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Punjab Jail Manual, 1996

Last Updated 28th June, 2019 [pu950]

Chapter I

Introductory

(1) "prison" means any jail or place used permanently or temporarily under the general or special orders of a State Government for the detention of prisoners, and includes all lands and buildings appurtenant thereto, but does not include -

(a) any place for the confinement of prisoners who are exclusively in the custody of the police;

(b) any place specially appointed by the State Government under Section 417 of the Code of Criminal Procedure, 1973; and

(c) any place which has been declared by the State Government, by general or special order, to be a subsidiary jail;

(2) "criminal prisoner" means any prisoner duly committed to custody under the writ, warrant or order of any Court or authority exercising criminal jurisdiction, or by order of court-martial;

(3) "convicted criminal prisoner" means any criminal prisoner under sentence of a Court or Court-martial, and includes a person detained in prison under the provisions of Chapter VIII of the Code of Criminal Procedure, 1973, or under the Prisoners' Act, 1900;

(4) "civil prisoner" means any prisoner who is not a criminal prisoner;

(5) "remission system" means the rules for the time being in force regulating the award of remission to, and the consequent shortening of sentences of prisoners in jail; ,

(6) "history ticket" means the ticket exhibiting such information as is required in respect of each prisoner by the Prisons Act or the rules thereunder;

(7) "medical officer" means Medical Officer which shall include the Additional Medical Officer or any other official especially authorised to act as such;

(8) "prohibited article" means an article the introduction or removal of which into or out of a prison is prohibited by any rule under the Prisons Act;

(9) "notification" means a notification published in the Official Gazette;

(10) "prescribed" means prescribed by rules made under this Act. [Section 3 Act IX of 1894]

(a) "Act" means the Prisons Act, 1894;

(b) "Casual" in relation to prisoner means any convicted criminal prisoner who is not a habitual criminal;

(c) "Central Jail" means any prison in which criminal convicted prisoners are received, for the purpose of undergoing their sentence, by transfer from any other jail and in which such prisoners are riot, when committed to prison, in the first instance are ordinarily received. Provided that no jail shall be deemed to be a central jail unless and until the State Government shall have declared it to be such;

(d) "compartment" means any room, work-shop, godown or other covered, enclosed and protected place in a jail, other than a cell or ward;

(e) "Convict" means a convicted criminal prisoner;

(f) "District Jail" or "Medium Security Jail" means any prison to which prisoners from one or more districts are, in the first instance, ordinarily committed and includes every jail other than a central jail or a special jail;

(g) "District Probation Officer" means an officer appointed as such by the State Government to look after the probation work in a District under Probation of Offenders Act, 1958.

Note. - A temporary prison provided under Section 7 of the Prisons Act, would unless constituted a central or special jail, be a District Jail.

(h) "Habitual criminal" means :

(i) A person convicted of an offence whose previous conviction or convictions under Chapter XII, XVI, XVII or XVIII of the Indian Penal Code taken by itself or themselves or with the facts of the present case show that he habitually commits an offence or offences punishable under any or all of those chapters;

(ii) any person committed to or detained in prison under section 122 (read with Section 109 or Section 110) of the Code of Criminal Procedure;

(iii) any person convicted of any of the offences specified in sub- clause (i) above when it appears for the facts of the case even although no previous conviction as been proved, that he is by habit a member of gang of dacoits, smugglers or of thieves or involved in trafficking in women or narcotics or dealer in stolen property; and

(iv) any person convicted by a Court or tribunal acting outside India under the general or special authority of Government of an offence which would have rendered him liable to be classified as a habitual criminal if he had been convicted by a Court established in India.

Note 1. - The classification of a convicted person as a habitual criminal should ordinarily be made by the convicting Court, but if the convicting Court omits to do so, such classification may be made by the District Magistrate, in the absence of an order by the convicting Court or District Magistrate, and pending the result or a reference to the District Magistrate, by the officer incharge of the jail where such convicted person is confined. Any person classed as a habitual criminal may apply for a revision of the order.

Note 2. - The convicting Court or the District Magistrate may, for reasons to be recorded in writing, direct that any convicted person or any person, committed to or detained in prison under Section 122, read with Section 109 or Section 110 of the Code of Criminal Procedure, 1973 shall not be classed as a habitual criminal and may review such direction.

Note 3. - Convicting Courts or District Magistrates, as the case may be, may revise their own classification and the District Magistrate may alter any classification of a prisoner made by a convicting Court or any other authority provided that the alteration is made on the basis of facts which were not before such court or authority.

Note 4. - The expression "District Magistrate" wherever it occurs in Notes 1,2 and 3 above means the District Magistrate of the district in which the criminal was convicted, committed or detained.

Note 5. - Every habitual criminal shall as far as possible be confined in a special jail in which no prisoner other than habitual criminals shall be kept.

Provided that the Inspector-General of Prisons may, transfer to this special jail any prisoner, not being a habitual criminal, whom, for reasons to be recorded in writing, he believes to be of so vicious or depraved a character and to exercise, or to be likely to exercise, so evil an influence on his fellow prisoners, that he ought not to be confined with other non- habitual prisoners, but a prisoner so transferred shall not otherwise be subject to the special rules affecting habitual criminals.

Note 6 (a). - A habitual offender is defined in Section 2(3) of the Punjab Habitual Offenders (Control & Reforms) Act, 1952 as a person, who during any continuous period of five years, whether before or after the commencement of this Act, has been convicted and sentenced to imprisonment more than twice on account of any one or more of the offences committed on different occasions and not constituting parts of the same transaction; and

(b) who has, as a result of such convictions, suffered imprisonment at least for a total period of twelve months.

(i) "Inspector-General" means the Inspector-General of Prisons, Punjab;

(j) "Juvenile" means a boy who has not attained the age of sixteen years; or a girl who has not attained the age of eighteen years;

(k) "Maximum Security Prison" means any prison meant for confinement of dangerous, habituals, professionals, terrorists, organised and sophisticated types of criminals;

(l) "Section" means a section of the Act;

(m) "Special Jail" means any prison provided for the confinement of a particular class or classes of prisoners and classed as a Special Jail by the State Government;

(n) "State" means the State of Punjab;

(o) "Subordinate Officer" means and includes every officer of a prison other than the Superintendent and the Medical Officer;

(p) "Under Sentence" means under sentence of imprisonment of either description; and

(q) "Dangerous prisoner" means, any prisoner declared to be such by the Superintendent with reference to the character of such prisoner in pursuance of the provisions of Section 56 of the Prisons Act, 1894.

(a) "Open Air Jail" or "Minimum Security Jail" means prison meant for keeping well-behaved prisoners, where there is no material and physical precaution against escape (such as walls, locks, bars, armed or other special security guard) which is governed by a system based on self-discipline and sense of responsibility of the inmates towards the group in which he lives;

(b) "Sub Jail" or Subsidiary Jail means any place so declared by the State Government, by general or special order, and used permanently or temporarily under that authority for the detention of prisoners. It includes all lands and buildings appurtenant thereto.

Chapter II

Punjab State Policy on Prisons

Aims and Objectives

(ii) There shall be a Department of Prisons and Correctional Services, dealing with adult and young offenders - their institutional care, treatment, aftercare, probation and other non-institutional services.

(iii) The State shall endeavour to evolve proper mechanism to ensure that no under trial prisoner is unnecessarily detained. This object shall be achieved by speeding up trials, simplifying of bail procedure and by periodic review of cases of under trial prisoners. Under trial prisoners shall as far as possible, be confined in separate institutions.

(iv) Since it is recognised that imprisonment is not always the best way to meet the objective of punishment, the State shall endeavour to provide in law new alternatives to imprisonment such as community service, forfeiture of property, payment of compensation to victims, public censure, in addition to the ones already existing, and shall specially ensure that the Probation of Offenders Act, 1958, is effectively implemented throughout the State.

(v) Living conditions in every prison and allied institutions meant for the custody, care, treatment and rehabilitation of Offender shall be compatible with human dignity in all aspects such as accommodation, hygiene, sanitation, food, clothing, medical facilities. All factors responsible for vitiating the atmosphere of these institutions shall be identified and dealt with effectively.

(vi) In consonance with the aims and objectives of prisons, the State shall provide appropriate facilities and professional personnel for the classification of prisoners on scientific basis. Diversified institutions shall be provided for the segregation of different categories of inmates for proper treatment.

(vii) The State shall endeavour to develop the fields of criminology and penology and promote research on the typology of crime in the context of emerging patterns of crime in the country. This will help in proper classification of offenders and in devising appropriate treatment for them.

(viii) A system of graded custody ranging from special security institutions to open institutions shall be provided to offer proper opportunities for the reformation of offenders according to the progress made by them.

(ix) Programmes for the treatment of offenders shall be individualised and shall aim at providing them with opportunities for diversified education, development of work habits and skills, change in attitude, modification of behaviour and implementation of social and moral values.

(x) The State shall endeavour to develop vocational training and work programmes in prisons for all inmates eligible to work. The aim of such training and work programmes shall be to equip inmates with better skills and work habits for their rehabilitation.

(xi) Payment of fair wages and other incentives shall be associated with work programmes to encourage inmate participation in such programmes. The incentives of leave, remission and premature release to convicts shall also be utilised for improvement of their behaviour, strengthening of family ties and their early return to society.

(xii) Custody being the basic function of prisons, appropriate security arrangements shall be made in accordance with the need for graded custody in different types of institutions. The management of prisons shall be characterised by firm and positive discipline, with due regard, however, to the maintenance of human rights of prisoners. The State recognise that a prisoner loses his right to liberty but maintains his residuary rights. It shall be the endeavour of State to protect these residuary rights of the prisoners.

(xiii) The State shall provide free legal aid to all needy prisoners.

(xiv) Prisons are not the places for confinement of children. Children (boys under 16 years of age and girls under 18 years of age) shall in no case be sent to prisons. All children confined in prisons at present shall be transferred forthwith to a separate institution, meant exclusively for children with facilities for their care, education, training and rehabilitation. Benefit of non-institutional facilities shall, whenever possible, be extended to such children.

(xv) Young offenders (between 16 to 21 years in the case of boys and 18 to 21 in the case of girls) shall not be confined in prisons meant for adult offenders. There shall be separate institutions for them where, in view of their young and impressionable age, they shall be given treatment and training suited to their special needs of rehabilitation.

(xvi) Women offenders shall, as far as possible, be confined in a separate institution specially meant for them. Wherever such arrangements are not possible they shall be kept in separate annexes of prisons with proper arrangements. The staff for these institutions and annexes shall comprise women employees only. Women prisoners shall be protected against all exploitation. Work and treatment programmes shall be devised for them in consonance with their special needs.

(xvii) Non-criminal lunatics shall not be confined in prisons. The law shall be suitably amended for the purpose. Proper arrangements shall be made for the care and treatment of criminal lunatics.

(xviii) Persons courting arrest during non-violent socio-political economic agitation for declared public causes shall not be confined in prisons alongwith other prisoners. Separate prison camps with proper and adequate facilities shall be provided for such nonviolent agitators.

(xix) Prison service shall be developed as a professional career service. The State shall endeavour to develop a well-organised prison cadre based on appropriate job requirements, sound training and proper promotional avenues. The efficient functioning of prisons depends undoubtedly upon the personal qualities, educational qualifications, professional competence and character of prison personnel. The status, emoluments and other service conditions of prison personnel should be commensurate with their job requirements and responsibilities. Proper training facilities for prison personnel shall be developed at the State Level.

(xx) The State shall endeavour to secure and encourage voluntary participation of the community in prison programmes and in non-institutional treatment of offenders on an extensive and systematic basis. Such participation is necessary in view of the objective of ultimate rehabilitation of the offenders in the community. The Government shall open avenues for such participation and shall extend financial and other assistance to voluntary organisations and individuals willing to extend help to prisoners and ex- prisoners.

(xxi) Prisons are hitherto a closed world. It is necessary to open them to some kind of positive and constructive public discernment. Selected eminent publicmen shall be authorised to visit prisons and give independent report on them to appropriate authorities.

(xxii) In order to provide a forum in the community for continuous thinking on problem of prisons, for promoting professional knowledge and for generating public interest in the reformation of offenders, it is necessary that a professional non-official registered body is established at the State level.

(xxiii) Probation, aftercare, rehabilitation and follow-up of offenders shall form an integral part of the functions of the Department of Prisons and Correctional Services.

(xxiv) The development of prisons shall be planned in a systematic manner keeping in view the objectives and goals to be achieved. The progress of the implementation of such plans shall be continuously monitored and periodically evaluated.

(xxv) The Government at the State shall endeavour to provide adequate resources for the development of prisons and other allied services.

(xxvi) Government recognise that the process of the reformation and rehabilitation of offenders is an integral part of total process of social reconstruction, and therefore, the development of prisons shall find a place in the State development plans.

(xxvii) As prisons form part of the criminal justice system and the functioning.of other branches of the system viz. police, the prosecution and judiciary have a bearing on the working of prisons, it is necessary to effect proper co-ordination among these branches. The Government shall ensure such coordination at various levels.

(xxviii) The State shall promote research in the correctional field to make prison programmes more effective.

Chapter III

Classification of Jails

(i) Central Jail;

(ii) Maximum Security Jails;

(iii) Medium Security Jails (District Jails);

(iv) Minimum Security Jails (Open Jail);

(v) Special Jails, and

(vi) Sub Jails.

Chapter IV

Organisational Structure

(ii) Delete

(iii) Deputy Superintendent shall be incharge of a Sub Jail, who shall be vested with the powers of Superintendent Jail and will be assisted by a Sub Assistant Superintendent Jail, Head Warder, Warders, a clerk and class IV staff as sanctioned by the State Government from time to time;

(ii) When it is proposed to apply for an increase to the permanent establishment of any jail proposition statement (P.F. 85) in triplicate should be submitted to the Government.

Chapter V

General Supervision

The Inspector General

Note 1. - Superintendent Jail is empowered to execute contracts for the supply of articles and grinding of wheat etc. (if no arrangements for grinding wheat exists in the jails) where the requirement does not exceed 6 weeks.

Note 2. - The Inspector-General is empowered to execute contract for the supply of articles for use in jails, grinding of wheat etc. and sale of articles manufactured in jails; sale of produce from fruit trees; surplus vegetables and fodder from the jail gardens; sale of surplus or unserviceable articles; viz. clothing, trees and implements and miscellaneous articles; lease of jail lands, jail shops and grazing sites and contracts for sawing of timber etc. for use in jail manufactory.

Note 3. - Rules for the supply of jail-made articles to the officials of the Punjab Jail Department and to Departments of Government are contained in appendices XVIII and XIX.

