, the period during which such prisoner was so released on bail or the sentence of imprisonment passed on such prisoner was so suspended shall, unless the warrant or order of recommitment otherwise directs, be excluded in calculating the periods of the sentence; Provided that:—
(a) a prisoner who is released on bail on the day on which the sentence of imprisonment is passed shall not be deemed to have undergone any part of his sentence until he is again placed in confinement; and that
(b) this rule shall not be deemed to apply to persons undergoing imprisonment under the provisions of section 122 of the Code of Criminal Procedure, 1973.
Note: A Prisoner released on bail on a day subsequent to that on which he was committed to jail but who is again recommitted to undergo sentence in the same case, shall be entitled to count every day of admission and every day of release as days of imprisonment in respect of such sentence.11. Date of release when a period has been excluded from sentence. - When a period has been excluded from a sentence under the preceding rule, the mode to be adopted in calculating the date of relate is—take the full terms of the sentence as commencing from the date of re-admission and deduct from it the number of days already passed in jail; the date so arrived at will be date on which the sentence expires. 12. Operation of a second sentence when a first sentence is set-aside. - (1) When a prisoner has been committed to jail at one trial under two-separate warrants, the sentence in the one is to take effect from the expiry of the sentence in the other, the date of such second sentence shall, in the event of the first sentence being set-aside on appeal, be presumed to take effect from the date on which he was committed to jail under the first or original sentence. (2) "When separate sentences have been passed in separate trials and the sentences are to run consecutively, the operation of the second sentence will in the event of the first sentence being set-aside on appeal, commence from the date of conviction in the second case. 13. Date from which a sentence finally passed shall Count. - When an appellate Court modifies a sentence passed by a lower Court without change of Section or when an appellate court passes a new sentence by changing the conviction section or the punishment section or otherwise, the sentence finally passed shall count, unless otherwise specially directed, from the date of imprisonment under the original sentence 14. Date of release when two or more sentences run consecutively. - When a prisoner is sentenced to two or more terms of imprisonment to be served consecutively, the date of release shall be calculated as if the sum of the terms was awarded in one sentence. Example: A prisoner, sentenced on the 21st June, 1986 to one year's imprisonment is, for another offence, subsequently sentenced to a further term of one year, the period to commence from the expiration of the first sentence, he will be released on the 20th June, 1988 and not on the 19th June, 1988. 15. Calculation of date of release when a fine is partially paid. - If a prisoner be sentenced to imprisonment of which the whole or any portion is in default of the payment of any fine and if the fine or a portion of it be not immediately paid, the release shall be fixed and entered in the release diaries on such dates and shall correspond to payment as well as non-payment of the fine. When any portion of the fine is subsequently paid, the date of release shall be altered accordingly. Example: If a prisoner be sentenced on the 1st January to six months' imprisonment and to pay a fine of Rs. 300/- or in default of payment to be imprisonment for a further period of six months, then, supposing that the prisoner, immediately on conviction, pays Rs. 100, the date of release shall be first fixed at the 31st October, that is, six months plus four months (being the term proportionate to the amount of the fine unpaid) and entries shall be made in the release register on the 30th June and 31st October, if he afterwards pays another Rs. 100, the later date shall be changed to 31st August, on his paying the whole, the fact shall be noted opposite the entry on the 30th June. 16. Calculation of remission on payment of fine. - If a prisoner who is sentenced to a fine and in default to imprisonment fora certain number of months, pays any part of his fine, the remission for the payment shall be calculated in Calendar months and not in days. Any fraction of a month obtained by such calculation shall be reduced to days. A fraction of a day less than one half shall not be counted; any greater fraction shall count as one day. Example: If a prisoner be sentenced on the 15th July to 6 months imprisonment and to pay a fine of Rs. 300/- in default of payment to six months further imprisonment and he pays Rs. 63/- the calculation shall be made as follows :—
x 6 months
(a) 24. Prisoner under the age of 16 year. - If a prisoner appears to be less than 16 years of age at the time of his admission in the jail, the Superintendent shall have the prisoner immediately examined medically and if the prisoner's age is confirmed to be less then 16 years, then prisoner's case will be referred to the concerned trial Court for his detention in a juvenile home.
