Delhi Prisons (Custody 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. Home (General) 5. in exercise of the powers conferred under clause (27) of section 59 of the Prisons Act 1894 (9 of 1894) by the Administrator of the Union Territory of Delhi.
I. Guarding of Prisoners2. Main Principle to be observed in guarding. - Every prisoner in a jail shall at all times, both by day and night, be in charge of some officer, in such a manner that responsibility for an escape resulting from negligence, can be definitely fixed. A record of the names of prisoners made over to each officer during the day shall be kept in a gang-book, and every subsequent change of a prisoner from one gang to another, shall be recorded therein under the authority and signatures of an officer not below the rank of a Head-Warder, who likewise at every change of guard shall be present to witness and verify the number of prisoners made over to the relieving officer. 3. Details of the procedure to be observed in guarding. - The following procedure shall be observed in guarding the jail and the prisoners confined therein:—
(1) The warder guard shall, after due allowance has been made for leave. sickness. transfer etc., be divided into two squads as equally as possible, which may be called A & B. Squad A will come on duty at 6 A.M., and be relieved by Squad B at noon; Squad B will be on duty till 6 P.M , and will be relieved by the night guard which may be composed partly from Squad A and partly from Squad B.
(2) The Deputy Superintendent and the Senior Assistant Superintendent and Assistant Superintendents together with the warders who are to go on duty in the morning shall enter the jail together.
(3) The Wards shall be opened and the prisoners counted out by lead Warders in pairs in the presence of the relieving warders who are to take charge of the prisoners during the first period of day duty. The Deputy Superintendent, Senior Assistant and Assistant Superintendents or Senior Head Warder shall verify the number counted out of each ward by comparison with the entry in the lock-up register.
(4) On the completion of the parades, the prisoners shall be distributed into their respective gangs, and an officer shall be placed in charge of each gang. The responsibility for the charge of a gang shall never be divided between two or more officers. The strength of a gang working outside the jail precincts shall not, without the sanction of the Inspector-General, exceed 12 prisoners, which number shall include two convict-officers. There shall be at least one warder in charge of every such gang. In the case of prisoners working inside jail walls, each gang may, including the convict-officers, attached, contain as many as can to conveniently and effectively supervised and may, when the warders are insufficient in number, be placed in charge of selected convict-officers. Prisoners shall not be employed beyond the jail precincts without the special sanction of the Inspector General.
(5) For the guarding of gang sent to work beyond jail precincts, Administrator may frame special rules for extra mural labour.
(6) The warders coming on duty at the opening of the wards in the morning shall be relieved at noon by the Squad B which shall be brought into jail by the Head Warders taking the second turn of day duty. They shall remain in charge until the prisoners are locked up and the night guard posted.
(7) When the warders and convict-officers are posted to the several gangs in the morning, the names of the prisoners composing each gang shall be called from the gang-book in the presence of the officer about to take charge, who shall verify the total by counting them. The officer's name shall then be recorded in the gang-book and his receipt taken. Every long-termed and dangerous prisoner should be specially pointed out to the warder about to take charge of him, so that a particular watch may be kept on him. At every change of guard the number of prisoners in each gang shall be counted, and in the case of gang outside the jail, the names of the prisoners composing each gang shall be called over. In large jails there should be several gang-books, so that the rolls may be called simultaneously to save time. Convict-writers may, when necessary, be employed to assist in writing up the gang-books.
(8) On the cessation of work in the evening, the gang shall be collected and the prisoners in each gang counted and verified.