(a) public works;

(b) the supply of stationery and the like;

(c) the supply of medical stores;

(a) see all yards, wards, cells, worksheds, store rooms, kitchens and latrines, noting their state of repair, sanitary condition and efficiency, the extent to which the structural arrangements permit of the separation of the different classes of prisoner as required by the Prisons Act of 1894 and the rules made thereunder, and whether these arrangements are availed of to the fullest extent;

(b) examine the jail garden and note its condition as to its capabilities to supply vegetables and antiscorbutics in sufficient quantities to all the prisoners and whether it has been successfully cultivated or otherwise;

(c) note any defects in the water-supply and conservancy arrangements; see that the sick are carefully attended to, and that the food is of proper quality and quantity;

(d) see every prisoner then in confinement in the jail, noting any circumstances of importance requiring attention, such as the adaptation of tasks to physique and capabilities, the condition and sufficiency of the clothing, the employment of fetters, the working of the remission system, the award of punishments, and afford every prisoner a reasonable opportunity of making any application or complaint and investigate such as relate to jail discipline;

(e) inspect the warder establishment as to its proficiency, inspect the arms and accoutrements, and test the ability of the upper subordinates to drill the guard.

(f) satisfy himself that the arrangements for guarding both by day and night are satisfactory;

(g) satisfy himself that economy is practiced in the matter of all purchases.

(h) satisfy himself that all accounts and registers are maintained according to the rules in force; that proper arrangements are made for the safe custody of all records, and that due regard is paid to all requirements of the law and rules made thereunder.

(i) record his opinion of the manner in which the jail is administered, the extent to which officers appear familiar with their duties, together with any suggestions he may wish to make and any orders he may desire to issue to the Superintendents; and

(j) satisfy himself regarding the working of jail canteen, library and other welfare and reformative activities and recreational facilities for the prisoners and for the staff.

(a) under sentence of death; or

(b) under, or in lieu of, a sentence of imprisonment; or

(c) in default of payment of a fine; or

(d) in default of giving security for keeping the peace or for maintaining good behaviour to any other prison in the State.

(a) under the sentence of death, or

(b) under, or in lieu of, a sentence of imprisonment, or (g) in default of payment of a fine, or

(d) in default of giving security for keeping the peace or for maintaining good behaviour.

The District Magistrate

(a) The District Magistrate's order should ordinarily be issued in the form of an entry in the visitors' book or through an official communication. The District Magistrate is not required to interfere in matters of detail affecting the management of a jail. He should beware of action having a tendency to weaken the authority of the Superintendent over subordinate jail officers and prisoners.

(b) In matters of an emergent and important character, affecting the safety of the public, the jail or the prisoners, it is open to the District Magistrate to take all such measures as may be necessary in the special circumstances of the case, and all action taken should be promptly reported to higher authority.

(c) If the District Magistrate gives an order to which the Superintendent takes exception, the latter officer may represent the matter to the Inspector-General, but he shall forthwith obey any order which is not clearly inconsistent with the Prisons Act or any rule made thereunder and does not involve any immediate risk or danger. In the event of his hesitating to obey any order on any of these grounds, he shall, in case of urgency, obtain the Inspector-General's orders by telegraph.

(d) In cases which are not urgent, the Superintendent will refer, in the ordinary course, to the Inspector-General and will communicate that Officer's reply, without delay to the Magistrate.

(a) if such Jail is a Central or a Special Jail - either himself assume charge of such jail or place one of the Magistrates subordinate to him in charge thereof pending the filling up of the vacancy or the return to duty of the Superintendent, and shall report that he has done so, and the circumstances rendering such course necessary, without delay, to the Inspector-General;

(b) if such jail is a District Jail - make such arrangements as he may think fit for carrying on the duties, of the Superintendent, until the vacancy is filled up or the Superintendent returns to duty:

Chapter VI

Visitors

(i) officials,

(ii) non-officials, appointed by name.

(a) Commissioners of Divisions.

(b) District and Sessions Judges.

(c) District Magistrates.

(d) Sub-Divisional Magistrates.

(e) Deputy Inspector-General of Police.

(f) Superintendents of Police.

(g) Reclamation Officer, Punjab.

(h) Director of Industries, Punjab.

(i) Civil Surgeon of the District.

(j) Director, Social Welfare, Punjab.

Note. - (i) The non-official visitors will be such persons who are interested in social work and have a background of the same.

(ii) As far as possible non-official Visitors should be appointed from amongst the M.L.As., Ex.M.L.As. or other social workers of repute in the District in which the jail is situated.

(iii) The Government may appoint State level Non-Official Visitor in respect of all the jails in the State.

Note. - When the period of appointment of a non-official visitor is drawing of a close, the Deputy Commissioner of the District in which the jail is situated shall represent the fact to the Commissioner of the Division and at the same time submit the recommendation for filling the appointment for a further period of two years. The Commissioner will then send on his proposals direct to Government, submitting at the same time the necessary draft notification for publication in the Gazette.

(a) examine the cooked food;

(b) inspect the barracks, cells, wards, workshed and other buildings of the jail generally;

(c) ascertain whether considerations of health, cleanliness and security are attended to, whether proper management and discipline are maintained in every respect, and whether any prisoner is illegally detained, or is detained for an undue length of time, while awaiting trial;

(d) examine jail registers and records except secret records;

(e) direct, if deemed advisable, that any such representations or petitions be forwarded to Government.

Note 1. - The visitors should record their remarks in visitors' book (Register No. 6) after every visit. A copy of the remarks in both cases be forwarded to the Inspector-General who should pass such orders as he thinks necessary, and a copy of the 1 .G.s' order should be sent to the visitor concerned.

Note 2. - All visitors shall be afforded every facility for observing the state of the jail and the management thereof, and shall be allowed access under proper regulations to all parts of the jail and every prisoner confined therein.

Note. - A spare copy of the list of duties of the visitors will be kept at the main gate and handed over to a visitor on the occasion of his visit to the jail. Each non-official visitor will be supplied with a copy on his appointment.

(a) for the purpose of recognising old offenders, at the time of the Superintendent's weekly parade, and.

(b) for the purpose of conducting operations for the identification of prisoners during working hours on any week day.

Note. - For the purposes of clause (2), Jail officers should give every assistance by parading separately, if required, any prisoners whom the police may desire to inspect for purposes of identification.

Chapter VII

Jail Officers

The Superintendent

(a) provide for the support, care and custody of and control over, all prisoners at any time confined in the jail;

(b) maintain order and discipline amongst the prisoners confined, and the Subordinate officers employed, in the jail;

(c) control all expenditure relating to the jail;

(d) inquire into and adjudicate upon all alleged prison-offences and breaches of discipline, and to punish all those who are found guilty of having committed any such prison-offence or breach of discipline, in due course of law;

(e) generally to take all such measures as may be necessary or expedient for the proper protection and management of the jail and of all prisoners at any time confined therein and for the purpose of giving effect to and enforcing the provision of the Prisons Act, 1894, and all rules, regulations, orders and directions made or issued thereunder, as may be applicable thereto or to any prisoner confined therein or any officer thereof;

(f) provide suitable facilities for the recreation of inmates and members; of staff; and

(g) draw up a plan for the classification of prisoners, training, treatment programmes and correctional activities in his jail and implement State Policy pertaining to correctional administration.

Note. - The number of night visits paid should be shown on the reverse of quarterly Statement No. 1 (Form No. 17).

(b) The Superintendent shall personally ensure that the prescribed targets for the jail farm are fulfilled and agricultural training on modern and scientific lines is imparted to the inmates.

Note 1. - The checking of articles should be so arranged that the Superintendent checks one-half in one quarter which the Dy. Superintendent should check in the second quarter and vice-versa. In this way every article will be checked once in three months either by the Superintendent or the Deputy Superintendent. The certificate of the check shall be submitted to the Inspector-General in form No. 52 soon after the 1st January, and the 1st July, each year. The Superintendent on taking over charge, need not check the stores, but he should examine the books to see what articles have not been checked by his predecessor in the half year and should check these during the remaining period of the half year.

Note 2. - When shortages are found as a result of a check made in any of the stores, or as a result of an audit report by the Accountant-General, Punjab, the Superintendent shall take immediate action to fix responsibility for the shortages and submit his report with recommendations to Inspector- General for orders.

(a) that every prisoner is properly classified as provided in the rules in that behalf;

(b) that every prisoner is provided with proper clothing, bedding and utensils as provided in the rules in that behalf;

(c) that every prisoner is clean both in person and clothing;

(d) that the provisions of the remission rules are understood by the prisoners, and that each prisoner knows the extent of remission (if any) thereunder which he has earned; and

(e) generally that the rules and orders applicable to prisoners are being duly carried out.

Note 1. - On such parades, every prisoner shall neatly arrange his bedding, spare clothing, history ticket and utensils on the front end of his sleeping mat and sit or stand at attention at the other end, exposing the palms of his hands to the Superintendent's view.

Note 2. - The Deputy Superintendent and the concerned executive staff shall be present on such weekly inspection parade.

Note 1. - Distribution of duties amongst officers employed in the jail office should be so allotted as to enable to Superintendent to fix responsibility for errors in the jail records, with precision and without leaving any possibility of dispute. A copy of the distribution of executive and clerical work will be put up and maintained in conspicuous place in the jail office.

Note 2. - It shall also be the endeavour of the Superintendent Jail to apply the principle of rotation in the distribution of duties amongst officers employed in the office after such interval as he may think proper.

Note. - The orders of punishment shall be copied into prescribed register of punishment by a subordinate officer (Register No. 5)

(a) all serious breaches of jail discipline;

(b) every pase in which any prisoner escapes or attempts to escape or is recaptured or commits suicide or dies from or receives a serious injury;

(c) all outbreaks of epidemic disease, or disease which may be likely to assume an epidemic form, amongst the prisoners or officers of the jail, and the measures taken to prevent the spread thereof;

(d) all serious cases of overcrowding, and all such other matters as the Inspector-General may, from time to time in his discretion, by general or special order in that behalf, require to be so reported to him by the Superintendent.

(e) all deaths in jail custody together with immediate cause.

Note. - The Superintendent is required to keep a constant watch over jail receipts and expenditure; to promote all possible economy in every department and to carefully examine all demands and indents before sanctioning them or submitting them for sanction. He should frequently satisfy himself, by personal inspection, that the registers and books of account are regularly and duly written up; that daily entries are made in day books; that cash balances correspond with those entered in the books and that the latter are correct, and that outstandings are not allowed to remain unrealised longer than necessary. The Superintendent is liable for defalcations on the part of any member of the jail establishment which have been in any way facilitated or rendered possible by any neglect of duty or omission on his part to exercise effective supervision. The Punjab Financial Rules are to be observed in all matters of accounts in addition to the rules made under the Prisons Act and the orders of the Inspector-General.

(a) returns of statistical information;

(b) statements of account in respect of receipt, expenditure and property;

(c) bills, vouchers and other original documents;

(d) reports and other information;

(e) provided that the Superintendent of each Central and District Jail shall send personally a monthly report to the Inspector-General of Prisons giving his personal overall assessment of the working of the jail. The report should be based on weekly and monthly meetings.

(f) The Superintendent shall keep one hour from 11.30 A.M. to 12.30 P.M. for interview to the subordinate officials. During this time each individual official shall have free access to the Superintendent for redressal of personal grievances.

(i) A meeting of clerical and executive staff shall be held once a month in which difficulties of each individual is heard and remedial measures taken. Any suggestion/request for the improvement in office, as well as general working of the jail be encouraged.

(ii) A weekly meeting of Gazetted staff and Medical Officers shall be convened and suggestions regarding working of administration shall be discussed and policies formulated for efficient running of administration of the jail.

Note. - Record for all such meetings shall be kept and submitted to the Inspector-General of Prisons at the time of his visit to jail concerned.

(a) In the case of a Central Jail - through the Commissioner of the Division; and

(b) In the case of any other jail - through the District Magistrate.

Note. - The annual report should be written on half margin foolscap.

(a) a signal to notify the outbreak of fire;

(b) setting up of fire points with fire fighting equipment at different strategic places;

(c) a fire-brigade organised from the members of the staff, who should be put through a fire alarm parade once a month and so accustomed to the use of scaling ladders and the various duties they may be called on the perform in case of fire;

(d) a plentiful supply of water at all times and in convenient places;

(e) a supply of dry earth within each ward at night to extinguish any lamp that may burst or become a source of danger and the instruction to the convict officers as to what they should do in such cases;

(f) the key of any ward or compartment where prisoners are confined at night being readily distinguishable from other keys, so that prisoners in a burning building can be promptly removed.

(g) "Fire fighting exercise will be carried out under the supervision of the nearest Fire Officer".

The Deputy Superintendent

(a) himself see every prisoner for the time being confined in the jail;

(b) visit every barrack, ward, cell, compartment, and every other part of the jail and the premises thereof, including the hospital; and shall, save as provided in the rules, regulations, directions and orders for the time being in force in that behalf, always remain present within the jail or the premises thereof.

Note. - The Deputy Superintendent is permitted to be absent for meals at such times and for such periods as the Superintendent may specify, or when required to appear in a Court of Justice, or when leave of absence is granted by the Superintendent.

(a) be present every evening when the prisoners are locked up for the night and every morning when the prisoner are taken out of the sleeping wards, cells or other compartments.

(b) satisfy himself, both by night and morning, that all the prisoners are present and in safe custody.

(c) allot to each prisoner sentenced to undergo rigorous imprisonment a proper task and satisfy himself that every such prisoner, who is fit for labour, is daily put to proper labour and performs his allotted task and, for this purpose, to check the tasks allotted and visit the workshops frequently while the prisoners are engaged at work.

(d) be present at and superintend the daily weighing and serving out of rations and satisfy himself that the food-stuffs are properly cleaned and cooked.

(e) supervise the distribution of food and satisfy himself that each prisoner receives his proper quantities at the prescribed times, and to

(f) forthwith report every unusual occurrence of a serious nature, to the Superintendent.

(a) examine or cause to the examined the warrant or order under which such prisoner is committed to the the jail and satisfy himself that it is in all respects complete, in order and valid;

(b) remove, or cause to be removed, from such prisoner all money or other articles found on him, including (if such prisoner is not, by law, entitled to retain it) his wearing apparel and (in such case) shall provide him with a complete jail out-fit;

(c) take measures to preserve and protect all property taken from or belonging to, the prisoner which may come into his hands; and

(d) shall satisfy himself that the provisions of Chapter IV of the Act, and these rules, as to the admission of prisoners, are duly complied with.

(a) to cause all lawful warrants and orders of commitment to be duly obeyed and carried into effect;

(b) on the admission of every prisoner, to cause his name to be duly entered in the register of releases under the date on which such prisoner is, in due course of law, entitled to be released;

(c) to give effect to all remissions of sentence lawfully earned or granted, and from time to time, to review and cause to enter the correct date of release in the register of releases;

(d) to take all measures that may be necessary or expedient in order that no prisoner shall be released before he is legally entitled to be so released or detained in confinement after the date on which he is so entitled to be released.