(b) This new matter of Rule 24 has been amended vide 'Notification No.!'. 9/75/87— Home (G) dated 23.8-1994—"The Delhi Prisons (Admission, Classification, Separation, Remission, Reward and Release of Prisoners) (Amendment) Rules, 1990.-To come into force at once.25. Dangerous Prisoner. - (1) The Commissioner of Police shall inform in writing to the Jail authorities that a prisoner is dangerous, prone to escape or otherwise require special arrangement for safe custody. On receipt of such information the Superintendent shall keep the prisoner in a specially secured ward and keep a strict vigilance. (2) If the Superintendent has sufficient reasons to believe that to be person is a dangerous prisoner and it has not been so reported by the police, the Superintendent shall seek confirmation from the local police about the same. 26. The Search of prisoners on admission. - (1) Prisoners sentenced to rigorous imprisonment and prisoners sentenced to simple imprisonment, if classed as habitual, shall have every article of private property, other than a comb for a sikh prisoner and a pair of shoes for all, removed from them. The clothing of military prisoners shall be returned to the escort. Note 1: For Court attendance the convicts will wear ordinary clothes. Note 2: Prisoners sentenced to simple imprisonment shall have all articles other than a necessary supply of clothing removed from them. Note 3: Under trial prisoners shall have all articles removed from them other than necessary and suitable articles of clothing and bedding, and if allowed to cook, the requisite cooking utensils. Note 4: Civil prisoners shall not be allowed to have or carry any weapons, articles likely to facilitate escape, drugs, spirits and immoral books. Note 5: Civil prisoners shall not be searched in the presence of any other prisoner. Note 6: Female prisoners shall be searched by a female Warder. 27. Quarantine on admission to jail. - Prisoners on first admission to jail shall at the discretion of the Medical Officer, be kept in the quarantine Ward or cells for which period as may, in his opinion, be necessary. 28. Prisoners to wash themselves and their clothing. - As soon as possible after admission to jail, all prisoners shall be required to wash themselves their clothing thoroughly. Such of the private clothing of convicts as can, be boiled without damage shall be boiled before it is stored. 29. Classes arced Serial numbers, to be quoted in communications. - (1) Every convict shall receive a Serial number corresponding with the entry relating to him in the admission register ; the series of numbers in each jail shall run from 1 to 10,000. (2) Casual prisoner shall for brevity be known as 'CAS' class and habitual prisoner as 'HAB' Class. (3) The convicts' number and the letter signifying his class shall precede his name whenever he is referred to in any Official communication thus—"Convict No. 359 Cas: Ishar Singh." (4) When any reference is made to the Inspector General concerning any prisoner, a descriptive roll of the prisoner duly filled in, shall be sent with it. 30. State of education on admission. - The state of every prisoner's education shall be ascertained on admission and the entries in the admission register shall be made as follows:-
(a) able to read and write,
(b) able to read only; or
(c) illiterate.31. How habituals are to foe distinguished. - Every prisoner of the habitual class and escapee shall ordinarily be required to wear red clothing. 32. Abstract of rules to be read and hung up in a conspicuous place. - An abstract of the rules relating to the conduct and treatment of prisoners shall be read over to every prisoner as soon as possible after his admission into jail, and proper means shall from time to time thereafter be taken by the Superintendent to make every prisoner acquainted with the purport of all such rules for the time being in force. 33. Procedure on completion of entries in registers. - On completion of the necessary entries in the admission and release registers and of the procedure prescribed in this chapter in so far as it may be applicable in each case, the Deputy Superintendent who shall satisfy himself that the entries are correct and attest them in token there of.
II Classification of Prisoners34. (1) Convicted persons shall be divided into two classes, namely B and C Class. B will contain all prisoners who are:
(a) non-habitual prisoners of good character.
(b) by social status, education and habit of life have been accustomed to a superior mode of living, and
(c) have not been convicted of -
(i) offences involving elements of cruelty, moral degradation or personal greed ;
(ii) serious or premeditated violence;
(iii) serious offences against property ;
(iv) offences relating to the possession of exfacie firearms and other dangerous weapons with the object of committing an offence or of enabling an' offence to be committed ;
(v) abetment or incitement of offences falling within these sub-clauses.(2) Class 'C' will consist of prisoners who are not classified in Class B. 35. (1) In the case of Class B, the classifying authority will be the Inspector General. (2) Petitions of review with regard to any classification will be forwarded by the Superintendent of the Jail to the Inspector General of Prisons. 36. All Courts recommending the classification of a prisoner within Class B will make a recommendation to that effect, attaching to the record the recommendation, with their reasons for it, on a separate paper. 37. In case convicting Courts omit to classify convicted prisoners for better class treatment, the Superintendents of jails may, subject to the approval of Inspector-General, classify them as B class prisoners provided that such prisoners appear to fulfil the condition prescribed for better class prisoners. 38. Under trial prisoners will be of two classes only. namely, (1) those who by social status, education or habit of life have been accustomed to a superior mode of living and (ii) other, that is to say, one class will correspond to Class B of convicted prisoners, the other to Class C. Before an under trial prisoner is brought before a competent Court. discretion is left to the Officer in Charge of the Police Station. After he is brought before the Court, he will be classified by the court. subject to the revisional orders of the Sessions Court.
(A) Rules for Convicted Prisoners Admitted to Class 'B'39. (1) Accommodation— The prisoners shall, where such accommodation is available be accommodated in Cells or in association barracks specially set aside for them. They need not be kept separate from ordinary prisoners in factories or at times when they are not required to be in their cells or barracks. (2) 1. Furniture, etc.
(a) Cells shall be supplied with:—
One takht posh or bed-stead, charpoy or cot. of size'6-1/2x3 feet.
One wooden stool.
One wooden teapoy.
One shelf, Cupboard or box
necessary washing and sanitary appliances,
(b) Associated barracks shall be supplied with:—
One bed stead or cot per prisoner.