(9) Every warder in charge of a gang working outside the jail walls shall keep a vigilant eye on the prisoners in his gang and shall not allow them to wander or go out of sight on any pretext whatsoever. He shall be personally responsible for their safe custody throughout the whole period of his duty. Convict-officers assisting a warder in charge of an outside gang shall similarly be responsible for the safe custody of the gang, but their responsibility shall in no way diminish, or detract from the responsibility of the warder. Prisoners working all day at a distance from the jail should be provided with a temporary latrine in close proximity to the work and under the eye of the warder in charge. A warder in charge of a gang inside the jail shall accompany any of the prisoners of his gang when they go outside the jail, leaving the prisoners remaining inside, in the charge of convict officer. Only warders of experience should be placed in change of outside gangs.4. Evening count, lock-up and disposal of keys. - (1) After completion of the evening parades, the first section of night guard shall be brought inside the jail by the patrolling officer; the Deputy Superintendent, Senior Assistant and Assistant and Head Warders shall then count the prisoners into their wards, cells or other compartments. When all the prisoners (except the convict-officers at the walls and those who are to take part in the first watch) have been locked-up, the total number of prisoners shall be verified. If found correct, the patrolling officer shall then post the first section of night guard on the main wall on their respective beats. The number of prisoners locked up in each ward or other building, as well as the total number of prisoners in the jail, shall be shown in the prescribed lock-up register (called No. 14). .to which the Deputy Superintendent shall append his signature in token of its correctness. (2) On the completion of the lock-up, the keys c f the wards, cells and other compartments where prisoners are confined, shall be collected and counted in the presence of the Deputy Superintendent who shall note the number in the lock-up register. He shall then lock the keys, into the receptacle provided for the purpose at the main gate and make over the key of such receptacle to the patrolling officer of the first watch. Each patrolling officer shall in turn make over the key to his successor, and the officer of the last watch shall deliver it to the Deputy Superintendent on his entering the jail in the morning. The keys of the cook-house and of the wards in which the cooks and convict-officers for night duty are confined shall also be placed in the charge of the patrolling officer. 5. Period of night duty. - (1) The last section of the night guard shall not be employed in Squad A on the following day. (2) No Warder or Head Warder shall he on whole day duty except the gardener and Chief Head-Warder. All warders other than the gardener and Chief Head Warder shall be required to serve on night duty. 6. Employment of convict-officers on night guarding. - (1) The barracks shall be guarded inside by convict officers and they shall be responsible for escapes from sleeping barracks. (2) Convict warders and overseers may be employed in guarding the main wall by night when the number of warders is insufficient. There should be at least two warders to every convict-officer on duty at any time. (3) No convict-officer shall be placed on any beat where he cannot be under the observation of a warder. (4) Convict-officers shall not be employed to guard the main wall at night to a greater extent than is necessary or to relieve warders of their ordinary spell of night duty. (5) Convict-officers shall not be employed to guard prisoners condemned to death or under-trial prisoners or prisoners in huts or tents outside the jail except in cholera or extra mural camps. They shall not in any case be so employed without the previous sanction of the Inspector-General. (6) Only the most trustworthy convict-officers and those with the shot-test unexpired sentence should be selected for duty outside the barrack at night. 7. Convict-officers detailed for duty outside to be kept separate. - Convict-officers detailed for guarding outside by night shall, when not on duty and whenever possible, be locked up in a ward by themselves. They shall be let-out and locked up, before and after their turn of duty, respectively, by both the relieved and relieving patrolling officers. 8. Warders to accompany large gangs taken beyond the jail precincts. - When more than 40 prisoners are taken outside the jail to such a distance that the alarm if sounded cannot be heard at the jail and such prisoners are allowed to work together as one party, four or more warders according to circumstances (in addition to the warders and convict-officials in charge of the gangs), armed with rifles and stenguns shall be told off to follow the gangs and to station themselves in a suitable position to render assistance should it be required. 9. Charge of the under trial ward. - Unconvicted prisoners shall be guarded by warders and not by convict-officers. 10. Duties of the night watch. - (1) During the night the officer-on-duty outside shall patrol the main wall of the jail and shall not quit his beat or sit down. (2) The barracks shall be visited once in every hour throughout the night by a patrolling officer who should examine the gratings and doors and satisfy himself that they are secure and that the convict-officer on duty inside is on the alert. He should frequently challenge him with this object and enquire the number of prisoners and if all are present. (3) The main wall should be well lighted. 11. Roster of officers for duty, Beat at night to be changed, Record to be kept. - (1) A roster showing the turns of day duty of each warder and convict-warder shall be prepared every week in advance, by or under the orders of the Deputy Superintendent and pasted up in some prominent and accessible place. All subsequent changes of duty of officers on the roster should be noted thereon. (2) No officer should he placed on the same heat for two nights in succession. nor informed of his beat till he is about to he posted A record shall be kept showing the officer put on each beat during each watch. 