(a) such officers as are subject to discipline in the nature of military discipline, are acquainted with drill and the use of their arms;

(b) all officers in respect of the office held by them and for whom uniforms are prescribed, wear such uniforms in the prescribed manner at all times when such uniform is required to be worn;

(c) the prescribed roster of attendance and duties is carried into effect;

(d) when on duty, all officers are neat and clean in appearance, properly dressed and accoutered; and that

(e) every instance in which any subordinate officer is guilty of any dereliction of duty, breach of discipline or other misconduct, which comes to his knowledge, is entered in his journal and brought to the notice of the Superintendent.

(a) carefully inspect every prisoner;

(b) examine the clothing, bedding and utensils etc., of every prisoner;

(c) check the muster roll and satisfy himself that every prisoner is present or accounted for;

Note. - Stock should be taken of the articles in the "Issue" godowns once a month.

Note 1. - The checking of articles should be so arranged that the Superintendent checks one-half in the quarter which the Deputy Superintendent should check in the second quarter and vice versa. In this way every article will be checked once in three months either by the Superintendent or the Deputy Superintendent. The certificate of the check shall be submitted to the Inspector-General in form No. 52 soon after the 1st January and the 1st July each year.

Note 2. - In the Jails in which there is a Deputy Superintendent (F) the duties of the Deputy Superintendent, in so far as they relate to the Manufactory Department, devolve on that officer.

Note 3. - When shortages are found as a result of check made in any of the stores, or as a result of an audit report by the Accountant-General, Punjab or by any officer from head office, the Superintendent shall take immediate action to fix responsibility for the shortages among the officials concerned. He shall conduct the necessary enquiry and submit his report within six weeks of the receipt of the audit or inspection report or the shortage coming to his notice with a recommendation to Inspector-General for orders.

(a) the time the wards were opened;

(b) the members of the staff (if any) who were absent;

(c) the time prisoners began work;

(d) the time work was stopped in the forenoon and when it was recommenced;

(e) the time work was stopped for the day; and

(f) the time the lock-up was completed;

(g) that the gratings and locks of the jail were got tested and found intact.

(a) that the scales, weights and measures in use in the jail, for the issue and distribution of provisions, stores and raw material, are accurate and in good order and shall, before taking delivery, weigh, measure or count all stores supplied to the jail, or cause such to be done under his personal supervision; and

(b) for the state of the jail store-rooms and their inaccessibility to convicts and others not authorized to enter them.

Note 1. - Cash/Cash book shall ordinarily be handled by the office Superintendent/Head Clerk for the maintenance section and Accountant for the Factory section. Official handling the cash will be given cash allowance as per the Government instructions in that behalf.

Note 2. - The Deputy Superintendent should report monthly in his journal on the state of the registers in charge of each of his subordinates.

Note 1. - This order may be suspended in the case of a Deputy Superintendent who takes earned leave for not more than six weeks, but in that case the Deputy Superintendent who takes leave shall be primarily responsible for the stores, etc., during his absence, and the burden of proving the responsibility of his locum lenens for any loss shall lie with him.

Note 2. - All the subordinate officials in whose custody the inventory articles are kept shall be responsible for making over the charge by them of the respective articles in their stores and wards. They will render complete account of all the inventory articles and other stores under their charge, and shall be responsible for any loss or damage attributable to their negligence.

Deputy Superintendent Factory

Note. - Assistant Superintendent Factory shall perform all the duties of Deputy Superintendent Factory in a jail where Deputy Superintendent is not posted and Assistant Superintendent is put incharge of the factory.

Note. - The Deputy Superintendent Factory is required to keep a constant watch on the receipts and expenditure of the manufactory department and all property of whatever kind relating thereto. He is liable for defalcations on the part of every officer serving under his orders which have been in any way facilitated or rendered possible by any neglect of duty or omission on his part to exercise effective supervision.

Note. - Quarter shall be provided for the Deputy Superintendent Factory at the jail, in which he shall reside. He shall not absent himself from his duties without the permission of Superintendent unless he is sick, in which case he shall furnish a certificate of sickness from the Medical Officer. He may absent himself for meals and other purposes at such hours and for such periods as the Superintendent may fix.

The Senior Assistant Superintendent

Note. - For further particulars as to the duties of Senior Assistant Superintendent, the rules applicable to Deputy Superintendent and particularly paragraph 92, should be referred to.

Assistant Superintendent and Welfare Officer

Note. - The duties of Assistant Superintendent and Welfare Officer, shall be changed from time to time so as to afford them every opportunity of becoming acquainted with all the details.

Sub-Assistant Superintendent

(ii) A thorough knowledge of laws, rules, directions and orders regulating the management of jails and prisoners, efficiency in drill and ability to drill the guard, the possession of qualities which enable the officers to command respect and maintain authority and of good conduct, shall be the qualifications for a Sub-Assistant Superintendent.

(ii) He shall perform all the duties and will be subject to all the responsibility as in case of an Assistant Superintendent for the duties, assigned by the Superintendent/Deputy Superintendent Jail.

The Medical Officer

(b) The Medical Officer shall accompany the Superintendent on weekly parade of the prisoners and shall carry out or cause to be carried out all instructions given by the Superintendent in respect of his functions.

Note. - When the population exceeds 500, Additional Medical staff may be provided.

(1)(i) at the time of the admission of every prisoner to the jail in the admission register and history-ticket of such prisoner;

(a) the state of the prisoner's health;

(b) the prisoner's age and weight;

(c) if sentenced to labour, the class of labour (if any) for which the prisoner is, in the opinion of the Medical officer, fit; and

(d) any other observations which the inspection of the prisoner may disclose and which should, in the opinion of the Medical Officer, be made;

(ii) at the time of the discharge of every prisoner from the jail, enter in the admission register, the state of health and the weight of the convict so discharged.

(2) The Medical Officer shall satisfy himself that the private clothing of a newly admitted prisoner is cleaned, and, if necessary disinfected before removal to the godown.

(3) If the Medical Officer has reason to believe that any female prisoner is pregnant, he shall report the circumstances to the Superintendent.

(4) When a prisoner with injury on his body is admitted into a prison from police custody, his medical examination shall be conducted in the manner prescribed in sub-para (I) of Para 396.

(a) are protected against small-pox, in the sense either of showing unmistakable signs of having suffered from the disease, or of bearing clear and well defined marks of previous vaccination, or

(b) whether "protected" or not are to undergo sentences which will detain them in jail for a period not exceeding one month.

(1) the day on which deceased first complained of illness or was observed to be ill;

(2) the labour, if any, on which he was engaged on that day;

(3) the scale of his diet on that day;

(4) the day on which he was admitted to hospital;

(5) the day on which the Medical Officer was first informed of the illness;

(6) the nature of the disease;

(7) when the deceased was last seen before his death by the Medical Officer or Additional Medical Officer;

(8) when the prisoner died; and

(9) (in cases where a post-mortem examination is made) an account of the appearances after death, together with any special remarks that appear to the Medical Officer to be required. [Section 15 Act IX of 1894]

Note. - The necessary record shall be made in Medical Officer's journal.

(a) submit for the sanction of the Inspector-General, a yearly indent (M.S.D. 134, 135) for medicines and medical stores;

(b) keep or cause to be kept a proper account of medicines, instruments and appliances;

(c) satisfy himself that poisons are kept separate from other medicines, properly labelled and under lock and key;

(d) from time to time examine the medicines in store to assure himself that they are in a fit condition for use;

(e) regularly check the account of locally purchased medicines;

(f) be responsible to ensure that all allopathic medicines, instruments, all locally purchased medicines and medical stores charged in the jail accounts are faithfully and solely used in the service of the jail; and

(g) submit a report to the Inspector-General every year in January on the medical and sanitary administration of the jail;

The Additional Medical Officer

Note. - The Medical Officer or the Additional Medical Officer on duty should visit the hospital frequently at night when any prisoner is seriously ill and he must be prepared at all times to attend when his services are called for.

(1) to be present at the opening of the wards, attend to prisoners who complain of sickness and, if necessary, send them to hospital for treatment having distributed the necessary medicines to out-door patients, to visit the hospital, do whatever is needful there, and note the condition, progress and temperature, when necessary, of each case on the bed-head tickets;

(2) to visit the "convalescent" gang and any prisoners kept under observation, every morning; distribute such medicines as may be necessary; satisfy himself that the prisoners get the food, clothing, bedding and rest ordered for them, and that no prisoner is removed from the ' ' convalescent' ' gang without the authority of the Medical Officer;

(3) to keep all poisons under lock and key and retain the key in this possession, be responsible that such poisons are properly labelled and kept separate from other drugs and not allow any convict attendant to handle any poison or vessel containing poison.

(4) to make the necessary indents for all hospital supplies, to be taken from jail stores;

(5) to keep all the hospital registers written up to date, be responsible for their safety, and prepare and submit to the Medical Officer at the proper times, all monthly and other returns;

(6) to keep or cause to be kept the surgical instruments and appliances in good order and clothing and bedding marked in the prescribed manner;

(7) to keep a vigilant watch on any prisoner suspected of malingering, or whose soundness of mind is a matter of doubt, and report the result of his observations to the Medical Officers; and

(8) to arrange that all cases of bowel-complaint are, as far as circumstances permit, treated in a separate ward; the evacuations of such patients are, when necessary, kept for the inspection of the Medical Officer and are subsequently properly disinfected and disposed of, to accompany the Medical Officer when the latter visits the jail, and give effect at once to any order given by him relating to the health of the prisoners or the sanitation of the jail.

(a) daily inspect the godowns, kitchens and all vessels for cooking or distributing food and see that they are all clean;

(b) daily inspect the food by actually tasting and see that it is of good quality, properly prepared and cooked, and in the prescribed quantity both in the raw and cooked condition; keep samples of anything he considers to be unwholesome for the inspection of the Medical Officer; see that the milk is properly boiled before issue, and inspect the food supplied to civil and unconvicted criminal prisoners by their friends; and

(c) be responsible that the proper quantities of oil, salt and antiscorbutics have been added and thoroughly mixed, and bring to the notice of the Medical Officer any prisoner who constantly leaves a portion of his food uneaten.

(a) examine periodically the wells or other sources of water-supply and bring to notice any defect in quantity or quality, to examine daily all vessels in which drink-ing water is stored or conveyed, and see that they are kept clean, and

(b) inspect daily all latrines and urinals, see that they are kept clean.

(a) overcrowding.

(b) unseasonable or worn-out clothing.

(c) neglect of personal cleanliness.

(d) undue exposure to the weather.

(e) unpunctuality of meals.

(f) neglect to air, dry or clean clothing and bedding, and

(g) unsuitable tasks.

The Pharmacist

(i) for the safe custody of medicines and equipment, bedding and clothing of the hospital and for the proper supply of these articles to the patients in hospital according to the instructions of the Medical Officer and the Additional Medical Officer;

(ii) for the correct and proper dispensing of medicines and ensuring that almirahs are securely locked;

(iii) for keeping the dispensary clean and tidy;

(iv) for helping the Medical Officer and Additional Medical Officer in maintaining the records; and the weight of prisoners.

(v) for maintaining temperature charts of prisoners admitted into the hospital.

Rules, etc., Applicable to Officers Generally

(a) All officers

I. The Punjab Prisons Service (Class-I)

II. The Punjab Prison Service (Class-11)

III. The Punjab Jail Department State Service (Class-Ill - Executive)

IV. The Punjab Jail Department Clerical and Technical Service (State Service Class-Ill)'

Note. - It is important that every complaint made by a prisoner should be heard with attention, in order that, if well founded, the grievance complained of may be redressed or remedied, and that in no case should any just cause for discontent be allowed to remain.

Note. - It is lawful to use all means necessary to effect an arrest (Section 45, Criminal Procedure Code), and a prisoner has no right of private defence against prison officers acting in the discharge of their duty (section 98, Indian Penal Code), and every officer may use all force necessary to resist any force used by prisoners against lawful authority.

(a) take all lawful measures which may be possible to prevent the commission of any prison-offence;

(b) enforce the provisions of the Prisons Act, 1894, and all rules, regulations, directions and orders for the time being in force in, or in any way applicable to, the jail, in regard to the conduct and discipline of the prisoners and the administration of the jail; and

(c) at the earliest opportunity to report to superior authority every breach or attempted breach or design to commit breach of any provision of any law, rule, regulation, direction or order for the time being in force, or in any way applicable to the jail or any prisoner confined therein.

(a) with whom he is any way related or connected; or

(b) with whom he has or has had any pecuniary dealing or close acquaintanceship of any kind.

Note. - Only persons of good conduct and respectable character are to be employed as jail officers.

(a) engage in any trade, business or employment other than his duties as such subordinate officer; or

(b) lend money to, borrow money from, enter into any pecuniary transaction with, or incur any obligation in favour of any other subordinate officer or any prisoner.

(a) correspond or hold any intercourse or communication of any kind whatever with any relative or friend of any prisoner;

(b) hold any unauthorized communication of any kind whatsoever with any prisoner;

(c) correspond or hold any intercourse whatever with any discharged prisoner; or

(d) permit any discharged prisoner or any relative or friend of any such prisoner to visit or remain at his quarters.

(a) hold any unnecessary conversation with any prisoner;

(b) treat any prisoner with familiarity; or

(c) discuss any matter relating to the discipline or regulations of the jail with or within the hearing of any prisoner.

Note. - All wrangling or disputes between jail officers and servants is prohibited. Any disagreements between subordinate officers, as to any matters connected with their duties, must be at once referred to the Deputy Superintendent.

(a) take any key belonging to a lock in use, for securing the custody of any prisoner, out of the jail,

(b) leave any such key lying about,

(c) deliver any such key to any person other than to an officer of the jail duly authorised to receive such key or to have the care or custody thereof; or

(d) leave his post or duty or the jail without delivering such key to the officer duly authorised to receive the same from him.

Note 1. - If any key is lost or mislaid, the lock or locks to which it belongs shall at once be put out of use, and the officer responsible for the loss shall be liable to replace both lock and key at his own expense. Keys should ordinarily be slung on a chain which should be secured to the waist- belt.

Note 2. - When any key has become worn or unserviceable the duplicate key shall be issued by the Deputy Superintendent in whose custody all duplicate keys or locks shall be retained. The original key shall be destroyed in the presence of Superintendent who shall give a note to that effect in his journal.

Note. - This rule merely adds to section 54 of the Act particulars showing whose permission is necessary and to whom notice must be given in regard to the matters dealt with therein.

(a) be in a state of intoxication;

(b) sleep while on duty;

(c) enter or permit any person to enter, any enclosure, yard, ward, cell, compartment or other part of a jail reserved for or allotted to the use of or for occupation by any female, otherwise than at the times and in the manner prescribed in that behalf by proper authority.

(d) commit, or permit or abet the commission of, any irregularity in the supply or distribution of food, clothes or other articles to, or amongst, any prisoners;

(e) display cowardice while in the discharge of any duty of his office;

(f) be guilty of any act of insubordinate, disobedience or breach of duty; or

(g) malinger or render himself unable or unfit to discharge his duties or any of them.

(b) Punishments

(c) Miscellaneous Matters

Note. - The entries on the opening page of service book should be attested atleast once in five years, the signatures of the officers and of the head of the office or other attesting officer taken on that page, should be dated.