One large table with benches.(2) Prisoners may also be supplied with mosquito nets if they ask for them and the Medical Officer certifies that it is necessary. (3) Regarding exercise, bathing, washing, use of latrines etc. they may be provided at Government expense with one tooth brush every three months and one small tooth paste every two months. They shall be allowed to retain their hair and beards and to get themselves shaved by the jail barber. 40. The following eating utensils shall be supplied to each prisoner:-
One thali (metal),
two kauls (metal cups),
one tumbler (metal),
one spoon.41. Diet. - In addition to diet scale given to Class 'C' prisoners, they shall be given 400 ml. of milk everyday. 42. Clothing. - (a) The following clothing shall be supplied to male convicts:— During all seasons— 2 kurta, cotton, white 2 pyjama, cotton, white 1 pair country shoes, black 2 bed sheets (dasuti) 1 khaki cotton duree 6 feet x 3 feet 2 pillow cases (dasuti), to be filled with cotton 2 towels 1 parna (dasuti), 5 feet long. During Summer : 1 blanket, cotton During Winter : 1 woollen Jacket, blue 1 woollen sweater, full sleeve, blue with white 1 pyjama. woollen or flannal, white 2 pairs woollen socks, blue 3 blankets, woollen 1 mattress (dasuti) Tulai. (b) The following clothings should be supplied to female convicts:- During all seasons— 2 cotton dhoties, white (night dress), 5-1/2 yards long. 2 saries 5-1/2 of 6 yards. for bigger individuals (made of light cotton cloth,) (dhoties and saries must beat least.44 inch wide), white 2 blouses cotton, white 1 pair of chappal 2 bed sheets 2 pillow cases 2 petticoats, cotton, white. During Summer 6 napkins 1 blanket, cotton. 4 cotton drawers. During Winter 1 woollen jacket or 1 woollen shawl, blue cloth. 1 pyjama, woollen or flannel, white. 1 woollen sweater, full sleeve, blue. 2 pairs woollen socks, blue. 6 napkins. 3 blankets, woollen. 2 pairs cotton drawers Note: Soap on the following scale per week will be allowed to B class prisoners :— For the body and hair—50 Gms. 43. Prison Task. - Tasks shall be allotted by an Officer not less than the rank of Deputy Superintendent. He shall have regard to the physique, character, previous mode of life and antecedents of the prisoner while allotting task. 44. Facilities for reading. - In addition to books from the Jail Library a prisoner may have up to three books or magazines at a time from private sources, provided that such books or magazines are not considered unsuitable by the Superintendent, who if in doubt, shall consult the Inspector-General. Daily newspapers in Hindi or English or Vernacular shall be supplied from a list approved by the I.G. (Prisons), These papers shall be examined by the Superintendent before issue to prisoners. 45. Light. - They shall be allowed light for reading upto 10.00 P.M 46. Letters and interview. - They shall be allowed to write one letter and have two interview weekly. On urgent occasions, such as death or serious illness in a prisoner's family, this rule may be relaxed at the discretion of the Superintendent. The number of persons who may visit a prisoner at any given time shall be limited to two. The subject matter of all letters shall be limited to private affairs and must not contain any reference to Jail Administration and discipline or to other prisoners. Publication of matters discussed at interviews or of the substance of letters received from prisoners shall entail the withdrawal or curtailment of this privilege. 47. Menial duties. - They shall not be required to perform menial duties nor to pay for having such duties done for them. These duties will be discharged by Jail servants who must not be used by prisoners of the B Class as their personal servants. 48. Use of Handcuffs and fetters. - They shall not be handcuffed and fettered except by way of punishment or to prevent possible escape or attack on any member of the Jail Staff. 49. Punishment. - They shall be subject to the general rules regarding punishments. All penalties inflicted by the Jail Superintendent shall immediately be reported to the Inspector General. In case of misbehaviour the Superintendent may withdraw Individual privileges subject to the sanction of the Inspector General. 50. Discipline. - They shall at all times behave in an orderly way, but shall not be required to move in files or sit in files at meals. They shall stand in attention in the presence of the Superintendent. Deputy Superintendent, Assistant Superintendent and Medical Officer and of all official and non-official Jail visitors. All loud talking, singing or quarrelling, creating nuisance is prohibited but out of working hours prisoner shall be permitted to converse quietly. In all other respect the prisoner shall be subject to the rules which apply, to ordinary prisoners. 51. Transfer. - (1) Accommodation—Normally second class railway accommodation shall be provided. Prisoners may be allowed to travel by a higher Class than 2nd Class at their own expense if they wish to do so, in which case they will be required to pay the difference in fares both for themselves and for their escorts. (2) Use of handcuffs—Handcuffs shall only be used when necessary for requirements of safe custody. (B) Rules for the Treatment of Better Class Under trial Prisoners 52. (1) Accommodation — As far as possible they will be provided with accommodation superior to that provided for 'C Class convicted prisoners. (2) Diet — They shall be allowed the same diet prescribed for 'B' Class convicted prisoners. (3) Clothing — Prisoners inadequately clad and who are unable to obtain clothing from outside will be provided with clothing distinguishable from "prison" clothing at Government expense. (4) Other concessions—Subject to the discretion of the Jail Superintendent better class under trial prisoners may be provided with ordinary furniture such as is allowed to 'B' Class convicted Prisoners. They will ordinarily be permitted to import books, magazines and newspapers, subject to censorship by the Jail Superintendent and allow the use of light for reading upto 10 P.M. The letters will be subjected to censorship in exactly the same way as those of ordinary under trial prisoners.