12. System of watch inside the wards at night. - Every ward or compartment in which prisoners are confined shall be patrolled inside by . convict-officers who should be changed daily and relieved at the time the patrolling officer is changed A roster showing the names of the prisoners told off to patrol each ward, with the hours of duty, shall be kept. The patrolling officer shall satisfy himself that the convict-watch inside the wards is changed at the time the patrolling officer is relieved. When exceptional precautions are necessary or a ward is of unusual length. two or more convict officers may be placed on duty at one time, each being allotted a definite beat. Convict-officers whilst on duty shall patrol their wards, prevent, as far as lies in their power, the commission of any breach of jail discipline. satisfy themselves by frequent counting that the prisoners are all present and intimate the fact to the outside patrol at least once every fifteen minutes. At each change of watch, the relieving convict-officer shall report to the patrolling officer the number of prisoners present in case of any unusual occurrence he shall give immediate notice to the patrolling officer to take any action that may be necessary. 13. The lighting of wards at night. - The ward shall be well lighted both within the barracks/cells through street light/high mast flood lights in order that patrolling Headwarders and Warders can see and watch the movements within the jail premises. 14. Use of night latrines and prisoners taken ill at night. - No prisoner shall use the night latrine without obtaining the permission of the convict-officer t r warder on duty, who shall acquaint the patrol at the same time and report to the Deputy Superintendent in the morning the name of any prisoner who uses the latrine for defecation. When it appears to the convict-officer or warder that a prisoner is sick, he shall at once bring the fact to the notice of the security staff on duty. When a latrine is furnished with the means of being locked, it shall be kept locked and the key shall remain in the possession of the convict-officer or warder on duty within. 15. Duties of a Head-warder on patrol duty at night. - The Head-Warder or patrol at night shall keep on the move, visiting the warders and convict-officers. He shall on taking over charge, satisfy himself that the correct number of prisoners is reported to be in custody and that everything is secure. When charging guard at night, both the relieved and relieving Head-warders or Senior warder shall change the guard in company. In cases of sickness, the patrolling f lead warder shall forthwith send notice to the Medical Officer and Deputy Superintendent who shall, if necessary, take steps for the removal of the sick prisoners to hospital. Should any irregularity on the part of warders or prisoners come to his notice he should report the matter to the Deputy Superintendent next morning immediately, notice shall be given to the Deputy Superintendent of any occurrence requiring prompt action, such as on escape, attempt at escape, riot, fire or serious sickness. He shall see that the main gate Sentry is at his post between the gates and on the alert. Each patrolling head warder or senior warder shall carry a control-watch to record the time at which he visits each part of the jail. Punctuality at the hour for the relief, the guard, the Head warder or senior warder who is to take the next watch shall bring in the relieving warders. He shall search them between the gates both on entering and leaving the jail. This search should be personally conducted at least once a week by the Deputy or Assistant Superintendent. The Superintendent may, to save time, arrange for the relief of the guard in two places simultaneously. Note: A special warder will be employed for awakening the various night guards for their turns of duty. 16. Custody of dangerous prisoner. - (1) Every convict should be allotted a definite sleeping berth, the number of which should be noted in his bjst'6'ry ticket. Wandering about the sleeping barracks ;at any time is to be strictly prohibited, and the fact of any convict leaving his sleeping berth, for any. purpose whatever should at once be reported by the convict official on duty to the patrolling officer who will note the case and inform the Deputy Superintendent on an letter through official entering the jail on the following morning. (2) Prisoners should not be allowed to approach the gratings unnecessarily and sleeping on the floor between the sleeping berths in the barracks is to be strictly prohibited. (3) Special precautions should be taken for the safe custody of dangerous prisoners whether they are awaiting trial or have been convicted. On being admitted to jail, they should be (a) placed in charge of very competent warder (b) confined in the most secure building available (c) as far as practicable confined in different barracks or cells each night, (d) thoroughly searched at least twice daily and occasionally at uncertain hours (the Deputy Superintendent must search them at least once daily and he must satisfy himself that they are properly searched by a competent subordinate at other time), (e) fettered, if necessary (the special reasons for having recourse to fetters should be fully recorded in the Superintendent's journal and noted in the prisoner's history ticket). They should not be employed on any industry affording facilities for escape and should not be entrusted with implements that can be used as weapon. Warders on taking c .er charge of such prisoners must satisfy themselves that their fetters are intact and the iron bars or the gratings of the barracks in which they are confined are secure and all locks, bolts, etc., are in proper order. They should during their turns of duty, frequently satisfy themselves that all such prisoners are in their places, and should acquaint themselves with their appearances. (4) Light to be kept burning at night. — From sunset to sunrise a good light shall at the discretion of the Superintendent be kept burning in front of the grated door of every cell in which a dangerous prisoner is confined, so that he may at all times be under observation. 