The Female Head Warders and Female Warders

Note 1. - In the Ludhiana Female Jail permanent female Superintendent and female staff from female warders shall be maintained.

Note 2. - In this section the terms female warder includes the female head warder where one is appointed.

Note. - The Medical Officer when a male may, in pursuance of his duty, enter any ward, cell, compartment or place in the jail occupied by any female prisoner and remain therein while accompanied by the female head warder or female warder.

(1) receive all female prisoners committed to the jail upon their admission thereto and take every such prisoner before the Superintendent at the earliest opportunity;

(2) remove from such prisoner all money or other articles found on her, including (if such prisoner is not, by law, entitled to retain it) her wearing apparel and (in such cases) shall provide her with a complete jail out-fit; and

(3) entrust all money and other articles so removed from such female prisoners, to the custody of concerned official.

(a) daily escort all female prisoners to their work, make over to such female prisoners as are liable to undergo labour, their allotted tasks and escort all female prisoners back to their wards, cells or other compartments when the period prescribed for labour is over;

(b) bring to the notice of the Superintendent every default on the part of any female prisoner to complete allotted task;

(c) enter, or cause to be entered daily, in the labour register, the task assigned to, and the work actually performed by, each female prisoner; and

(d) visit the female prisoners at their work at intervals of not more than one hour during the hours of labour on each day, and satisfy herself that every such prisoner is performing the task allotted to her diligently and according to the orders in force.

(a) each evening, before the time fixed for locking up the prisoners for the night, search every female prisoner and her clothing and bedding and every ward, cell and other compartment allotted to female prisoners;

(b) count the female prisoners and lock them up in their respective wards, cells and other compartments and report to the Deputy Superintendent that she has done so and record the fact, with the number of prisoners confined in each ward, cell or other compartment, in a register to be kept for the purpose under the orders of the Superintendent; and

(c) after having complied with the requirements of clauses (a) and (b), deliver the keys of the several wards, cells and other compartments to the Deputy Superintendent and record in a register to be kept for this purpose that she had done so.

(i) to call the attention of the Medical Officer to any female prisoner who complains of being, or appears to be ill;

(ii) to satisfy herself that every female prisoner who is sick receives the special diet (if any) at any time prescribed for her by the Medical Officer; and

(iii) that all female prisoners at any time in any special or convalescent gang, are duly supplied with any special or extra diet ordered for them, or any of them by the Medical Officer.

Warders/head Warders

(a) - Circle of Employment

Note. - Temporary warders should not be entered on the list and warders officiating as Head Warders should be shown the grade to which they permanently belong.

(a) The slips of men who have resigned, died or absconded shall be removed and the men below them moved up subject to clause (d).

(b) Men who have been dismissed and whose appeals have been rejected by the Inspector-General, or who have allowed the period of appeal to pass by without appealing, shall be removed and the men below them moved up subject to clause (d)

(c) A Head Warder reduced from a higher to a lower grade shall be given the sixth place in the grade to which he has been reduced.

(d) No warder who is illiterate or who does not possess educational qualifications prescribed from time to time shall be permanently or even temporarily promoted to Head Warder.

Note. - A literate warder shall mean any warder who has passed middle standard examination with Gurmukhi as medium of instruction.

Note. - A copy of the list in Punjabi should be exhibited in the jail main gate.

Note. - Single warders barracks shall be provided with electric light and fans at the expense of the State.

(a) Special excellence in drill.

(b) Specially good work in garden, factory or elsewhere.

(c) Rendering prompt first aid in case of accidents.

(d) Exemplary service over a long period.

(e) Furnishing valuable information.

(a) Bravery in preventing an escape or disturbance, etc.

(b) Special skill or energy in recapturing a runaway where the escape was not due to the negligence of the warder or head warder whom it is proposed to reward.

(c) Securing the highest number of marks in the annual firing competition

(d) Rendering valuable assistance to the officers of the jail in its management.

(e) Furnishing a clue which leads to the discovery of stolen Government property, or giving information regarding plots for escape or for mutiny, etc.

(f) Exceptional fidelity or courage.

(g) Special care of uniform, arms and equipment.

(h) Gardening.

(i) Other miscellaneous service.

(b) Additional Establishment of Warders

Note. - If such temporary warders are desirous of continuing in the jail service, have given satisfaction and possess the necessary qualification, they should be brought in the permanent establishment of warders as and when the occasion" arises.

(c) Head Warders

(a) superintend the warders subordinate to him in the-discharge of their duties;

(b) assist in every possible way in the management of the jail, the prevention of escapes and the maintenance of order and discipline generally amongst subordinate officers and prisoners;

(c) comply with the requirements of all laws, rules, regulations, directions and orders for the time being in force as to the duties which he is to perform and the manner in which he is to perform them;

(d) obey the orders of all officers superior to him in rank;

(e) assist the Deputy Superintendent in all routine duties;

(f) open in the presence of the Deputy/Assistant Superintendent, the sleeping wards, cells and other compartments each morning and count the prisoners;

(g) distribute the prisoners, who are liable to labour each morning to their respective work-gangs;

(h) cause the name and prison-number of every prisoner placed in charge of any warder to be entered in the proper gang-book;

(i) issue all necessary tools, implements, raw material and other articles required for the day's work and to make a record of all articles so issued;

(j) collect all such articles, together with the produce, if any, of the prisoners' labour, after the period prescribed for work is over each evening;

(k) satisfy himself that all articles issued have been duly returned to him or accounted for;

(l) measure or check the task (if any) performed by each prisoner and note the same in the labour register;

(m) superintend the use of the latrines and all bathing and feeding parades;

(n) check the prisoners at each change of guard;

(o) cause all gratings, doors and the like to be secured and satisfy himself from time to time that they are secure;

(p) cause all bamboos, scantlings, poles, ladders, ropes, well gear and other articles likely to be used for, or to facilitate the escape of any prisoner to be removed and placed beyond the reach of the prisoners in the places prescribed for storing or keeping the same;

(q) keep constantly moving about while on day duty, amongst the prisoners, supervising the work and discipline of the jail and keeping the warders and convict officers on the alert;

(r) in the presence of the Deputy Superintendent to count, search and lock the prisoners up in their respective wards, cells and other compartments, at the prescribed time each evening; and

(s) give the warders half-an-hour's drill daily.

(a) give each warder (except those who are exempt) half an hour's drill daily, and report every such warder who absents himself;

(b) give effect to any punishment drill ordered by the Superintendent;

(c) inspect daily all arms and accoutrements and see that they are kept clean and fit for immediate use;

(d) take charge of the armoury, ammunition and spare accoutrements, keep the key of the armoury in his possession, see that the ammunition is kept dry and in good order, that ten rounds of buckshot ammunition for each rifle are always kept ready for use;

(e) satisfy himself that each sentry knows and understands the orders for his post; and

(f) keep an account of ammunition in stock received and expended.

(a) if the arms and ammunition are ready for use in case of emergency;

(b) any other matter of importance that has come to his knowledge.

(d) Gate-Keepers.

(a) a register of all prisoners with the names of the officers in charge of them; and

(b) a register of all other persons.

Note. - The name of the officer in whose charge authorised articles are passed in, or out, with the hour and minute of their passage should be recorded. All entries of persons or articles should be made at the time of their passage and in consecutive order.

(1) On passing prisoners out, the gate-keeper shall first let them through the inner wicket and having locked it, shall write in full in the register provided for the purpose, the names of all the prisoners, the head warder/warder in charge, and the warder assisting them. He shall then open the wicket in the outer gate and count the prisoners as they pass out, to verify the total.

(2) The list of the gang having once been made in the gate register need not be written on each occasion of its passage through the main gate, but every change in the gang must be noted and attested by the signature or seal of the warder in charge, as well as by that of the gate-keeper, who shall at once report to the Deputy Superintendent the circumstances.

(3) On a gang returning to the entrance from outside, the gate- keeper shall open the outer wicket (the inner one being locked first) and admit the gang to the passage between the gates. He shall then lock the Outer wicket and call out the name of each prisoner and warder as recorded in the register. The gang having been found correct, he shall open the inner wicket and count the prisoners as they pass into the jail, to verify the total number.

(4) The gate-keeper shall not allow any prisoner to be taken out of the jail who is not in charge of a guard of the proper strength duly authorized to take him outside.

a clock,

a weighing machine,

a measuring staff,

spare fetters and handcuffs, secured on a bar with lock and key.

a standing desk with lock and key, for the gate-keeper's books and writing materials.

a wall-almirah or box fro keys,

the Deputy Superintendent's cash chest,

a box for torches and oil,

apparatus for extinguishing fire, and notice boards.

(e) - Warders

(a) render all assistance in his power in the management of the jail, the maintenance of order and discipline amongst both officers and prisoners and the guarding and defending of the jail and all persons and property kept therein or belonging thereto against the use of criminal force by any person;

(b) obey the orders of all officers superior to him in rank;

(c) comply with the requirements of all laws, rules, regulations, directions, and orders for the time being in force regulating the duties which he is to perform and the manner in which he is to perform them;

(d) take proper care of all property of whatever kind at any time entrusted to him and duly to account for the same whenever called upon so to do; and

(e) be in a state of readiness to turn out fully accoutred and armed immediately, whenever called on to do so or an alarm is given, and to do all lawful acts and things necessary or expedient for the purpose of maintaining order, quelling any disturbance, preventing any combined attempt to escape or to break out of jail, defending the jail and all property therein or thereto pertaining, from attacks from with within or without the jail.

(a) not to take off any portion of his uniform or lie or sit down whilst on duty;

(b) to know the number of prisoners in his charge, to count them frequently during his turn of duty and to satisfy himself that he has in his custody, not alone the correct number, but the particular prisoners for whom he is responsible;

(c) to search all prisoners he receives in his charge or makes over to the charge of any other officer, at the time of receiving and making over charge respectively;

(d) to report every prisoner in his charge who has been idle or who has not completed his task or who has committed any other jail offence;

(e) to see that any prisoner who has to go to the latrine at unauthorised times is made over to the charge of a responsible officer whilst away from the gang;

(f) to bring to the notice of the Deputy Superintendent any prisoner appearing to be ill or complaining of sickness;

(g) to report any plots for the purpose of escaping or of assault or outbreak or of obtaining forbidden articles;

(h) to prepare prisoners for muster and parades and to see that each prisoner comes to his proper place in proper order and behaves well;

(i) to follow the procedure laid down for his guidance when any prisoner is missing; and

(j) to keep his arms and accoutrements clean, in good order and fit for immediate use.

(a) to mount guard with fixed bayonet; move briskly on his post with his rifle at "the slope", and not to order arms nor "stand at ease" for more than two minutes at one time;

(b) not to enter into conversation with any one except when questioned by a superior officer;

(c) not to interfere unnecessarily with any prisoner or jail officer;

(d) not to leave his post without regular relief upon any pretence whatever,

(e) not to allow any person to approach near his post after dark, without challenging;

(f) challenging after dark, to warn the person challenged, if the reply is unsatisfactory, to stand until the officer in charge of the picket arrives, bringing his rifle at the same time to "the charge";

(g) challenging on a dark night, on hearing voices or the approach of footsteps, if he receives no answer, or an unsatisfactory answer, to call the officer in charge of the picket, or, if necessary, give the alarm;

(h) when on duty at night satisfy himself that the main gates and wickets are securely locked;

(i) not to allow persons to crowd around him;

(j) if he sees a prisoner attempting to escape, to call on him to stand, and if he refuses to do so and there is no superior officer present, to fire on the prisoner, provided he cannot otherwise prevent the escape;

(k) if he is beyond call and has to alarm the guard to fire a shot in the air as the signal of alarm;

(l) if he sees any article in or near the jail likely to facilitate escape, or if any unusual incident comes under his observation, to at once report the matter to the officer in charge of the picket;

(m) when on duty at the main gate at night, not to allow any person to enter or leave the jail who is not an official duly authorised to enter or leave, and not to permit any warder to enter or leave except when accompanied by the patrolling officer on duty, or one of the superior officials;

(n) when on duty at night not to challenge so loudly as to be heard by the patrolling officer or warders on duty inside the jail, and not to give notice to these officers of the approach of any visitor, when no head warder is in charge of the gate at night;

(o) to retain in his possession at night the key of the lock of the outer wicket and the key of one of the locks of the inner wicket; and

(p) to enforce his orders firmly and without distinction of persons.

Chapter VIII

Security Deposits

(a) every public accountant shall give security for the due discharge of the trusts of his office;

(b) the security shall be such as shall be required by the authority by which such public accountant is appointed to his office;

(c) a public accountant means any person who is entrusted with the receipt, custody or control of any moneys, or securities for money; and

(d) any public accountant and his sureties may be proceeded against for any loss or defalcation in his accounts.

Note 1. - Government promissory notes will be accepted at their market value at the time of deposit.

Note 2. - The solvency of the surety should be verified after every third year and in case the surety is not found solvent or alive the concerned employee shall be required to furnish a fresh security bond.

Note. - No stamp is necessary.

Chapter IX

Uniforms Accoutrements, Ordnance Supplies and Military Training

Note 1. - Service Revolver is the part of the Uniform of Executive staff upto the rank of I.G. Prisons. It should not be taken by them beyond the deory of the prison.

Note 2. - Barret shall be worn by non-Sikh warders and khaki muslin cloth by Sikh warders.

(a) Three chevrons on right sleeve above elbow.

(b) Waist belt to have the words embossed on the clasp.

Note 1. - Cheverons shall consist of black braid on red ground.

Note 2. - The period passed by an officer on earned leave or any kind of leave in excess of one month should not be calculated in estimating the period due for a new issue of uniform.

Note 1. - Warders deputed for 3 months' training shall be issued the following additional items of uniform :

Note 2. - Every jail shall when necessary be supplied yearly with complete units of uniform (Except shoes) for the use of temporary warders, according to season and requirements. Shoes shall, however, be provided for the use of those temporary warders whose appointment is likely to last for a year or more. Articles not in use shall be kept in the custody of the Deputy Superintendent/Line Officer. Time-expired or unserviceable articles of such uniforms shall not become the property of such warders. No temporary warder shall be allowed to enter a jail unless he is properly dressed in such uniform.

Note. - For marking cotton articles dhobi's hut with steel dye should be used; and for woollen articles white paint should be used with wooden dye.

Note. - All articles of uniform issued, are to be submitted for inspection.

Note 1. - The unused value of any article is that part of its total cost which corresponds with the time it is still to last, as compared with the period for which it was issued. In the calculation, less than 15 days shall not be counted and more than 15 days shall count as a full month.

Note 2. - In the case of a woollen uniform, the calculation shall be made on the number of cold weather months' wear the article is supposed to give, and the number of cold weather months remaining, till a new issue of the article becomes due, the cold weather counting from the 15th October to the 15th April.

Note 3. - When an article of uniform issued to an officer has been unused at the time of his discharge or death it may be taken back.