III. Separation of Prisoners53. Unconvicted Criminal Prisoners. - Unconvicted criminal prisoners who have been committed for trial by the Court of Sessions shall be kept separate from Unconvicted Criminal prisoners who have not been so committed and those who have been previously convicted. 54. Habitual Prisoners. - Prisoners of the casual class shall be kept separate from prisoners of the habitual class. 55. Convicts who have been sentenced to simple punishment only shall be kept separate from convicts who have been sentenced to rigorous imprisonment. 56. Prisoners who are under twenty one years of age shall be kept separate from prisoners who are more than twenty one years of age. 57. Civil Prisoners. - Civil prisoners who are confined under the orders of any authority other than a Criminal Court shall be kept separate from prisoners who are confined under process of a Civil or Revenue Court or authority. 58. Confessing Under trial Prisoners. - Confessing under trial prisoners shall be separated from other under trial prisoners. Explanation: A confessing under trial prisoner is one who is certified as such by a Magistrate. 59. Conviction with death Sentence. - A convict sentenced to death shall, from the date of his sentence and without waiting for the sentence to be confirmed by the High Court, to be confined in some place or a Cell apart from all other prisoners. Every such convict shall be searched before he is locked up in the evening and after lockout in the morning in presence of Asstt. Superintendent in charge of the Ward. 60. Exception to the rule regarding separation. - When, in any jail, only one prisoner exists in any class and separation would amount to solitary confinement, such prisoner may, if he so desired, be permitted to associate with prisoners of another Class. Provided that the Class with which such prisoner is permitted to associate shall be determined by the Superintendent and that the provisions of Section 27 of the Prisons Act. 1894, are not in any case infringed, by the permission so recorded. 61. Unconvicted Criminal prisoners may be confined separately in Cells when in the opinion of the Superintendent of the jail in which they are confined it is necessary in the interest of jail discipline and management to do so, or under the orders of the Inspector General of Prisons. 62. Convicts to be separated. - All convicts shall, so far as the requirements of labour and the Cell accommodation of the jail will allow, be kept separate both by day and night. 63. Occupation of vacant Cells. - If, in any jail, at any time, all the Cells are not in use for purpose of punishment or otherwise, Convicts of the habitual class shall be placed in such cells both by day and night in preference to Convicts of the casual class by rotation. 64. Separation of Casuals. - If, at any time, there are more cells in any jail than suffice for the separation of all convicts of the habitual class, prisoners of the casual class shall be confined in cells, both by day and night, in rotation or by preference. 65. Procedure when separation by day is not feasible. - A convict who would ordinarily come under the operation of any of the preceding Rules relating to the separation of prisoners, but cannot be confined by day, by reason that he is required for some jail service, shall he confined in a Cell by night. Note: Rule 62 to 65 are of general application. If, in the opinion of the Superintendent, the presence of any convict in association with others, is detrimental to good order and discipline or is likely to encourage or lead to the commission of any offence, such convict should be kept separate. in preference to others of his class. 66. Remissions as Concession and not right. - Subject to the provisions of these rules, remission may be granted as hereinafter provided as a matter of concession only and not as of right. 67. Kinds of remission. - Remission may be of the following kinds, that is to say:
(a) Ordinary remission ;
(b) Annual Good Conduct Remission ;
(c) Special remission ; and
(d) State remission.68. Authority to grant ordinary remission. - (1) The Superintendent shall be the authority to grant ordinary remission under these rules. (2) The grant of remission shall be made every month. 69. Prisoners eligible for ordinary remission. - Subject to the provisions of these rules, ordinary remission may be granted to the following classes of prisoners:— (1) non-habitual prisoners having a substantive sentence of rigorous imprisonment of three months and more ; (2) prisoners sentenced to simple imprisonment of three months who has opted for labour; (3) prisoners undergoing imprisonment (whether simple or rigorous) irrespective of the length of imprisonment, whether substantive or in lieu of payment of fine, who are working on conservancy job ; (4) prisoners undergoing imprisonment in lieu of fine which immediately follows and is in continuation of the sentence which makes the prisoner otherwise eligible to remission ; (5) ex-military prisoners for the period they pass while in transit or in military custody before their admission to prisons in the State of Delhi. 70. Subject to the provisions of these rules, ordinary remission be granted to the following classes of prisoners — (1) habitual prisoners having a substantive sentence of rigorous imprisonment of one year and more. (2) habitual prisoners sentenced to simple imprisonment who volunteer to work and actually work and whose unexpired portion of the sentence on the day they so volunteer to work is one year or more. 71. Non-eligibility for ordinary remission. - Ordinary remission may not be granted to a prisoner:-
(a) if he is undergoing a sentence of imprisonment in lieu of fine ;
(b) if term of sentence or the aggregate of sentences as passed against him is reduced on appeal or otherwise to a period of less than three months;
(c) in whose case, the Administrator has ordered that remission should not be granted;
(d) who, due to self-inflicted injuries, is detained in hospital as indoor patient, or who has resorted to hunger-strike or work-strike (for such periods as may be decided by the Superintendent);
(e) during out-periods which are not reckoned as part of sentence (being periods during bail, escabc, extradition and other periods which are treated as out-periods and not recokoned as part of sentence under specific orders of the Administrator issued in that behalf).72. Scale of award of remission. - Ordinary remission shall be awarded on the following Scales:—
(a) two days per month for thoroughly good conduct and scrupulous attention to all prison regulations, and
(b) two days per month for industry and the due performance of the daily ask imposed.,73. Scale of award of remission to prisoner which is unable to labour through causes beyond his control. - (1) A prisoner who is unable to labour through causes beyond his control, by reason of being at Court, in transit from one jail to another, in hospital or on invalid gang shall be granted remission under clause (a) of rule 67 on the scale earned by him during the previous month in his conduct prior to and during the period in question has been such as to deserve such grant. He shall be also entitled to the grant of remission under Clause (b) of rule 67 during the previous months, if he had been in prison during that term:
Provided that if his absence from work is due to his own misconduct in jail, no remission under Clause (b) shall be awarded for the period of absence.