17. Letting out cooks to prepare early morning meal. - When it is necessary to let out cooks before day-break to prepare the early morning meal, the patrolling officer shall at the hour fixed, let out the necessary number and put them in charge of a warder as may be directed. 18. Convict-officers may be posted in the central tower. - In jails where there is a central-tower four selected convict officers may be posted therein at night, each to take a watch in turn, to act as a means of communication between the watch and the patrolling officer and to sound the alarm in case of need. A code of signals can be arranged by striking a gang in the tower by which the attention of the Head-warder can be directed to any particular part of the jail. 19. Surprise visit at night. - To enable the jail officer to be entered at night without the knowledge of the patrolling officer and warders on duty inside, a duplicate key of the lock, the original key of which is in the possession of the patrolling officer on duty, shall be kept by the officer in-charge of the picket for the relief of the Sentry at the main gate. 20. Visits by officials at night, report to be made. - Every Deputy Superintendent, Senior Assistant Superintendent and Assistant Superintendent shall, in the case of a Central Jail, ordinarily visit all parts of the jail at night at least once a week and of a District Jail twice a week, each on different nights, and see that the officers on duty are on the alert and moving on their beats, that the prisoners are quiet and on their berths and that the lamps are showing sufficient light. The time of the visit should not be made known beforehand. The date of the visit, the hour of entering and leaving the jail and a report of any unusual occurrence that comes under observation, shall be recorded in a book which shall be provided for the purpose at the main gate. The book shall remain in the custody of the gate-keeper during the day and the Sentry during the night. The gate-keeper should produce it before the Superintendent on the arrival at the jail in the morning. 21. Opening of Wards at night and precautions to be taken. - To the doorposts of all sleeping wards shall be affixed a chain with a book at the free-end which can be attached at wall to the door, so as to admit or allow the exit of one person at a time and no more. Should it be necessary to open a sleeping ward at night for purposes other than the emergency of fire, previous to unlocking the door the chain should be hooked on. No ward shall be opened at night unless the Deputy Superintendent or Senior Assistant Superintendent or Assistant Superintendent and one other officer are present except in the case of fire. 22. Locks to be out of reach. - The locks of the doors of all sleeping wards and cells shall be so arranged that no prisoner can reach them from the inside. 23. Police Guards to be provided under certain conditions. - Whether it is necessary to place prisoners in confinement in any place without the walls of the jail, the Superintendent shall apply to the Superintendent of Police for such police guard as may, in the opinion of the latter officer, be necessary and the Superintendent of Police shall supply such guard accordingly. 24. Responsibility of Police Guards when guarding prisoners. - In every case in which prisoners are guarded by the police under the provisions of the preceding rule, the responsibility for the safe custody of the prisoners shall rest with the police. 25. Action when any jail becomes temporarily insecure. - If, for any cause, any jail, at any time becomes temporarily insecure, the Superintendent shall inform the Commissioner of Police of the fact, and it shall be the duty of that officer to supply such armed/unarmed police guard as he may think necessary to provide for the safety of the prisoners until the jail is made secure. 26. Police help for safe custody of prisoners in certain cases. - Notwithstanding anything contained in any other rules made under the Prisons Act, 1894, for ensuring' the safe custody of any prisoner or prisoners who pose special escape risks, or on occasions when the influx of prisoners is large so as to endanger the existing security arrangements, the Superintendent may, with the prior approval of the Inspector General of Prisons seek the help of the Police Department and request the Commissioner of Police, to provide armed, unarmed or special reserve police guards and police officers inside the prison for being posted at such points and for such period as he ma from time to time determine.
II. Alarm, Parade, Escapes and Out Breaks27. Preparations and procedure for dealing with cases of escape and disturbance. - The precautions to be taken and the procedure to be adopted to guard against and deal with cases of escape and disturbance in jail are as follows:— (1) The main gate Sentry of every jail shall be provided with a siren or any other means for raising an alarm. When prisoners are working in large numbers either inside or outside the jail, at a point so distant that a warder's whistle sounded at such place, cannot be heard by either the main gate sentry or second sentry, a preconcerted means of conveying information rapidly of any untoward occurrence, shall be provided. Immediately a prisoner is found to be missing or in the event of any attempt to break jail or on any other disturbance taking place or even appearing imminent, an alarm parade shall be called and the Deputy Superintendent shall despatch a messenger to convey brief information of what has happened to the Superintendent. (2) The Officer who first notices the incident, whatever it may be, shall blow his whistle continuously, and all warders and convict-officers on hearing it shall repeat their whistles and where a disturbance has broken out or is on the point of breaking out, no attempt at a search or at suppression, as the case may be, shall be made, till measures are first taken to give the alarm; the fact that the missing man was found or the disturbance