Note 4. - When the pay due to, and the security deposit, to the credit of an officer, do not cover the estimated unused value of his uniform, all used articles of uniform in his possession shall be auctioned publicly and the proceeds added to the balance of pay and security Should the total sum so obtained be in excess of the sum recoverable, the balance shall be made over to the officer or his heirs as the case may be, but should the sum be less, the jail shall bear the loss.

Note. - The period passed by an officer on casual leave, and earned leave or any kind of leave in excess of one month should not be calculated in estimating the period due for a new issue of uniform.

(b) A brush or broom should be kept in armoury for cleaning it out on each occasion it is opened for the receipt, delivery or inspection of the stores.

(c) No unauthorised person should at any time be admitted into the armoury.

(d) The official directly in charge of the armoury should take care that it is clean and securely locked.

(e) The armoury should not be opened during, or on the approach of, a storm except in the cases of extreme emergency mentioned in paragraphs 363 to 367.

(f) Smoking should not be allowed inside the armoury.

(g) Boxes containing ammunition or arms should not be thrown down or dragged along the floor.

(h) Empty boxes or loose packing materials should not be kept in the armoury.

Note 1. - Ball and blank cartridges should be used for practice and buckshot for service only.

Note 2. - Ball and blank ammunition (in metal cases) will only be issued by the Ordnance Department in exchange for an equivalent number of empty fired cases of the same description.

Note 3. - Empty paper, blank cartridge cases should not be returned into Ordnance Store, but should be destroyed by burning.

Note 4. - For rules regarding the issue and custody of small arms ammunition and return of empty fired cases, etc., see appendix No. XVII.

Note. - A list showing the number and name of each officer, the number of his firearm and the Various arms and accoutrements for which he is responsible, shall be pasted up in the interior of every armoury.

For Deputy Superintendent, Senior Assistant and Assistant Superintendents and Head Warders.

Chapter x

The Safe Custody of Prisoners

The Guarding of Prisoners

(a) 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.

(b) The Deputy Superintendent and the Assistant Superintendent together with the warders who are to go on duty in the morning, shall enter the jail together.

(c) The wards shall be opened and the prisoners counted out by head 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 and Assistant Superintendents or head warder shall verify the number counted out of each ward by comparison with the entry in the lock-up register. A head warder incharge main wall patrolling shall take charge during the first turn of duty and post them round the main walls.

(d) On the completion of the parades, the prisoners shall be distributed into their respective gangs, and a responsible 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 walls,-but within the jail precincts shall not, without the sanction of the Inspector-General, exceed 12 prisoners, there shall be atleast one head warder incharge assisted by another warder for every such gang. In the case of prisoners working inside jail walls, each gang may contain as many as can be conveniently and effectively supervised. Prisoners shall not be employed beyond the jail precincts without the special sanction of the Inspector-General in writing.

(e) 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 the jail by the head warders taking the second turn of day duty. They shall remain incharge until the prisoners are locked up and the night guard posted.

(f) When the head warder/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.

(g) On the cessation of work in the evening, the gangs shall be collected and the prisoners in each gang counted and verified.

(h) Every head warder/warder incharge 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 whatever. He shall be personally responsible for their safe custody throughout the whole period of his duty. Warders assisting head warder/senior 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 incharge head warder/senior 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 incharge 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 other warder. Only warders of experience should be placed in-charge of outside gangs.

(b) No warder or head warder shall be on whole day duty except the gardener and head warder incharge 'Chakker'. All warders other than the gardener and head warder incharge 'Chakker' shall be required to serve on night duty.

(b) The barracks shall be visited once in every half an hour throughout the night by a patrolling officer who should examine the locks, gratings and doors and satisfy himself that they are secure and that the night watchman on duty inside is alert. He should frequently challenge him with this object and enquire the number of prisoners and if all are present.

(c) The main wall and other important places should be provided with electric light which should remain list during the entire night. In addition to this alternate arrangement such as generator/electronic invertor light be made to provide sufficient instant light in case of failure of electricity.

(d) Watch towers should be equipped with search/flood lights. These watch towers shall be manned by trained and experienced warders equipped with suitable weapons prescribed by Superintendent Jail in consultation with Inspector General of Prisons The duties of these warders should be frequently changed, they should be told about the place of their duty at the time of reporting for duty.

Note. - A special warder will be employed for awakening the various night guards for their turns of duty.

Note. - In the District Jails the Chief Head Warder 'Chakker' may also be required to visit the Jail at night.

Police Guards

Alarm Parade, Escapes and Outbreaks

(a) The main gate sentry of every jail shall be provided with a bell, gong or drum with which to raise the alarm, he shall also be provided with 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 gong or other 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 Jail shall despatch a messenger to convey brief information of what has happened to the Superintendent.

(b) The Officer who first notices the incident, whatever it may be, shall blow his whistle continuously, and all warders on hearing it shall repeat the whistle till the continuous sounding of the alarm gong or bell at the jail gate shows that the information has reached there. A sentry on hearing a whistle or a bell or gong sounding the alarm in any part of the jail or its neighbourhood, shall repeat the alarm till the whole establishment is thoroughly aroused. The whistle or gong used for sounding an alarm should be of a different tone to that used for ordinary parades, if there be a bugler on the establishment, his services should be availed of to sound the alarm on his bugle. The Head Warder or warder on duty at the place where the alarm originated, shall despatch a junior warder or a trustworthy 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 incharge 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 disappeared from will all be valuable pieces of information in leading to his recapture. In a 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 forces in the most effective manner for its suppression.

(c) Promptitude in starting an alarm is a most urgent and important duty, when a prisoner is discovered to be missing, or 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 of doing so shall not be accepted as palliating, in any way, neglect of this order.

(d) 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 belchains shall be disposed during working hours. The prisoners 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.

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 gangs into the jail until the enclosure in the vicinity of the inner gate is first cleared of prisoners for this reason gangs at work outside should, on the occurrence of an alarm, be chained up where the work is in progress.

(e) At times of alarm, all prisoners inside the jail shall be locked into the nearest or most convenient ward, workshop or other building and warders on duty will keep a watch on the places of confinement of prisoners.

(f) On the sound of the alarm, 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 with his rifle and 10 rounds of buckshot ammunition. He shall then fall into line and place himself under the orders of the Deputy Superintendent or other senior 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 near the rear angles of the jail, and instructed to prevent any attempt on the part of prisoners to scale the walls in that direction. A few men should be set aside as a reserve to render assistance at any point where their services may be specially required and with instructions 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 are chained up outside the jail, it will be also necessary to post a small picket over them. The disposal of the remaining men will depend on circumstances.

(g) If it be a case of escape or disturbance outside the jail, it shall be the duty of the officer incharge 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 as little display of force as is under the circumstances, necessary.

(h) 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 himself 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 "threes" 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 disturbance, to act as the officer in command may dictate.

(i) 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 started from one of the places where prisoners are usually assembled.

(j) 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 official it 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 he is still lurking within the jail, warders with lighted torches shall be posted at intervals inside the enclosure walls and the remaining warders divided into two parties each with lighted torches, one to search inside and the other outside the jail.

Note. - Torches ready for use and a sufficiency of oil should be kept in a box at the main gate and 'Chakkar'.

(k) 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 to whom a prisoner may be actually using violence.

(l) 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.

(m) In case of a disturbance, the officer incharge 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 tear gas squads may be requisitioned by the jail in the case of emergency whenever considered necessary.

(n) The alarm shall be concluded by blowing "the retire" on a bugle or sounding the alarm gong 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.

(o) 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.

Note. - A copy of such report should be submitted to the Inspector- General by the Superintendent Jail giving details of the action proposed to be taken against defaulters, if any, immediately after holding the alarm parade.

Note. - The report in Form No. 148 and the detailed report should be submitted in duplicate for transmission of one copy to Government.

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.

Note. - Lever locks should not be lubricated with vegetable oil, as it causes the levers to stick and renders the lock easy to pick.

(a) Confinement in Irons

(a) female prisoners;

(b) civil prisoners;

(c) convicts who by reason of age, physical infirmity or serious illness, are, in the

(a) convict the unexpired period of whose term of imprisonment is less than six months:

(b) convict who has undergone three-fourths 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.

Note 1. - All prisoners required to wear fetters or ankle rings should be provided with pliable gaiters to prevent abrasion of the skin.

Note 2. - A loin-cloth of the standard size, viz., 194x92 cms (6'x3') shall be issued to all prisoners in bar fetters in lieu of kachhas or trousers.

(b) Use of Arms against Prisoners

Chapter XI

The Admission of Prisoners

(ii) Study of offenders. - Prisoners, suspected of suffering from contagious diseases like T.B., leprosy or mental disorder shall be immediately segregated to specially earmarked wards.

(iii) During the stay of a prisoner in the reception centre, case history of each prisoner sentenced to one year and above shall be prepared by trained officers, through sustained interviews, collection of criminal records and other social data, educational and family background, aptitude for work and plans for rehabilitation after release.

(iv) Orientations talks. - At the reception centre, prisoners shall be given orientation talks by welfare officer, Deputy Superintendent and Superintendent Jail. Orientation talks should include rules and regulations of jails, conduct and treatment, health, sanitation, standard of behaviour, discipline, prisoners rights and duties, education, industrial trades and facilities/opportunities for self improvements.

(v) Each central and district prison and such other institutions as may be specified by Inspector General will have a classification committee of the following officers :

(a) Superintendent Jail (Chairman)

(b) Deputy Superintendent (Vice Chairman)

(c) Medical Officer, Deputy Superintendent (Factory) Correctional/Social workers and educational officers and Officer incharge of reception centre.

(vi) Decision of classification Committee. - Classification Committee should recommend the institution/ward for detention, gradation of custody, medical matters, work, employment, training, education, individual problems, and social adjustment of the offender.

(vii) Progress report. - The officer incharge of various sections and programmes will maintain progress report of each inmate. The report should be written once a quarter and oftener if necessary. On the basis of this progress report, the classification committee may reclassify the offenders.

(i) women under-trial prisoners, who shall be admitted in Jails at whatever time presented for admission by the Police and on all days including Sunday and jail holidays.

(ii) and Male under-trial prisoners, in respect of whom it is reported by the Police on their warrants by a red ink entry that they have got to be identified in an identification parade, who shall be admitted in jails at all hours on all days including Sunday and Jail Holidays.

Note. - All prisoners including under-trials returning from courts will be admitted in the jails after lock-out till half an hour after the working hours of the courts as prescribed by Government from time to time.

Note 1. - A warrant ordering imprisonment without specifying whether it is to be simple or rigorous imprisonment, an undated, an unsigned or unsealed warrant shall be returned or correction.

Note 2. - Every warrant should show the class (habitual or casual) to which the prisoner belongs and in case of those previously convicted, a statement showing the previous conviction should be attached.

Note 3. - 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 ordinarily adopt the procedure detailed in note 7 below.

Note 4. - 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 5. - In the case of prisoners on whom separate sentences are passed, care should be taken about the date mentioned in warrant of commitment from which each sentence will have effect and whether the different sentences will run concurrently or consecutively.

Note 6. - 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 7. - The Superintendent jail should not refuse to admit the prisoner where the above instructions have not been complied with, but should draw the immediate attention of the Magistrate concerned to the defects in the warrant of commitment and ask for its rectification at once, sending at the same time a copy of his letter to the District Magistrate in case warrant issued by an executive Magistrate and to the District and Sessions Judge in case warrant issued by a Judicial Magistrate for information.

Note 8. - 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 should always be drawn up in Punjabi and should be signed in full by such officer and sealed with the seal of his court. They should be sent to the jail authorities through an official messenger of the court or through the agency of the post and not through the friends or relatives of prisoners.

Note 9. - There should be a separate warrant or notice for every prisoner even if two or more prisoners have been jointly charged or convicted.

Note 10. - Where an accused person has on conviction, been sentenced to imprisonment for a term, the period of detention, if any undergone by him during the investigation, inquiry or trial of the same case and before the date of such conviction, shall be set off against the term of imprisonment imposed on him on such conviction, and the liability of such person to undergo imprisonment on such conviction shall be restricted to the remainder, if any, of the term of imprisonment imposed on him.

(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.

(b) "When separate sentences have been passed in separate trials and the sentences are to run consecutively under Section 427 of the Code of Criminal Procedure, 1973, 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."

Note. - Fines received at the jail shall without delay be remitted into the local Treasury through the District Magistrate. All fines tendered to a jail shall be received irrespective of the fact whether the prisoner is due for release or not provided he is in the jail at which the fine is paid.

Note. - This covers the case of a prisoner whose first sentence of imprisonment is in default of payment of fine. Any substantive sentence of imprisonment subsequently passed shall count from the date of the first sentence, and the imprisonment in lieu of fine shall take effect last, although a portion of it may have been already served when the substantive sentence was awarded; if, however, the imprisonment in default of payment of fine is of a different character to that of the substantive sentence, such imprisonment in default shall be completed before the substantive sentence of imprisonment shall take effect.

Note. - An order under Section 122, Criminal Procedure Code, directing that a person who has failed to give security shall be detained in prison is not a "sentence of imprisonment" for the purposes of Section 427 of the Code. It is merely an order for detention in prison, and if it is passed under Clause 1 (2) of Section 122, the Magistrate's proceedings must be laid before the Sessions Judge, who may thereafter pass such order on the case as he thinks fit, but if the Sessions Judge confirms, or varies the order, and does not set it aside, the period for which detention is ordered must date from the time when the first court passed its order.

(a) When a prisoner with injuries on his body is admitted into a prison from Police custody, he shall be examined immediately by the Medical Officer. If the examination reveals unexplained injuries not already recorded in the medico-legal report accompanying the prisoner, a report shall at once be made to the District Magistrate and Superintendent of Police.

Note 1. - The numbers and names of P.R./T. prisoners should be noted in red ink in the release diary (Register No. 4) two months before the probable date of release, counting remissions they are likely to earn.

Note 2. - If a P.R. convict has not been identified the word "Unidentified" shall be written in red ink in register No. II admission register and across the copy of his slip which shall be marked P.R.T.

Note 1. - The District Magistrate and the Superintendent of Police should arrange that the duty shall be, as far as possible, evenly divided between the District Staff, the Police and the Superintendent of the Jail.

Note 2. - The order to a convict to give his thumb impression is a lawful order and should be upheld by the Superintendent of the Jail who should take steps to see that it is enforced. An officer of the jail may or indeed must order a prisoner to allow his thumb-impression to be taken.

Note. - When a convict is required to appear before a court either as a witness or as an accused person, he shall be dressed in his private clothes provided they have not been disposed of in accordance with clauses a, b, c and d of paragraph 411 of the Jail Manual.

Note. - The search must be thorough, as prisoners not infrequently conceal articles in their hair and other parts of their persons. For the disposal of property removed from prisoners, see Chapter XII.

(a) As the case may be i.e. B.A., Matric etc.;

(b) able to read and write;

(c) able to read only;

(d) illiterate.