Provided also that if he is in hospital or on an invalid gang no remission under clause (b) shall be granted unless the Medical Officer certifies that the prisoner's absence from labour is due to causes beyond his control, and is in no way caused by any action of the prisoner himself taken with a view to escape work or to get into or to remain in hospital.(2) Prisoners who volunteer for sweeper's work shall, in addition to the existing scale of remission, be granted a special remission of 3 days per month. 74. Remission awarded to Convict Officer. - In lieu of the remission allowed under Rule 72 convict warders shall receive eight days ordinary remission per month, convict overseers six days per month and convict night watchman five days per month. 75. Application of Remission System. - Remission under rule 72 shall be calculated from the first day of the month next following the date of the prisoner's sentence ; any prisoner who after having been released on bail or because his sentence has been temporarily suspended is afterwards readmitted to the jail shall be brought under the remission system on the first day of the Calender month next following his readmission, but shall be credited on his return to jail with any remission which he may have earned previous to his release on bail for the suspension of his sentence. Remission under rule 74 shall be calculated from the first day of the next calender month following the appointment of the prisoner as convict warder, convict overseer or convict night watchman. 76. Sundays and holiday. - Prisoners employed on prison services, such as cooks and sweepers, who work on Sundays and holidays, may be awarded three days' ordinary remission per quarter in addition to any other remission earned, under these rules. Explanation: One day's remission may be credited to the prisoner at the end of every month during which he had been employed on any prison service. 77. Remission for good conduct. - (1) Any prisoner eligible for remission under these rules who for a period of one year reckoned from the first day of the month following the date of sentence of the date on which he was last punished for a prison offence, has committed no prison offence, whatever, shall be awarded fifteen days' ordinary remission in addition to any other remission earned under these rules. (2) If, however, a prisoner completes three years of his sentence and is not punished during that period for any prison offence, he shall be granted 60 days' remission for good conduct at the end of the third year In such cases the prisoner shall in addition be granted 15 days good conduct remission for each of the first two years only. The total remission earned shall not in any case exceed the maximum remission permissible under the rules. Explanation. For the purposes of this rule prison offences punished only with a warning shall not he taken into account. 78. Procedure in taking award — (1) An officer awarding ordinary remission shall, before making the award, consult the prisoner's history-ticket in which every offence proved against the prisoner must be carefully recorded. (2) If a prisoner has not been punished during the quarter otherwise than by a formal warning. he shall be awarded the full ordinary remission for that quarter under Rule 72 or, if he is a convict officer, under Rule 74. (3) If a prisoner has been punished during the quarter otherwise than by a formal warning, the case shall be placed before the Superintendent, who, after considering the punishments awarded, shall decide what amount of remission shall be granted under paragraph 72 or, if the convict is a convict Officer under paragraph 74. All remissions recorded on the prisoner's history-ticket shall he entered quarterly on the remission sheet (or card) are not marked in the general remission register. 79. No remission for the month in which released. - No prisoner shall receive ordinary remission tot the calendar month in which he is released. 80. (1) Special remission— Special remission may be given to any prisoner whether entitled to ordinary remission or not for special services as for example ;
(a) assisting in detecting or preventing breaches of prison discipline or regulation;
(b) success in teaching handicrafts;
(c) special excellence in, or greatly increased outturn of work of good quality;
(d) protecting an officer of the prison from attacks ;
(e) assisting an officer of the prison in the case of outbreak of fire or similar emergency ;
(f) economy in wearing clothes ;
(g) donating blood to the Blood Bank, provided that the scale of special remission for this service shall be 15 days for each occasion on which blood is donated subject to the limit laid down in sub-para (2) below. The remission on account of blood donation shall not be granted more than twice in one convict year and shall be apart from other remissions.(2) Special remission may be awarded
(a) by the Superintendent to a period not exceeding thirty days in one year;
(b) by the Deputy Inspector General of Prison to a period not exceeding 45 days in one year ;
(c) by the Inspector-General or the Administrator for a period not exceeding sixty days in one year.Explanation: For the purpose of this rule, years shall be reckoned from the date of sentence and any fraction of a year shall be reckoned as a complete year. (3) An award of special remission shall be entered on the history-ticket of the prisoner as soon as possible and after it, if it is made, the reasons for every award of special remission by a Superintendent shall be briefly recorded 81. Total remission not to exceed one-fourth part of sentence. - The total remission awarded to a prisoner under all these rules shall not without the special sanction of the Inspector General of Prisons exceed one-fourth part of his sentence or three months in one year, Provided that in every exceptional and suitable cases the Inspector General of Prisons may grant remissions amounting to not more than one third of the total sentence or four months in one year. 82. Remission in calculating date of release. - (1) In calculating the date of release of prisoner the number of days of remission earned shall be converted into months and days, at the rate of thirty days to each month. (2) In case of prisoners convicted to a term of 3 years or more, the remission earned by the convict should be totalled and his provisional date of release worked-out before the completion of 2-3rd of his substantive sentence. 83. Record of prisoner transferred. - (1) When a prisoner is transferred to another jail the total amount of remission earned by him upto the end of the previous month shall be endorsed on h is warrant and entered on his history-ticket, these entries being signed by the Superintendent (2) The receiving jail shall be responsible that the above information is duly obtained. Each jail at which a prisoner serves a portion of his sentence shall be held responsible for the correct calculation of the remission earned in that jail. 84. Remission sheet. - Remission sheets (form No. 145) shall be retained in the office of the jail for a period of one year after the release of the prisoner Jo whom they relate. When a prisoner is transferred to another jail his remission sheet (or card) where such are maintained, or where they are not maintained, a statement certified by the Superintendent, of the total remission, earned upto the date of transfer shall be sent with the prisoner.