put down without the necessity or doing so shall not be accepted as palliating in any way, neglect of this order. (3) On hearing the sound of the alarm, the warders in charge of gangs outside the jail shall collect their prisoners and march them to a pre-arranged place where a sufficiency of bel-chains shall be disposed during working hours. The prisoners, other than convict-officers shall sit in single file, and the chain having been passed through their ankle rings shall be secured by locking. The lock may remain at all times on one end of the chain, but the key, whether a parade is in progress or not, shall remain with the senior warder in charge of the gang and shall not be entrusted to a convict-officer. Note: As an alarm parade may be ordered at any time, and it is of importance that prisoners should not know whether any given parade is merely for practice or not, the same attention to details should be given on all occasions. In the case of an attempt on the part of a body of prisoners to break out of the main gate, it would be unwise to open the gates or wickets for the purpose of returning extramural gang into the jail until the enclosure in the vicinity of the inner gate is first cleared of prisoners for this reason the whistle till the continuous sounding of the alarm at the jail gate shows that the information has reached there. A sentry on hearing a whistle sounding of the alarm in any part of the jail or its neighbour-hood shall repeat the alarm/siren till the whole establishment is thoroughly apprised. The siren used for sounding an alarm should be of a different tone to that used for ordinary parades. The Head Warder or warder on duty at the place where the alarm originated, shall despatch a junior warder or a trust-worthy convict-officer with all haste to the jail gate to convey such information as is known regarding the character of the occurrence that has or is about to take place, so that the Deputy Superintendent or other officer in charge may be in a position to direct operations accordingly; for instance, in the case of an escape, the prisoner's name, where he was last seen, the direction he has probably taken and the part of the jail or jail precincts he has thus appeared from, will all be valuable pieces of information in leading to his recapture; in case of a disturbance, the locality in which it occurred and the approximate number of prisoners engaged in it, will enable the officer in command to dispose of his force in the most effective manner for its suppression. (4) Promptitude in starting an alarm is a most urgent and important duty. When a prisoner is discovered to be missing, or gangs at work outside should, on the occurrence of an alarm, be chained up where the work is in progress. (5) At times of alarm all prisoners inside the jail shall, with the exception of convict-warders and overseers, be locked into the nearest or most convenient ward, work-shop or other building, the convict-warders and overseers may be employed to guard the walls, patrol outside barracks or in such other way as they may be directed. The other convict-officers who are locked in with the prisoners shall be required to maintain order in the building in which they happen to be confined. (6) On the sound of the alarm, every jail official (except warders in charge of gangs) shall proceed immediately, no matter where or how engaged or whether in proper uniform or not, to the jail armoury and arm himself as directed. He shall then fall into line and place himself under the orders of the Deputy Superintendent or other Officer present. The procedure to be followed by the officer in charge must necessarily depend on the character of the occurrence with which he has to deal. In all cases, however, a sentry should be posted on the roof of the main gate or other position where he can command a view of the interior of the jail and two small pickets, each in charge of a Head-warder or Senior Warder, should be despatched to take up positions in the rear of the jail, and instructed to prevent any attempt on the part of prisoner to scale the walls in these parts. A few men should be set aside as reserve to render assistance of any point where their services may be specially required and with instruction to proceed to the spot from which the sound of a rifle shot comes; (warders in need of assistance shall fire a shot in the air to intimate the fact). When prisoners arc chained up out side the jail, it will he also necessary to post a small picket over them. The disposal of the remaining men will depend on circumstances. (7) If it be a case of escape or disturbance outside the jail, it shall be the duty of the officer in charge to despatch his spare men in search of the missing prisoner or to take measures to quell the disturbance, as the case may be, using his powers with discretion and effecting his object with display of force as is under the circumstances necessary. (8) Should it be a case of riot or disturbance inside the jail the officer in-charge will have to lead his men in to put it down. Before taking such a step, however, he shall first satisfy by enquiry from the sentry on the roof of the gateway that there are no prisoners in the enclosure in the vicinity of the gate. Should there be, the gate should not be opened till the crowd is dispersed, and this can be effectually done from the gateway roof. He shall then lead his men in double file or in "fours" between the gates. When the outer gate has been bolted and locked, the inner one may be opened and the men marched in double time to the scene of the disturbances, to act as the officer in command may dictate. (9) Whether an alarm is real or false, all the details, from the preliminary whistle of the warder to the conclusion of the search for the missing prisoners or the suppression of the disturbance, as the case may be, should be carried out. To accustom warders to the different circumstances with which they may be called upon to deal and test their preparedness to turn out at short notice, an alarm parade shall be held twice a month at any hour of the day or night, without previous warning and stated from one of the places where