Chapter XII

Prisoners Property

Note. - When such property is made over by an official receiving it to another official, the receipt of the latter official will betaken in Register No. 1,2 or 3, as the case may be, and all such property shall, with the exception of clothing, be kept in charge of the Deputy Superintendent.

(a) Such articles as are, in the opinion of the Superintendent, of a perishable nature or are likely to deteriorate by keeping, or to involve expenditure in the keeping, shall, unless with the consent of the prisoner to whom they belong, they are

(b) If, by reason that any prisoner is, at the time of his admission to the jail or at any subsequent time, suffering or likely to suffer from any contagious or infectious disease, or on other sanitary grounds the Medical Officer shall certify that any article of clothing or bedding or the like, belonging to any prisoner, should be destroyed, the Superintendent shall cause the same to be forthwith destroyed accordingly and a note to that effect to be made in the list of the property of such prisoner and shall attest the note so made.

(c) If any article of clothing or bedding or the like belonging to any prisoner is, in the opinion of the Superintendent, in such a damaged or filthy state as not to be worth keeping, or fit to be sold, he shall cause such article to be forthwith destroyed and a note to that effect be made in the list of the property of such prisoner, and shall attest the note so made.

(d) The clothing of every prisoner sentenced to a substantive term of rigorous imprisonment of three years or more shall, if not liable to be destroyed under the preceding provisions of this rule, on the confirmation of the prisoner's sentence or if no appeal is made, on the expiration of the time allowed for appealing, be sold and the proceeds credited to the prisoner's account and a note to that effect made in the list of the property of such prisoner, and attested by the Superintendent.

(e) Subject to the preceding provisions of this rule, the property (other than property in regard to which any special provision, is hereinafter made) of every prisoner the term of whose substantive sentence of imprisonment is less than three years shall be carefully packed, stored and kept.

(f) The jewellery, trinkets, securities and other valuables (if any) of every prisoner shall be placed in a separate packet and the prisoner's register number, name and the date of sentence shall be endorsed thereon. Every such packet shall be kept in the jail cash chest.

(g) Money which is the property of prisoners (including the sale- proceeds of any article sold), shall, subject to any directions which the Inspector-General may from time to time give in that behalf, be kept in the jail cash chest or deposited in the local public treasury.

(h) Every prisoner shall be allowed to retain one pair of shoes for use in jail. Prisoners shall be allowed to retain a wood or plastic comb.

(i) Sikhs shall be allowed to retain kara (iron bangle). Hindus who wear sacred thread may retain it when confined in a jail.

Note. - Sums of money confiscated, as well as sale-proceeds of confiscated property, should be paid into the treasury under the head of receipts of the Jails Departments.

Note. - When a prisoner dies, notice of his death should be sent to the District Magistrate of the district to which he belongs, and if within three months no person, duly authorized to receive the property under the conditions laid down, lodges claim to it, such property shall then be made over to the police.

Chapter XIII

History- Tickets

(a) the name, prison number and other particulars necessary for the identification of the prisoner;

(b) a brief entry of every order passed and direction given relating to, and punishment inflicted, on the prisoner; and

(c) a brief record of every other occurrence of any importance, affecting the prisoner which takes place while he remains in confinement.

(a) the nature of the offence of which he has been convicted and the provision of the law applicable thereto; and

(b) the date, nature and extent of the sentence passed.

(a) the prisoner's weight on admission.

(b) his state of health.

(c) the class of labour for which he is fit, if sentenced to labour, and

(d) whether he has been protected by vaccination, inoculation or small-pox etc.

(a) if a convict, the fact of vaccination having been performed and the result.

(b) admission to and discharge from hospital on every occasion, with the disease for which admitted, and

(c) admission to and discharge from the convalescent gang.

(a) the date of admission into jail,

(b) the number and name of every article of clothing and equipment, issued on admission and subsequently,

(c) the particular work and task in weight, number or measurement, to which the prisoner is put,

(d) every change of work or task on other than medical grounds.

(e) any complaint made by the prisoner of sickness or report of his sickness.

(f) the action taken on any direction or recommendation of the Medical Officer,

(g) application for a copy of judgment, if the prisoner desires to appeal,

(h) receipt of the copy of judgment,

(i) despatch of appeal,

(j) substance of the order of the appellate Court.

(k) the fact of an appeal not having been made before the expiration of the term allowed for appealing,

(l) the amount of remission awarded quarterly,

(m) the total remission in days earned upto the end of each quarter,

(n) every prison-offence alleged to have been committed,

(o) every interview allowed and the receipt or despatch of private letters,

(p) despatch to a Court, or transfer, discharge, escape or death,

(q) any recommendations of the Deputy Superintendent, or Deputy Superintendent (Factory) or the Assistant Superintendent (Factory),

(r) action taken on any order entered by the Superintendent,

(s) location in a cell by day or night,

(t) the quarterly weighments,

Note 1. - As regards (s), it will be the duty of the Deputy Superintendent to make the entries, unless the Superintendent appoints some other members of executive staff not below in the rank of Assistant Superintendent to carry it out.

Note 2. - No adverse entries are to be made on history-ticket without the orders of the Superintendent.

(a) any special order he may have to give relative to any prisoner, e.g., the imposition or removal of fetters, permission to hold an interview or to write a letter, separation by night etc.

(b) the award of every punishment.

(c) sanction for employment on extra-mural work.

(d) the award of special remission.

Note 1. - Every under-trial and civil prisoner may be allowed to retain possession of his history-ticket.

Note 2. - At weekly inspection the tickets will be issued just before, and removed immediately after, the inspection by Superintendent.

(a) in the event of his escape or release for one year.

(b) in the event of his death for two years after such event occurs.

(c) in every other case, for a period of one year, till the final disposal of appeal and the period for further appeal.

Chapter XIV

Release of Prisoners

Note. - For the method of calculating the date of release, see Chapter XI on the admission of prisoners.

(b) Every convict in respect of whom an order has been made under section 356 of the Code of Criminal Procedure, 1973 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 he may be for the time being confined, of the place in which he intends to reside, after his release.

(c) The officer incharge of the Jail or other place of confinement shall thereupon report (Form No. 175) to the Superintendent of Police of the District in which such jail or other place of confinement is situated, 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.

Note 1. - In every case in which a Criminal Court makes an order under section 356 of the Code of Criminal Procedure (directing a convict to notify his residence and every change of residence after release), a copy of such order will be transmitted by the court passing the sentence and order, with the warrant of commitment, to the officer incharge of the jail in which the prisoner is, or is about to be, confined.

Note 2. - A re-convicted prisoner is not necessarily a habitual and a convict may be classified as a habitual on his first conviction.

Note. - As the original copy of the slips is sent to the jail it is necessary that a full receipt for the slips be obtained from the police officer, when forwarded to other places they should be sent under registered cover to ensure their return.

Periods In Years

A. Heinous crimes with reference to column 'B' of l(i) above are defined as follows :

(i) Offence under Section 302 along with 347 of the IPC i.e. murder with wrongful confinement for extortion.

(ii) Section 302 with 375 i.e. murder with rape.

(iii) Offence of dacoity with murder.

(iv) Offence under Section 302 along with offences under the Terrorist and Disruptive Activities (Prevention) Act, 1987.

(v) Offence under Section 302 along with offence under the Untouchability (Offences) Act, 1955.

(vi) Offence under Section 302 where murder has been committed in connection with any dispute over dowry and this is indicated in the Judgment of the Trial Court.

(vii) Offence under Section 302 where the victim is a child under the age of 14 years.

(viii) Double murder and murder committed after conviction while inside the jail or on parole or on expiry of sentence shall be treated as heinous crime.

(ix) Any conviction under Section 120-B of the IPC.

Heinous crime with reference to column 'D' of the revised policy are defined as follows

(1) Offence under Section 304(b) of the IPC, i.e. a dowry death.

(2) Offence under Section 304 along with Section 347 of the IPC i.e. culpable homicide with wrongful confinement for extortion.

(3) Offence under Section 304 with Section 375 i.e. culpable homicide with rape.

(4) Offence under Section 304 along with offence under the Terrorist and Disruptive Activities (Prevention) Act, 1987.

(5) Offence under section 304 where culpable homicide has been committed in connection with any dispute on dowry and this is indicated in the judgment of the trial court.

(6) Offence under Section 304 where the victim is a child under the age of 14 years.

(7) Any conviction under Section 120-B of the IPC i.e. for criminal conspiracy in connection with the above crimes.

B. I. Adults are defined as persons above the age of 18 years.

II. The cases of premature release will only be considered provided the convict has maintained good conduct in jail. For this purpose good conduct means that he has not committed any jail offence for a period of 5 years prior to the date of his eligibility for consideration for release as per Para 1.1 above.

III. Cases for premature release will only be considered if the Government is satisfied that in the event of release of the convict there is no likelihood of the convict committing a crime or breach of peace in any way connected with the circumstances of the crime for which he was originally convicted.

IV. The Government reserves the right to exercise its powers under Article 161 of the Constitution in any way it deems fit.

(i) On becoming eligible for consideration for premature release under Article 161 of the Constitution as per Para-1 of the Policy the convict must submit a petition to the Governor indicating the grounds on which he desires his case to be considered for premature release.

(ii) The State Government shall refer the petition to the Inspector General of Prisons for preparing the case in the prescribed format for verification of details of imprisonment as well as for a report of good behaviour.

(iii) A copy of the petition shall simultaneously be forwarded to the District Magistrate for verification of the contentions made in the petition and a report regarding the likelihood of commission of breach of peace or crime by the convict which is connected with the circumstances of the crime originally committed by him. For this purpose, inter alia, the following will be taken into account:

(a) the behaviour of the convict during periods of parole.

(b) the views of the local panchayat.

(iv) On receipt of the report from the I.G. Prisons as well as the District Magistrate, the State Government will decide the petition in accordance with the policy laid down.

(a) Their cases will be considered in the light of the policy framed by the Govt, in 1971 (10.11.1971) and 1976 (30.1.1976) in respect of premature release cases.

(b) The cases of lifer prisoners convicted after 18.12.1978 will be governed by the policy adopted by the Govt. 12.12.1985 (See Appendix No. _____________).

Note. - Primarily it is the duty of the Superintendent to remain present in the jail premises and release the prisoners in his presence. Only in exceptional cases, when it may not be practicable to contact the Superintendent, the Deputy Superintendent should effect release on his own responsibility.

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.

(i) a free railway pass of the lowest class available in the train to the station nearest to his home;

(ii) conveyance allowance equivalent to the actual bus fare to reach his home; and

(iii) all allowances granted under this rule to any prisoner upon his release shall be paid to him in the presence of the Superintendent.

(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 bail with directions to discharge him.

(2) In every case in which a sentence is modified on appeal the Appellate Court shall prepare a fresh warrant (in the form prescribed in the following rule) and shall forward 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.

(3) In every case in which a sentence is confirmed 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 bail, with direction to take measures to secure his surrender and commitment to jail on the original warrant.

Note I. - Wherever a Sessions Division consists of more districts than one, the Chief Judicial Magistrate in this paragraph shall be held to be the Chief Judicial Magistrate of the District in which the Sessions Court is sitting for the hearing of appeals.

Note II. - The following form of warrant is prescribed for use by Appellate Courts when a sentence is modified or altered on appeal : -

Sessions Judge or Magistrate

(a) the disease is likely to prove fatal if the prisoner remains in prison;

(b) there is a 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 conditions (a), (b) and (c) are fulfilled; and

(e) the prisoner has not more than six months to remain in prison.

Note. - Cases which are not provided for in these rules will be dealt with by the State Government under the provisions of Section 432 of the Code of Criminal Procedure, 1973, on receipt of recommendations from the local authorities.

(a) the orders of Inspector-General shall be obtained in cases in which convict or under trial is to be admitted to the hospital for inpatient treatment provided that in emergent cases the Superintendent is authorised to anticipate the sanction of Inspector-General though where he does so, he should make an immediate report to the Inspector-General.

(b) In cases in which the convict or under trial is taken to hospital for treatment as an outpatient only or for X-ray examination the Superintendent of the jail is empowered to authorise the visit himself. He is, however, required to report the matter for the information of the Inspector-General.

Chapter XV

Appeals, Petitions, Interviews and Communications

(a) Appeals and Petitions

[Act No. 26A, 1963]

Note 1. - The Superintendent is not justified in refusing to forward the appeal of any prisoner whether it is barred by limitation or not.

Note 2. - An appeal made by the Superintendent on behalf of a prisoner should, before despatch, be read over to the appellant, in the presence of the Superintendent, who shall if the prisoner approves of the appeal, countersign the document and cause the official seal of the jail to be stamped thereon.

Note 3. - Convicted prisoners are entitled under section 363 (1) and (2) of the Code of Criminal Procedure to a copy of the judgment free of all fees. In summons cases no court-fees are payable on the copy of the judgment. Government have further approved the principle that if the person convicted in summons case is in Jail he or his agent shall be allowed a copy of the judgment free of copying fees. In the event of any such copies being sent to the jail authorities for delivery to the prisoners by the appellate, revision or other Court, the Superintendent shall get it delivered immediately to the prisoners under his written acknowledgement.

Note 4. - "Copies of judgments of the High Court in Criminal cases, shall on application made in this behalf by the convicted prisoner, be supplied free of cost -

(a) in every case in which a sentence of death or imprisonment for life has been passed or confirmed by the High Court, and

(b) in any other case if the High Court so directs.

"Except in the case of petitions against the execution of sentences of death all such petitions must be accompanied by copies of the judgments of the Court of conviction and of any superior court which may have dealt with the case on appeal or revision, to be supplied by the petitioners themselves".

(b) Procedure for disposal of representation memorandum addressed to high dignitaries by the prisoners. - Prisoners have the right to address any representation/memorandum to any high dignitary of the Government of India and State Government. All these representations if found not objectionable and in order be forwarded to the concerned dignitary or authority through the I.G. Prisons, who may forward it to the State Government and if required the State Government may forward it to the Central Govt.

Duties of Superintendents of Jails

(a) Rules framed by the Government of India.

I. Immediately on receipt of a warrant for execution consequent on the confirmation by the High Court of a sentence of death, Jail Superintendent shall inform the convict concerned that if he desires to submit a petition for mercy, it should be submitted in writing within seven days of the date of such intimation.

II. If the convict submits a petition within the period of seven days prescribed by Rule I it should be addressed both to the Governor of the State and to the President of India and the Superintendent shall forthwith despatch it, in duplicate, to the Secretary to the Government, Home Department together with a covering letter reporting the date fixed for the execution and shall certify that the execution has been stayed pending receipt of the orders of the Governor and the President of India on the petition. If no reply is received within 15 days from the date of despatch of the petition, the Superintendent shall telegraph to the Home Secretary drawing attention to the fact, but he shall in no case carry out the execution before the receipt of the State Government's reply.