V. Rewards85. Remission as reward. - (1) All prisoners sentenced to labour shall be eligible for the grant of special remission at the rate of one day for every additional day's task performed the amount of work being calculated at the end of each calendar month. The term prisoners "sentenced to labour" shall include prisoner sentenced to simple imprisonment who voluntarily elect to labour. Note: Suppose a convict performs his full task of weaving that is 12 metres of cloth daily. His monthly output should be 288 metres (a month including task on weekly parade days). If he weaves 3^0 metres he will receive one day, and if 312 metres 2 days, and so on. (2) In the case of two or more men employed on the same work with a joint outturn the amount earned may be divided equally amongst them or in such proportion as the Superintendent considers equitable. (3) Convicts employed on untasked as well as tasked labour in jails shall be eligible for the grant of remission at the specified rates. The Superintendent of a Jail should only grant remission to a prisoner on untasked labour if he is satisfied that the industry and exertion of the prisoner have been such as would have entitled him to the concession if he had been employed on a form of labour which is susceptible of being tasked. (4) To ensure that the system of grant of special remission operates with as little unevenness as possible, the Superintendent should fix a high minimum out turn of work for processional or habitual prisoners employed on tasked labour. (5) The time employed on work must not exceed 8 hours daily. (6) The extra work done must be quite voluntary, and the grant of remission for it is conditional on its being upto the requisite standard in quality by the Superintendent. (7) The Superintendent must arrange for an adequate supply of materials for extra task work. (8)(a) No limit is to be placed on the amount of extra work which a convict, declared as fit for hard labour, may do subject to the time limit of hours of employment.
(b) A convict, if passed for medium or light labour, is to be rewarded for the extra work done over and above the tasks/aid-down for these classes of labour, respectively, at the rate of one days' special remission for every additional day's work reckoned on the labour task of his class of Labour.
(c) No convict passed for medium or light labour shall be permitted to do extra work without the sanction of the Medical Officer recorded in his history ticket or to exceed in the total day's work a hard labour task in the case of a medium labour man, or a medium labour task in the case of a light labour man,(9) Any convict suspected of being unfit at any time to do extra work shall be brought to the notice of the Medical Officer with a view to his being stopped from doing extra work. (10) The remission to be allowed to a convict whether on tasked or untasked labour should not exceed the limits prescribed in the Jail Manual. 86. Conditions of the award of gratuities for industry. - (1) The Superintendent may, subject to the limits of:—
(a) the grant made for the purpose, by the Inspector-General, in respect of the jail, and
(b) the maximum monthly limit in respect of individual prisoners prescribed by the Inspector-General, grant to any convict a money in respect of extra quantity or superior quality of any work done by such convict, or of his being employed to teach any handicrafts.(2) No gratuity under this rule shall be granted to any convict-warder for the time being in receipt of a gratuity under the rules regulating the gratuities to convict warders. 87. Money grant to indigent prisoners on release limit of the award. - A money grant equal to two and-a-half per centum (2 1/2%) of the net cash profits from jail man factories will be placed at the disposal of the Inspector-General annually for distribution to jails, with a view to enabling indigent prisoners to lead a life of honesty for some time after release and while in quest of work. 88. Conditions of the grant to indigent prisoners. - The Superintendent may, subject to the limits of—
(a) the grant made for this purpose, by the Inspector-General in respect of the jail, and
(b) the maximum amount which may be granted to any convict, prescribed by the Inspector-General, grant to any convict who had undergone a sentence of imprisonment for one year or more, upon his release, such sum of money as he may think necessary, for the purpose of enabling the convict to maintain himself untill he can secure honest employment:
Provided that no such grant shall be made to any prisoner who, at the time of his release, is in possession of a sum of five rupees or more.
(c) In addition to the ordinary and special remissions the I.G.(P) may on the recommendations of the Superintendent grant a cash reward not exceeding Rs. 500 to a convict or even an under trial prisoner for outstanding contribution in terms of providing useful information or physical aid to the jail authorities in an emergency.89. The privilege of permitting the use of books by Prisoners. - (1) Libraries will be maintained in all Jails for the use of prisoners, and the rules pertaining to such libraries will be posted in the room where the library is kept. (2) Every educated prisoner, who is well behaved, may be allowed a book to read on Sundays or during the hours of rest on other days; such book may be supplied from the Jail library or by any person outside the jails:
Provided that the Superintendent sanctions the indulgence and in each case, approves of the book.(3) Every prisoner may, with sanction of the Superintendent, have in his possession a book or books of a purely religious character. (4) A book allowed for the use of any one prisoner shall not be given to any other prisoner. (5) The Superintendent may, at any time, for any sufficient reason, withdraw from any prisoner any privilege conferred under this rule.