prisoners are' usually assembled. (10) In the case of an escape or disturbance at night, or after all the gangs are inside the jail, the same method of starting an alarm shall be followed, namely, the blowing of a whistle and the conveyance of the necessary information to the jail gate, by the patrolling officer, if after lock-up, or by some junior officer, if before that time. A sentry shall be posted over the main gate and the necessary pickets sent to the rear of the jail to frustrate any attempt at an escape, as is done in alarm parades by day. If it be reported that a prisoner has escaped and it appears probable that this still lurking within the jail, convict warders with tourches shall be posted at intervals inside the enclosure walls and the remaining warders divided into two parties each with lighted tourches, one to search inside and the other outside the jail. Note: Each jail shall have an emergency generator in working condition stock of fuel and an operator at the main gate. (11) It is the duty of the gate sentry at times of alarm to defend the gate and to protect any officer of the prison or other person whom a prisoner may be actually using violence. (12) Absolute silence should be preserved at alarm Parades and all the details carried out in an orderly and systematic manner. Senior Assistant Superintendents, Assistant Superintendents, Head-warders and Senior-warders who have to take charge of detached parties of men should be informed before-hand of the duties required of them, so that they may know exactly what to do and where to go when the alarm sounds, without waiting for instructions from the officer-in-charge. (13) In case of a disturbance, the officer-in-charge should keep his men together in line and not allow them to approach the body of prisoners nearer than thirty yards from which distance he is in the best position to deal with the rioters. A few warders should in all cases be armed with batons and supplied with handcuffs to arrest and secure any ring-leaders or escaping prisoners. Note: Police teargas squads may be requisitioned by the jail in the case of emergency when considered necessary. (14) The alarm shall be concluded by blowing the 'retire' on a siron as a signal for all officers who took part in the parade to return to the jail gate, fall into line and be dismissed by the Deputy Superintendent. (15) The Deputy Superintendent shall note in his journal the date and hour at which the parade was held, the time taken by the warders to fall in and arm themselves, the names of any subordinates who were late or absent and any defects that were noticed. 28. Message to Deputy Commissioner of Police. - In the event of a disturbance occurring in the jail which is likely to develop into a serious riot, the Superintendent of Jail shall send a message to the concerned Deputy Commissioner of Police or in his absence, the next Senior officer present in the nearest police Station, on the telephone or by a fast messenger, informing him about the situation and if he (Superintendent, jail) considers that the presence of the Deputy Commissioner of Police or in his absence of the next Senior Officer is necessary, he will at .the same time request him to come to the jail personally. On receipt of such a message, the above mentioned officer will immediately proceed to the jail and it will be open to him to take all such measures as may be necessary in the special circumstances of the case, to restore order. All action taken will be promptly reported by him to the higher authorities. 29. Assistance from Police. - (1) The Superintendent shall, in consultation with the Deputy Commissioner of Police make such arrangements for a concerted plan of action in the case of an outbreak or escape, as may seem advisable. (2) The Deputy Superintendent shall, on the occurrence of an escape or outbreak, report the officer-in-charge of the nearest Police Station. 30. Notice of an escape to be sent to certain officers. - (1) When an escape has taken place and attempts at recapture have been ineffectual immediate notice shall be sent to the Deputy Commissioner of Police concerned alongwith a descriptive roll of the prisoner with all the information available including his actual place of residence, for purpose of identification. If the prisoner belongs to a district other than that in which he was confined, reports and descriptive rolls shall be sent to the Magistrate of that district and the Magistrates of all districts he is likely to trayers on his way to his home; a report and descriptive roll shall also be sent to the Superintendent of Railway Police should the prisoner be at all likely to avail himself of the railway and if it appears expedient, information shall be sent by wireless message /telegram to the police of other districts. (2) The Superintendent shall, on the occurrence of an escape or any other serious unusual event, immediately report the same to the Inspector-General. 31. Reports to the Inspector-General of escape and recapture. - (1) A brief Deport on every escape that takes place shall be submitted to the Inspector General at once, to be followed by a full report detailing the results of the enquiry which the Superintendent shall make as soon, after the occurrence, as possible. A copy of the judgment in the case of a prisoner tried for escaping, shall also be submitted to the Inspector General. In the case of escapes that have not been due to negligence alone but in part to some defect in the buildings or in the method of guarding, such defect should be clearly pointed out. (2) A report of the recapture of prisoner shall be made to the Inspector General giving particulars of the date and circumstances of recapture, and such additional details of the escape as may be elicited from the prisoner. Note: The detailed report should be submitted in duplicate for transmission of one copy to the Delhi Administration. 32. Attempts to escape to be reported. - (1) Every attempt to escape, with the Inspector-General the particulars in each case, shall be reported to accompanied by a descriptive roll of the prisoner. (2) A brief report of every attempt to escape should also be made to the Deputy Commissioner of Police. 