III. If the convict submits a petition after the period prescribed by Rule I, the Superintendent of the Jail shall at once forward it to the State Government and at the same time telegraph the substance of it, requesting orders whether the execution should be postponed and stating, that pending a reply, the sentence will not be carried out. If such petition is, however, received by the Superintendent later than noon on the day preceding that fixed for the execution, he shall at once forward it to the State Government and at the same time telegraph the substance of it, giving the date of execution and stating that the sentence will be carried out unless orders to contrary are received.

IV. In the event of its coming to the knowledge of the Superintendent at any time before the execution of the sentence that altogether exceptional circumstances have arisen which plainly demand a reconsideration of the sentence, he is at liberty notwithstanding anything in the foregoing rules, to report the circumstances by telegraph to the State Government and ask its orders and to defer execution till they received.

V. The Superintendent shall at once report back to the Home Secretary to the Punjab Government all telegrams communicating orders to him regarding petitions for mercy, by way of acknowledgement of their receipt.

VI. When acknowledging the orders of the State Government and the intimation that the petition has been forwarded for the orders of President of India, the Superintendent shall certify that the execution remains stayed pending the orders of the President of India.

VII. In the event of final orders from the State Government to carry out execution being received after the date fixed for execution by the Sessions Judge, the Superintendent shall appoint a day for execution not more than a week later than the date on which such orders actually reach him so as to permit of the usual formalities, e.g., summoning of relatives and friends to bid farewell, the making of a will, etc., being observed in due order and without precipitation. The date so fixed should be intimated to Government when acknowledging the orders of execution.

VIII. When final orders are received by a Superintendent of a Jail from Government by telegram to carry out execution on the date fixed by the Sessions Judge, the Superintendent of the Jail should comply without waiting for postal confirmation, provided such date has not elapsed at the time he receives final orders. If this has expired the Superintendent should be governed by rule VII above.

IX. On the morning of any execution, the Superintendent of the Jail shall before proceeding to the cell of the condemned prisoner enter his office and ensure himself that there is no communication awaiting him connected with the execution - (vide note 3) (Punjab Government letter No. 129 (Judl) D.C. dated 22nd January 1934).

X. Every petition in Punjabi should be accompanied by a carefully prepared translation which, to ensure its accuracy, should be examined by the Superintendent while the Punjabi papers are being read out to him. The document should then be attested by the Superintendent and forwarded without delay by "Registered" Post in a Pink coloured envelope inscribed "Death Case - Immediate." standardized for use in all jails.

Note 1. - The procedure laid down for opening dak in jail offices is indicated in Punjab Government letter No. 34419 dated 26th December, 1933 (Vide Note 1 at the end of paragraph).

Note 2. - In forwarding a mercy petition, the Superintendent should certify that the execution has been stayed pending the orders of the Governor and the President of India and noting the pending orders of State Government. Further when acknowledging the orders of the Governor and the intimation that the petition has been forwarded for the orders of the Government of India, the Superintendent should certify that the execution remains stayed pending the orders of the President of India.

Note 3. - All the letters received daily should be opened by the Superintendent immediately, in his absence the Deputy Superintendent should open the whole dak. Further all telegrams and all letters marked immediate or urgent or addressed to the Superintendent by name or received by registered post must be placed at once before the Superintendent. There must also be another official designated by name who in the absence of the Superintendent due to any cause will be responsible for receiving and opening such communication at any time of the day or night.

Note 4. - All letters acknowledging the receipt or orders of Government in death cases must be signed by the Superintendent or the Deputy Superintendent.

Note 5. - The orders of the Government rejecting the petitions for mercy from condemned prisoners will be communicated to the Superintendent who would also promptly acknowledge the same by post. The orders of the Government declining to interfere and ordering the carrying out of the execution will be conveyed by telegram and such orders should be repeated back by the Superintendent telegraphically.

Note 6. - The orders of commutation of death sentence and postponement of execution will also be communicated to the Superintendent by telegram/physically and should be acknowledged by the Superintendent of Jail by telegram.

Note 7. - On the morning of any execution, the Superintendent of the jail shall before proceeding to the cell of the condemned prisoner enter his office and ensure himself that there is no communication awaiting him connected with the execution.

Note 8. - While acknowledging any orders of Government postponing an execution the Superintendent shall state in his acknowledging letter that the execution has been postponed pending the further orders of Government.

(b) Interviews and Communications

A. - General Rules.

Note 1. - A letter merely arranging an interview shall not be counted for the purpose of this rule.

Note 2. - A prisoner may, with the permission of the Superintendent substitute a letter for an interview or vice versa.

Note 3. - Prisoners shall be allowed to send a special letter notifying their relations of their transfer from one Jail to another.

Note 4. - A prisoner may with the permission of the Superintendent write any number of letters at his own cost.

Note. - The record required by clause (2) shall be made in the Deputy Superintendent's journal interviews register.

B. - Special Rules Relating to Under-trial and Civil Prisoners

Note. - The term "friend or relative" as applied to a prospective interviewer of prisoners and as occurring in paragraphs 468 to 488 supra is to be literally and strictly interpreted, that is to say, no one should be allowed an interview with a prisoner who is not entitled under the rules to interview, unless he can submit proof of a personal and intimate acquaintance or of near relationship. In the case of a relative the nature of relationship should be ascertained.

(a) the Superintendent may, in his discretion, refuse to admit any minister whose admission to the jail he considers, for any sufficient reason, to be inconsistent with the maintenance of discipline therein;

(b) no such religious preacher shall be permitted to have access to any prisoner of a different religious persuasion to himself, unless at the voluntarily expressed desire of such prisoner, and

(c) the religious ministration shall be subject to such conditions as to time, place, duration and the like, as the Superintendent may at any time deem fit to prescribe.

Chapter XVI

Classification and Separation of Prisoners

(A) Classification of Prisoners

(i) Men and women shall be kept in separate institutions or separate part of an institution/annexes.

(ii) Better class prisoners should be kept separate from ordinary prisoners.

(iii) Condemned prisoners, prisoners convicted to rigorous or simple imprisonment, civil prisoners, under-trial prisoners, committed to Sessions, under-trial prisoners not confined to Sessions may be kept separate from each other.

(iv) Adult prisoners from adolescents.

(v) Habitual prisoners from non-habitual prisoners.

(vi) Prisoners under TADA and COFEPOSA be kept separate from other prisoners.

(vii) Inmates suspected to be suffering from mental disorders.

(viii) Homosexuals.

(ix) Sex perverts.

(x) Drug addicts and traffickers in narcotics.

(xi) Inmates having suicidal tendencies.

(xii) Inmates exhibiting violent and aggressive tendencies.

(xiii) Inmates having escape or discipline risks.

(xiv) Known bad characters.

Note 1. - Female prisoners will be classified to the same manner as is provided in the case of male prisoners.

Note 2. - Unconvicted criminal prisoners and civil prisoners respectively will be sub-divided according to sex and age.

Note 3. A Committee of Superintendent, Deputy Superintendent, Medical Officer and Welfare Officer of the jail will determine classification of each prisoner.

(B) Separation of Prisoners

(1) in a prison containing female as well as male prisoners, the females shall be imprisoned in separate buildings, or separate parts of the same buildings, in such manner as to prevent their seeing or conversing or holding any intercourse with the male prisoners;

(2) in a prison where male prisoners under the age of twenty-one are confined, means shall be provided for separating them altogether from the other prisoners and for separating those of them who have arrived at the age of puberty from those who have not;

(3) unconvicted criminal prisoners shall be kept apart from convicted criminal prisoners; and

(4) civil prisoners shall be kept apart from criminal prisoners. [Sec. 27 Act IX of 1894],

(a) 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 shall be kept separate from those who have not been previously convicted;

(b) convicts of the casual class shall be kept separate from convicts of the habitual class;

(c) convicts who have been sentenced to simple imprisonment only shall be kept separate from convicts who have been sentenced to rigorous imprisonment;

(d) convicts who are under twenty-one years of age shall be kept separate from convicts who are more than twenty-one years of age;

(e) civil prisoners who are confined under the orders of any authority other than a judicial tribunal shall be kept seperate from prisoners who are confined under process of a civil or Revenue Court or authority.

Note. - Every habitual criminal shall as far as possible be confined in a special jail in which no prisoner other than habitual criminals shall be kept.

"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 accorded."

(a) If there are juveniles in the jail, and there are not sufficient means for separating them by night in the juvenile ward, the cells shall, in preference to any other class of prisoners, be occupied by juveniles for this purpose.

(b) Such convicts sentenced under Section 366, as have been found guilty of kidnapping or abducting for purposes of prostitution and all convicts sentenced under Sections 376 and 377 of the Indian Penal Code shall, in preference to prisoners other than juveniles, be placed in cells both by day and night.

(c) Convicts of the habitual class shall be placed in cells both by day and night in preference to convicts of the casual class.

Note 1. - Separation under paragraphs 503 to 507 is distinct from "cellular" confinement and "separate" confinement inflicted as a punishment under section 46 of the Prisons Act, and is restricted merely to the separation of individual prisoners either by day or night for purposes of jail management; such separation is not to have any irksome conditions attached to it.

Note 2. - Paragraphs 503 to 507 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.

Note. - The fact of a prisoner being P.R. of P.R.T. shall make no difference in his classification or treatment while in jail.

(C) Rules framed by the State Government Under Section 59 of the Prison Act, 1894 to regulate the Classification and Treatment of Convicted and Under-trial Prisoners

Rules for the Classification of Convicted and Under-trial Prisoners.

(a) are non-habitual prisoners of good character.

(b) are by social status, education and habits of life been accustomed to a superior mode of living, and

(c) have not been convicted of -

(i) offences involving elements of sedition, cruelty, moral degradation or personal greed;

(ii) serious or premeditated violence;

(iii) serious offences against property;

(iv) offences relating to TADA and the possession of explosives, firearms and other dangerous weapons with the object of committing an offence or enabling an offence to be committed;

(v) persons convicted under COFEPOSA and NDPS Acts.

(vi) abetment or incitement of offences falling within these sub- clauses.

Note. - The State Government may from time to time issue instructions for fixing criteria for determining the qualifications for classifying a prisoner as Better Class.

(i) Whether the prisoner has been classified as causal or habitual;

(ii) The previous convictions of the prisoner if any;

(iii) The offence committed with the sentence inflicted;

(iv) The profession and status of the prisoner;

(v) The educational qualifications of the prisoner, including examinations, if any, which he was passed.

Note. - These rules do not apply to prisoners under sentence of death.

Under-trial Prisoners

Rules for Prisoners admitted to Better Class

One wooden chair,

One wooden teapoy.

One shelf, cupboard or box, necessary washing and sanitary appliances.

(b) Association barracks shall be supplied with one berth or cot per prisoner, one large table with benches, necessary night sanitary appliances, latrines and bathing sheds in the enclosure.

Rules for Prisoners admitted to Class B

One takht posh or bed-stead, charpoy or cot, of size 6-1/2 x 3 feet,

one wooden stool, one wooden teapot.

one Hurricane lantern where there is no electric light.

one shelf, cupboard or box,

necessary washing and sanitary appliances.

Note. - The prisoners will if they so desire be permitted to use their own electric table fans where facilities for these exist.

(b) Association barracks shall be supplied with : -

one berth or cot per prisoner,

one large table with benches.

sufficient lamps to enable reading at the table, necessary night sanitary appliances, latrines, bathing sheds, in the enclosure and an electric ceiling fan wherever possible.

one thali (metal),

two kauls (metal cups)

one tumbler (metal),

one lota

one spoon.

During all seasons

2 dhoties (for night use)

2 puggrees (light Garha cloth) or two sealed pattern caps.

1 pair country shoes.

1 bed sheet (dasuti).

1 Khaki cotton duree 6' x 3'

2 pillow cases (dasuti to be filled with cotton or grass).

2 towels.

1 parna (dasuti), 5 feet long.

2 kachhs (in the case of Sikhs only in place of two pairs of trousers, but if they wish to have trousers in addition to the Kachhs they may be supplied, provided that they meet the cost from their own pocket.)

During Summer

2 kurtas (dasuti) long (full sleeves).

2 pyjamas (dasuti) or dhoties (Light cloth)

1 blanket.

During winter

2 woollen coats with stand-up collars and full sleeves

2 pairs woollen pyjamas.

2 flannel shirts.

2 cotton jangias (drawers)

2 pairs woollen socks.

3 blankets.

1 mattress (dasuti) Tula.

(b) The following clothings should be supplied to female convicts :-

During all seasons

2 cotton dhoties (night dress) 5-1/2 yards long.

2 sahries, 5-1/2 or 6 yards for bigger individuals (made of light cotton cloth, i.e. jail-made garth) (dhoties and Sahries must be at least 44" wide).

1 pair of chapli (made at Borstal Institute, Lahore)

2 bed sheets

2 pillow cases

2 petticoats, cotton.

During summer

4 cotton blouses or shirts

6 napkins

1 blanket

4 cotton drawers.

During winter

2 woollen blouses or shirts 2-1/2 yards each (cloth to be the same, viz., flannel as issued for shirts of B class male prisoners)

2 woollen banians

2 pairs woollen socks

6 napkins

4 blankets or one quilt.

2 pairs cotton drawers.

Note 1. - All cotton materials and woollen cloth will be made by the jails.

Note 2. - Soap on the following scale per week will be allowed to A and B class prisoners :-

(b) Diet: They shall be allowed approximately the same type of diet the cost of which should not exceed that laid down in rule 4.

(c) Use of handcuffs : Handcuffs shall only be used when necessary for requirements of safe custody.

Rules for the Treatment of Better Class Under-trial Prisoners.

Chapter XVII

Discipline and Daily Routine

Note. - C Class prisoners shall be allowed 40 gms of bathing soap, 60 gms of washing soap for washing their clothes and 30 gms of sarson oil to apply on hair per week.

"Halt" - to stand still if marching.

"Rise" - to rise from the sitting position.

"Attention" - to stop work if working.

"March" - to move forward.

"Sit" - to assume the sitting position.

"Work" - to resume work.

Note. - Head-warders concerned shall be responsible for ensuring that the bedding and clothing not in use are kept well arranged and folded in the wards after the prisoners leave the barracks for works.

(1) After the morning routine as mentioned in para 518 is over each prisoner shall receive his early morning meal.

(2) The prisoners shall with the exception of any one who has a complaint to make shall sit down to eat.

(3) Any prisoner who remains standing shall be separated and those who have no complaint to make given the signal to eat.

(4) Deleted

(5) The Head Warder shall enquire as to the cause of complaint of any prisoner concerning his food. If the complaint is of short distribution, he shall have the ration weighed there and then, and if the quantity is short have the deficiency supplied and report the defaulting cook to the Deputy Superintendent.

(6) If the complaint is of bad quality or bad cooking, the Head- Warder shall retain a sample of the food for examination by the Deputy Superintendent, who shall make such further enquiry regarding the complaint as may be necessary and report the circumstances to the Superintendent on the first opportunity.

(7) When the meal is finished, the prisoners shall throw the unconsumed food in the tub meant for this purpose, and they shall wash their utensils, hands etc.