VI. Release90. (1) Not less than fourteen days before any convict, in respect of whom an order under section 356 of the Code of Criminal Procedure, 1973 has been made, is to released, the Officer in charge of the jail or other place in which the prisoner is then confined, shall explain to the prisoner the nature of the order and the requirements of the rules made by Administrator under such section, and shall call upon him to state the place at which he intends, after his release, to reside. (2) Every convict in respect of whom an order has been made under Section 356 of the Code of Criminal Procedure shall, not less than fourteen days before the date on which he is entitled to be released, notify the officer in charge of the jail or place in which be may be for the time being confined, of the place in which he intends to reside, after his release. (3) The Officer in charge of the Jail or other place of confinement shall thereupon report to the Superintendent of Police of the District in which such jail or other place of confinement is situate,' the name and other particulars necessary for the identification of the prisoner, and the place at which such prisoner intends, after his release, to reside. 91. Release of convicts after 14 years of imprisonment. - (1) Not less than six months before the expiry of completion of 14 years of substantive imprisonment of a prisoner convicted on and after 18th December 1978 an offence punishable also by death, Superintendent shall make a reference to Administrator for permission to release the prisoner on completion of 14 years of substantive imprisonment. (2) Not less than three months before the expiry of completion of 14 years of imprisonment with remission of a prisoner convicted before 18th December, 1978 on an offence punishable by life imprisonment whether or not punishable by death, Superintendent shall make a reference to the Administrator for permission to release the prisoner on completion of 14 years of imprisonment with permission. (3) Not less than six months before the expiry of completion of 14 years of imprisonment with remission of a prisoner convicted on and after 18th December, 1978 on an offence punishable by life imprisonment but not also by death, Superintendent shall make a reference to the Administrator for permission to release the prisoner on completion of 14 years of imprisonment with remission. 92. Procedure when sentence expires. - (1) When the sentence of a prisoner expires, the Assistant Superintendent shall bring him before the Deputy Superintendent, together with his warrant, and the prisoner shall be released at the jail gate, in the presence of the Superintendent. (2) Every order for the final release of a prisoner shall be signed by the Deputy Superintendent. 93. Warrant of release of a prisoner transferred. - On receipt of a warrant for the release of a prisoner who has been transferred to another jail. such warrant shall be forwarded without delay by post registered to the jail in which the prisoner confined. 94. Identification of prisoners on release. - Every prisoner shall, before being released, be carefully identified with reference to the personal description of such prisoner recorded in the admission register, and the Superintendent or Deputy Superintendent shall satisfy himself that the prisoner brought forward is entitled to be released and that his sentence has been duly executed except in respect of any remission earned and granted in pursuance of the remission rules. 95. Time of release of prisoners. - (1) No prisoner shall be released after the hour of lock-up or the night or before Sunrise on any day. (2) Every prisoner, whose release has been ordered by a competent Court on any day, shall be released on the same day, as soon as possible after the receipt of the order directing his release. (3) Subject to the provisions of Clause (2). prisoners shall ordinarily be released as soon as possible after sunrise. 96. Prisoner to produce his jail outfit on release. - (1) Every prisoner shall before he is released, be required to produce, for inspection and deliver up. his complete jail outfit in a clean condition. Any prisoner whose clothing is dirty shall be made to wash and clean it before he is released. (2) A convict about to be released shall present himself before the Deputy Superintendent in his private clothes, or if he has no clothing of his own, in the clothing provided for him by the Deputy Superintendent. 97. When the date of release falls on jail holiday. - If the date on which any prisoner would be entitled to be released, falls on a jail holiday, such prisoner should be released on a day earlier :
Provided that if for any reason a civil prisoner is entitled to be released on a jail holiday he shall be released on that day.98. Release on the authority of a telegram. - No prisoner shall be released on the authority of a telegram. 99. Prisoners on release to be furnished with certificate. - At the request of any prisoner sentenced to imprisonment, he shall be furnished at the time of his release with a certificate signed by the Deputy Superintendent, to the effect that he has completed his term of imprisonment at the amount of remission, if any, being stated therein. A report on his character and conduct in jail shall also be included in the certificate, if the prisoner so desires, but not otherwise. 100. Return of a prisoner's property on release. - At the time of releasing every prisoner, the Deputy Superintendent shall deliver, or cause to be delivered to him, all money and other property (if any) belonging to him. An acknowledgement of the receipt of the money and other property (if any), shall, if the prisoner can write. be taken from him in the admission register. lithe prisoner cannot write, he shall be called upon to state, whether he has or has not received all money and other property belonging to him, and, if not, what articles, or their value, have not been delivered to him. If any part of a prisoner's money or other property is not delivered to him, a note of the fact shall be made opposite the item not delivered, in the list attached to his warrant, and the Superintendent shall decide whether any and, if so. what compensation is to be granted to the prisoner in respect thereof, and shall pay such compensation. or cause it to be paid, to him accordingly:
Provided that no prisoner shall be entitled to receive any compensation, other than the sale proceeds (if any) destroyed or sold in accordance with the provisions of existing rules.Note: Compensation for money or other property lost while in the custody of any officer of the jail, shall be paid at the expense of the Officer responsible for such loss. 101. Conditions under which clothing may be supplied to a released prisoner. - Every prisoner whose clothing has been sold or destroyed or is insufficient for purposes of health or decency, shall, upon release, be supplied, at the expense of the Government, with such clothing as the Superintendent may consider necessary and suitable. 102. Subsistence allowance, railway pass and conveyance allowance. - (1) Every prisoner whose home is situated more than five kms. from the jail from which he is released within the Union Territory of Delhi and who is not in possession of more than two rupees (exclusive of what he may have been awarded while confined in jail), shall at the time of his release, be provided with the local bus fare to his home. (2) Every other released prisoner whose home is on or near, any railway station and is situated more than five miles from the / jail of his release or from the nearest railway station shall be entitled to:—
(i) a free railway pass of the second class to the station nearest to his home; and
(ii) conveyance allowance equivalent to the actual bus fare ;Provided that Government may, at any time. direct that in the case of any prisoner or class of prisoners no railway pass or bus fare shall be given on release from jail after completion of their sentence. 103. Meal to prisoners on release. - Prisoners about to be released in the morning shall, prior to release, be supplied with the early morning meal. 104. Release of female prisoners. - In the event of no relative appearing to receive a female prisoner and she is likely to be Fed astray or is young, she should, if willing to accept the escort, be sent to her home in charge of the female warder, or a respectable woman entertained for the purpose. If this escort is not considered necessary, the prisoner shall be released in the ordinary way, after making an entry in the release register to this effect. 105. Return of warrant— Action when there are two or more warrants. - (1) On the release of a prisoner, upon the expiry of his sentence or on bail, his warrant shall be returned to the Court which (and not, by name, to the officer who) issued it, with an endorsement showing the date and cause of release, and the date on which the warrant is returned. (2) The warrant of every prisoner who dies in jail shall be returned to the concerned Court in which he was convicted. (3) If any prisoner is required of undergo two or more sentences under separate warrants, each such warrant shall be returned as soon as the sentence to which it relates has been executed. (4) Warrants of commitment of prisoners sentenced by General, Summary General or District Courts Martial should be sent to the Judge Advocate General in India and those of prisoners sentenced by Summary Courts Martial to the Officer Commanding, the unit in which the Court was held after the sentence has been executed. (5) Warrants of commitment of escaped prisoners, who have not been recaptured. shall be returned to the convicting Courts after a period of 10 years from the date of escape. 106. Return of warrant—Action where an accused has been admitted to bail. - Where an accused has been admitted to bail pending the hearing of his appeal, the original warrant of commitment shall, after being returned by the Jail Authorities to the Court which issued it, be forwarded to the Appellate Court and Superintendent should ensure that:
(1) In every case in which a sentence is reversed on appeal, the Appellate Court shall return the original warrant with a copy of its order to the Court by which the accused was admitted to discharge him.
(2) In every case in which a sentence is modified on appeal, the Appellate Court prepares a fresh warrant (in the form prescribed in the rule following this rule) and forwards the same, with the original warrant and with a copy of its order, to the Court by which the accused was admitted to bail, with directions to take measures to secure his surrender and commitment to jail on the modified warrant, and
(3) In every case in which a sentence is confirmed on appeal, the Appellate Court returns the Original warrant with a copy of its order to the Court by which the accused was admitted to bail, with directions to take measures, if given, on surrender and commitment to jail on the original warrant.In each of the last above mentioned cases Superintendent shall ensure that the Court in which the accused surrenders to his bail endorses on the warrant the date of his release on bail and of his subsequent surrender. 107. Action where an accused surrenders to his bail. - Where an accused surrenders to his bail in the Appellate Court, such court in every case in which the sentence is reversed on appeal, discharges him. And in every case in which the sentence is modified or confirmed on appeal, such Court forwards the accused in charge of a police officer with the modified or original warrant to the Sessions Court with directions to commit him to custody as in cases (2) and (3) of Rule 106. 108. Case of prisoner ill at the time of release. - If on the expiration of his sentence, a prisoner is found to be suffering from serious illness, he shall, if he elects to remain under treatment in jail., under Section 26(3), Prisons Act, 1894 (Act IX of 1894), be allowed to do so until certified fit for discharge. 109. Release of prisoners suffering from disease. - (1) With the consent of the Sessions Court within the limits of which the prisoner's offence was committed, the Superintendent may release a prisoner suffering from disease, provided that :-
(a) the disease is likely to prove fatal if the prisoner remains in prison ;
(b) there is reasonable chance of recovery if the prisoner be released ;
(c) the prisoner has not done any wilful act, since he has been in prison, to produce or aggravate his disease ;
(d) the medical officer recommends the release and certifies that the conditions (a), (b) and (c) above, have been complied with ; and
(e) the prisoner has not more than six months to remain in prison before the expiry of his sentence.(2) The prisoner shall be informed, before release that his liberation is conditional on the sanction of the Administrator, and that, if such sanction be withheld, he will have to return to prison to serve out the remainder of his sentence. The prisoner's friends or relatives shall be sent for and a security bond taken from them, before he is released, that they will give him up if required to do so. (3) The case shall be immediately reported to the Inspector-General for submission to the Delhi Administration.