33. Rewards for re-capture. - (1) Superintendents of Jails may give a reward fixed on a consideration of all the circumstances but in no case exceeding Rs. 200/- for the recapture of any escaped prisoner irrespective of the prisoner's sentence. (2) Whenever peculiar circumstance render it expedient to offer a large reward, a special application shall be made to the Inspector Genera], who is empowered to sanction up to Rs. 1000/- for the recapture of any prisoner. Should the Inspector-General consider a still higher reward necessary, he shall refer the case for the orders of the Administrator. (3) No rewards for the recapture of a prisoner who escapes from of the police shall be paid by the Jail Department. Note 1: Any Government servant may receive, without special permission any reward offered for the arrest of a criminal etc. Note 2: When two or more persons have been instrumental in the recapture of any prisoner who has escaped from a jail, the reward shall be divided amongst them in such manner as the Inspector-General may direct. 34. Rewards for a prisoner preventing an escape. - Every prisoner who assist in any way whatsoever in preventing an escape shall, if he cannot be adequately rewarded by the Superintendent under the remission rules, be brought to the notice of the Inspector-General. 35. Procedure on recapture of a prisoner. - (1) On the recapture of a prisoner, the fact shall be notified to all officers who have been addressed under rule 30 above. (2) A recaptured prisoner may be admitted into and detained in jail on the authority of his original warrant and the time he was at large does not count as sentence served. 36. Prisoner not recaptured to be entered in release register. - The name, register number and date of escape of every prisoner who has escaped and has not been recaptured, shall be entered in a blank page of the release register and copied into every subsequent register brought into use, for ten years unless he has been recaptured in the meantime, when his name shall be marked off and the date of recapture noted. 37. Procedure when a sentence in connection with an escape is inadequate. - Should a sentence passed on a prisoner for escaping or attempting to escape or on a jail officer for negligently suffering or conniving at the same, be in the opinion of the Superintendent inadequate, he shall refer the case to the Inspector General who may, if he thinks fit, report the case to Government with a view to the enhancement of the sentence. 38. Construction of the outer walls of a jail. - The outer walls of every jail should be rounded on top; cornices, projections of any sort or broken glass, only afford a hold for a blanket or cloth. At every junction of a partition wall with the outer wall and at every angle in the outer wall, a sufficient addition should be made to the height to prevent the possibility of any prisoner sealing the wall at these places. The main enclosure wall of a jail shall ordinarily not be less than 15 feet high and a clear space of 16 feet should be left between it and any building on either side of it. 39. Report of assault or disturbance—Certain convicts not to be entrusted with knives etc...., jail locks. - (1) A full report of every serious assault committed by a prisoner on an officer of the jail and of every serious disturbance or combined outbreak amongst prisoners shall be submitted to the Inspector-General. (2) Convicts of a sulky, no rose or violent temper should on no consideration be entrusted with a. knife or other implement which might be used as a weapon of offence. (3) All locks in use in a jail should be examined daily and the lock found out of order, be brought to the Deputy Superintendent who shall replace it with a serviceable one. Note: Lever locks should not be lubricated with vegetable oil, as causes the levers to stick and renders the lock easy to pick. (4) Even where there has been a cognisable crime which is to form the subject of police and magisterial enquiry and subsequently ends in a criminal trial, the Superintendent must at once conduct enquiry, and submit the result to the Inspector-General on the aspect of jail discipline and the observance of rules involved in the case, and if he finds that any officials are to be blamed, he should state how he proposes to deal with them. (A) Confinement in Irons During Emergency 40. Prisoners may be required to wear fetters and belchains. The Superintendent may, at his discretion require all or any prisoners to wear fetters while confined in any place without the walls of the jail. In cases of grave emergency belchains may also be used. Belchains may not be used inside the jail except in cases of grave emergency and when their use inside a jail becomes necessary an immediate-report of the circumstances will be made to the Inspector General of Prisons. Provided that minimum possible bodily pain shall be caused and the fetters will be made to be work for the minimum possible period. 41. A supply of fetters and belchains to be maintained. - In each of the jails, fetters and be/chains for 500 prisoners shall be kept in stock to meet emergencies. 42. Description of irons which may be used. - In placing prisoners in irons in exercise of the powers conferred by section 56 of the Prisons. Act 1894, no irons of any kind other than one of the kinds prescribed in paragraphs and infra, and in the case of fetters, other than bar-fetters or link-fetters, shall be imposed on any prisoner. 43. Prisoners exempted absolutely. - The imposition of fetters is prohibited in the following cases, namely:—
(a) Female prisoners;
(b) Civil Prisoners;
(c) Convict-officers; and
(d) Convicts who by reason of age, physical infirmity or serious illness, are, in the opinion of the Medical Officer unfit, to be placed in fetters.44. Prisoners ordinarily exempted. - Fetters shall not ordinarily and without special reasons, to be recorded by the Superintendent in his journal, be imposed on any :-
(a) Convict, the unexpired period of whose term of imprisonment is less than six months;
(b) Convict who has undergone three-fourth of his substantive sentence of imprisonment.
(c) unconvicted criminal prisoner;
(d) prisoner under sentence of death; or
(e) convict who is being produced in court.45. Imposition of hand-cuffs when permissible. - Hand-cuffs may, as a measure of restraint, be imposed on any prisoner, if the Superintendent is of opinion that the imposition is necessary for the protection of the prisoner himself or of any other person. Provided that whenever hand-cuffs are imposed on any women or civil prisoner, the Superintendent shall immediately report such cases with his reasons therefore, to the Inspector General of Prisons, for his approval. 46. Record of cases in which irons are imposed. - In every case in which any prisoner is placed in irons of any description, the fact that they have been imposed and the time of their imposition and removal, respectively, shall be noted in the Superintendent's journal and prisoner's history ticket. 47. Fetters to be examined periodically. - (1) All fetters imposed on prisoners for safe custody shall be examined daily by a Head-warder and once a week by the Deputy Superintendent who shall notify the fact in his journal. The fetters of dangerous prisoner should be examined daily by the Deputy Superintendent, Senior Assistant Superintendent or Assistant Superintendent. (2) Care should be taken that the fettering cannot be drawn over the feet and that the rivets fit the holes and have sufficient head on each side. Note 1: All prisoners required to wear fetters or ankle rings should be provided with pliable gaiter to prevent abrasion of the skin. Note 2: A loin-cloth of the standard size 6'x3' shall be issued to all prisoners and wearing fetters in lieu of Kachhas or trousers. 48. Annual statement of prisoners fettered. - An annual statement showing particulars of the cases in which fetters have been imposed during the year, shall be submitted within one month of the succeeding year, to the Inspector General, 49. Removal of fetters. - Fetters imposed for security shall be removed by the Superintendent as soon as he is of opinion that this can be done with safety. (B) Use of Arms Against Prisoners 50. Use of arms when permitted. - Any officer of the prison may use a sword, bayonet, fire-arm or any other weapon against any prisoner escaping or attempting to escape. Provided that resort shall not be had to the use of any such weapon unless such officer has reasonable ground to believe that he cannot otherwise prevent the escape and in all events only minimum required force will be used. 51. Outbreaks and attempts to outbreaks. - Any officer of the prison may use a sword, bayonet, firearm or any other weapon on any prisoner engaged in any combined outbreak or in any attempt to force or in "any attempt to break open the outer gate or enclosure; wall of the prison and may continue to use such weapon so long as such combined outbreak or attempt is being actually prosecuted and in all other events only the minimum required force will be used. 52. Using violence to an officer. - Any officer of the prison may use a sword, beyond fire-arm or any other weapon against any prisoner using violence to any officer of the prison or other person; Provided that such officer has reasonable ground to believe that the officer of the prison or other person is in danger to life or limb, or that other grievous hurt is likely to be caused to him and in all other events only the minimum required force will be used. 53. Warning to be given. - Before using fire-arms against a prisoner, the officer of the prison shall give a warning to the prisoner that he is about to fire on him and otherwise the minimum required force will be used. 54. Orders of superior officer. - No officer of the prison shall in the presence of his superior officer .use arms of any sort against a prisoner except under the order of such superior officer.
III. Sudden or Violent Deaths55. Report of death to be made to the police. - In every case of sudden or violent death or supposed suicide, or whenever there is any doubt or complaint or question concerning the cause of death of any prisoner, or whenever any prisoner dies from the effect of punishment or injury, a report shall forthwith be made to the Police who are empowered to take action under the Criminal Procedure Code, 1973. 56. Report to be made to the Inspector-General. - The Superintendent shall, in every instance in which an inquest may be held on the body of any prisoner confined in the jail, submit a full report of the circumstances of each case to the Inspector General together with a copy of the finding of the Magistrate who conducted the enquiry. 57. A Magistrate who is Superintendent not to hold an inquest. - A Magistrate who is also the Superintendent of the jail or acting under a temporary arrangement for the Superintendent shall not hold an inquest into the cause of death of any prisoner dying in the jail of which he has charge at the time, unless there be no other duly authorised Magistrate available for the duty. 58. Medical Officers empowered. - The following officer are empowered under section 174(3) of the Criminal Procedure Code, 1973, to conduct postmortem examination:—
(a) All Civil Surgeons.
(b) All Medical Officers holding collateral Civil Charges,
(c) All Staff Surgeons.59. Report to Superintendent and Medical Officer. - The Deputy Superintendent shall report the occurrence of the death of every prisoner from sudden or unnatural causes to the Superintendent and Medical Officer, as soon as possible after the event. 60. Body to be left in the position in which found—Exception. - On the occurrence of a sudden or violent death in jail, the body shall, if life is extinct, be left in a position in which it was found until the arrival of the Magistrate and Medical Officer; but if it is not certain that death has taken place, measurers shall be taken to restore animation and for this purpose the body may be removed from the position in which it was found.