(8) On the completion of the food parade in the morning the prisoners shall be marched to the place, where their distribution into working gangs is to take place. At this time the Deputy Superintendent shall make any alterations in the gangs that may be necessary and record the same or cause him to be recorded in the gang books.

(9) The same procedure shall be followed in distribution and eating at the other meals. The cooks who were employed for distributing the food when bathing parade was in progress shall at some convenient time be taken to wash themselves.

(10) This routine shall be carried on simultaneously in all parts of the jail and completed within an hour, i.e. before the time for distribution of prisoners into gangs. In jails where the arrangement of latrines, feeding and bathing platforms is inadequate, the Superintendent must follow the instructions as closely as the means at his disposal permit.

(a) instructed as to the course he is to pursue on the occasion of a riot, disturbance or whenever the alarm is sounded;

(b) informed of his liability to be fired on if he joins in any riot or disturbance, or attempts to escape or neglects to pursue the course laid down for his guidance, and

(c) warned to avoid the acts that are prison offences.

Note. - The strength of the solution should be one part of washing soap to one hundredth parts of water, 20 gms of washing soda and 40 gms of country soap per prisoner and 30 kgs of firewood per hundred prisoners are allowed.

Note. - Prisoners shall, who wish to keep fast, be provided with morning meal at appropriate time in the morning to start the fast. They shall be permitted to take evening meal and to retain the whole or any portion thereof in wards, cells or other compartments, for consumption after they break the fast.

Note 1. - (a) All prisoners who are permitted to grow their hair long should be allowed 30 grams of mustard oil and 20 grams of soap per person per week.

(b) All prisoners shall be allowed 40 grams of bathing soap per week.

(c) Should they so desire, all prisoners shall be allowed soap and oil for sanitary purpose at their own expense out of their private cash property or through their friends or relatives.

Note 2. - A barber shall be deputed to remove hair, every Sunday from the arm-pits of prisoners who so desire.

(a) introduced into any jail,

(b) removed from any jail,

(c) supplied to any prisoner outside the limits of any jail, or

(d) received, possessed or transferred by any prisoner, with the permission of the Superintendent or other officer empowered by him in this behalf.

List of prohibited articles

(1) Spirituous liquors of every description.

(2) Tobacco and all other substances except cigarettes and biddies whatsoever which are or may be intended to be used for the purpose of smoking, chewing or snuffing and all instruments and appliances whatsoever, which may be used for or in connection with smoking, chewing or snuffing.

(3) All explosive, poisonous, intoxicating or sedative substances whether in the form of herbs or chemicals and whether fluid or solid of whatever description.

Note. - Any medicines or chemicals, which cannot be used without a competent physician's prescription and permission of Medical Officer of Prison.

(4) All arms and weapons and articles which are capable of being used as weapons, of whatever description.

(5) All bullion, metal, coin, jewellery, ornaments, currency notes, securities and articles of value of every description.

(6) All books, paper and printed or written matter and materials and appliances for printing or writing, of whatever description; unless permitted by the Superintendent.

(7) Strips, rope, chains and all materials, which are capable of being converted into string or rope or chains, of whatever description.

(8) Wood, bricks, stones and earth of every description.

(9) Hand tools which may be used for digging, breaking and cutting etc.

(a) not been issued for his personal use from jail stores or supplies, under proper authority,

(b) been so issued, if possessed or used at a time or place other than such as is authorised; or

(c) not been placed in his possession for introduction, removal or use, as the case may be, by proper authority.

(a) has not been issued or sanctioned, for his personal use by proper authority;

(b) is not an article of clothing necessary for his personal wear; or

(c) has not been placed in his possession by proper authority for introduction into or removal from the jail or for the purpose of being supplied to any prisoner;

(a) is not required for his personal use while within the jail and has not been declared by him before entering the jail, and the introduction into or removal from the jail, or possession, of which while in the jail, has not been permitted by proper authority,

(b) is introduced, with or without authority, and is not retained in his possession until he has left the jail premises; or

(c) comes into his possession while within the jail, and is subsequently removed by him from the jail,

Chapter XVIII

Offences and Punishments

(a) Offences

(1) such wilful disobedience to any regulation of the prison, as shall have been declared by rules made under Section 59 of the Prisons Act, 1894 to be a prison-offence;

(2) any assault or use of criminal force;

(3) the use of insulting or threatening language;

(4) immoral or indecent or disorderly behaviour;

(5) wilfully disabling himself from labour;

(6) continuously refusing to work;

(7) filing, cutting, altering or removing handcuffs, fetters or bars without due authority;

(8) wilful idleness or negligence at work by any prisoner sentenced to rigorous imprisonment;

(9) wilful mismanagement of work by any prisoner sentenced to rigorous imprisonment;

(10) wilful damage to prison-property;

(11) tampering with or defacing history-tickets, records or documents;

(12) receiving, possessing or transferring any prohibited article;

(13) feigning illness;

(14) wilfully bringing a false accusation against any officer or prisoner;

(15) omitting or refusing to report, as soon as it comes to his knowledge, the occurrence of any fire, any plot or conspiracy, any escape, attempt or preparation to escape, and any attack or preparation for attack upon any prisoner or prison official; and

(16) conspiring to escape, or to assist in escaping, or to commit any other of the offences aforesaid. [Section 45 of Act IX of 1894]

(1) quarrelling with any other prisoner;

(2) secreting any article whatever;

(3) showing disrespect to any jail officer or visitor;

(4) making groundless complaints;

(5) holding any communication (in writing by word of mouth or otherwise) with an outsider, with a prisoner of the opposite sex, civil or under-trial prisoner or a prisoner of a different class in disobedience of the regulations of the prison;

(6) abetting the commission of any prison-offence;

(7) omitting to assist in the maintenance of discipline by reporting any prison-offence, or to give assistance to an officer of the prison when called upon to do so;

(8) doing any act or using any language calculated to wound or offend the feelings and prejudices of a fellow prisoner;

(9) doing any act calculated to create any unnecessary alarm in the minds of the prisoners or officers of the prison;

(10) leaving without permission of an officer of the prison the gang to which he is attached, or the part of the prison in which he is confined;

(11) leaving without permission of an officer of the prison, the ward, the yard, the place, in file, the seat or berth assigned to him;

(12) loitering about the yards, or lingering in the ward when these are open;

(13) omitting or refusing to march in file when moving about the prison;

(14) visiting the latrines or bathing platforms except at stated hours or without permission of an officer of the prison;

(15) refusing to eat the food prescribed by the prison diet scale;

(16) eating or appropriating any food not assigned to him or taking from, or adding to the portions assigned to the prisoners;

(17) removing without permission of an officer of the prison food from the cook-room or godowns or from the place where meals are served, or disobeying any order as to the issue and distribution of food and drink;

(18) wilfully destroying food, or throwing it away without orders;

(19) introducing into food or drink anything likely to render it unpalatable or unwholesome;

(20) omitting or refusing to wear the clothing given to him or exchanging any portion of it for the clothing of other prisoners or losing, discarding, damaging or altering any pan of it;

(21) removing, defacing, or altering any distinctive number, mark or badge attached to or worn on the clothing or person;

(22) omitting or refusing to keep the person clean or disobeying any order regulating the cutting of hair or nails;

(23) omitting or refusing to keep clean his clothing, blankets, bedding, fetters, iron cups or platters, or neck tickets or other identification token or disobeying any order as to the arrangement or disposition of such article.

(24) tampering in way with prison locks, lamps or lights or other property with which he has no concern;

(25) stealing the prison clothing or any part of the prison kit of any other prisoner;

(26) committing a nuisance in any part of the prison;

(27) spitting on or otherwise soiling any floor, door, wall or other part of the prison building or any article in the prison;

(28) wilfully befouling the wells, latrines, washing or bathing places;

(29) damaging the tress and vegetables in the garden of the jail, or maltreating the prison cattle;

(30) omitting or refusing to take due care of all prison property entrusted to him;

(31) omitting or refusing to take due care of or injuring, destroying or misappropriating, the material and implements entrusted tip him for work;

(32) omitting to report at once any loss, breakage or injury which he may accidentally have caused to prison property or implements;

(33) manufacturing any article without the knowledge or permission of an officer of the prison;

(34) performing any portion of the task allotted to another prisoner, or obtaining the assistance of another prisoner in the performance of his own task;

(35) appropriating any portion of the task performed by another prisoner;

(36) mixing or adding any foreign substance to the materials issued for work;

(37) wilfully causing to himself any illness, injury or disability;

(38) causing, or omitting to assist in suppressing violence or insubordination of any kind;

(39) taking part in any attack upon any prisoner or officer of the prison;

(40) omitting or refusing to help any officer of the prison in case of an attempted escape or of an attack upon such officer or upon another prisoner;

(41) disobeying any lawful order of an officer of the prison in case of an escape, attempt to escape, attack upon any officer a prisoner or omitting or refusing to perform duties in the manner prescribed.

(1) offences punishable under sections 147, 148 and 152 of the Indian Penal Code;

(2) offences punishable under sections 222, 223 and 224 of the Indian Penal Code.

(3) offences punishable under section 304-A, 309,325 and 326 of the Indian Penal Code, and

(4) any offence triable exclusively by the Court of.Session.

Note. The offences specified in the above paragraph are : -

Section     147    - rioting;

"    148    - rioting armed with a deadly weapon;

"    152    - assaulting or obstructing or using criminal force to a public servant, when suppressing riot or threatening or attempting to do so;

"    222    - intentional omission to apprehend on the part of a public servant, or intentionally aiding or suffering to escape any person lawfully committed to custody;

"    223    - escape negligently suffered by a public servant;

"    224    - resistance or obstruction to lawful apprehension or escape or attempt to escape from lawful custody;

"    304-A    - causing death by a rash or negligent act;

"    309    - attempt to commit suicide ;

"    325    - voluntarily causing grievous hurt; and

"    326    - voluntarily causing grievous hurt by dangerous weapons or means.

(b) Punishments

(1) a formal warning;

(2) Change of labour to some more irksome or severe form for such period as may be prescribed by rules made by the Governor-General in Council;

(3) Hard labour for a period not exceeding seven days in the case of convicted criminal prisoners not sentenced to rigorous imprisonment;

(4) Such loss of privileges admissible under the remission system for the time being in force as may be prescribed by rules made by the Governor-General in Council;

(5) stopping from recreational facilities.

(6) Stopping for canteen facilities.

(7) Recovery from wages from material loss, caused wilfully.

(8) Transfer to special prison.

(9) Postponement of leave.

(10) Imposition of hand-cuffs of such pattern and weight, in such manner and for such period, as may be prescribed by rules made by the State Government subject to the provision of Paras 352 and 354.

(11) Imposition of letters of such pattern and weight, in such manner and for such period, as may be prescribed by rules made by the State Government, subject to the provision of Paras 352 and 354.

(12) Seperate confinement for any period not exceeding three months;

(13) Cellular confinement for any period not exceeding fourteen days; provided that after each period of cellular confinement, an interval of not less duration than such period must elapse before the prisoner is again sentenced to cellular or solitary confinement.

Note 1. - No solitary or punitive cell, no hard labour or painful additive or other punishment or denial of privileges and amenities, no transfer to other prisons with penal consequences shall be imposed without judicial appraisal of the Sessions Judge, and when such intimation, on account of emergency is difficult such information shall be given within two days of the action.

Note 2. Handcuffs and fetters shall be imposed on prisoners after specific permission, of the Court concerned of Sessions Judge, has been obtained.

(a) Forfeiture of remission earned.

(b) Temporary forfeiture of class, grade or prison privileges.

(c) Temporary or permanent reduction from a higher to a lower class or grade.

(d) Temporary or permanent exclusion from the remission system:

(a) on the wrists in front, by day or night for a period of not more than twelve hours at a time, with intervals of not less than twelve hours between each period, and for not more than four consecutive days or nights;

(b) on the wrists behind, by day only for a period of not more than six hours in any day of twenty-four hours, and for not more than four consecutive days;

(c) by attaching the handcuffs affixed on the prisoner's wrists to a staple in front of the prisoner by day for not more than four consecutive days and for not more than six hours on each day with an interval of at least one hour after the handcuffs have been so attached for three hours:

(a) Link-fetters composed of a chain and ankle-rings. The total weight of such fetters including the ankle-rings shall not exceed 365 gms and the chain shall be not less than 60 cm in length.

(b) Bar-fetters composed of two bars joined together by a link and attached to ankle-rings. The total weight of such fetters including the ankle-rings, shall not exceed 1575 gms and each bar shall be not less than 51 cm in length.

(c) Cross-bar fetters composed of a single bar for the purpose of keeping the legs apart and of ankle-rings. The total weight of such fetters, including ankle rings, shall not exceed 1175 gms. The length of the bar shall not exceed sixteen inches in the case of men who are not less than five feet six inches in height, or fourteen inches in the case of men below this height.

(a) in the case of linked fetters, three months; and

(b) in the case of bar-fetters, three months;

(c) in the case of cross-bar fetters, two hundred and forty hours.

Note. - Punishment fetters should be removed when a convict wearing the same is to be produced in court.

(1) formal warning shall not be combined with any other punishment except loss of privileges under sub-paragraph (4) of paragraph 547;

(2) cellular confinement shall not be combined with separate confinement so as to prolong the total period of seclusion to which the prisoner shall be liable;

(3) no punishment shall be combined with any other punishment in contravention of rules made by-the State Government. [Sec. 47 of Act IX of 1894]

Note 1. Two forms of punishment only can be combined under this paragraph.

(b) No punishment shall be awarded for any such offence so as to combine, with the punishment awarded for any other such offence, two of the punishments which may not be awarded in combination for such offence.

(1) Formal warning;

(2) Change of labour for a stated period to some more irksome or severe form;

(3) Forfeiture of remission earned, not exceeding four days;

(4) Forfeiture of class, grade, or prison privilege for a period not exceeding three months;

(5) Temporary reduction from a higher to a lower class or grade;

(6) Cellular confinement for not more than 7 days;

(7) Separate confinement for not more than 14 days;

(8) Imposition of handcuffs otherwise than by handcuffing a prisoner behind or to a staple;

(9) Imposition of link-fetters for not more than 30 days.

(1) Hard labour in the case of prisoners not sentenced to rigorous imprisonment;

(2) (a) Forfeiture of remission earned, exceeding 4 but not exceeding 12 days;

(b) Forfeiture of remission earned in excess of 12 days;

(c) Forfeiture of class, grade or prison privileges for a period exceeding 3 months;

(d) Exclusion from the remission system for a period not exceeding 3 months;

(e) Exclusion from the remission system for a period exceeding 3 months;

(f) Permanent reduction from a higher to a lower class or grade;

(3) Cellular confinement for a period exceeding 7 days;

(4) Separate confinement for a period exceeding 14 days;

(5) Link-fetters, if imposed for more than 30 days;

(6) Bar fetters;

(7) Cross bar fetters;

(8) Handcuffing behind or to a staple;

(9) Any combination of major punishments admissible under Section 47 of the Act.

Note 1. - The major punishments 2(b) and 2(a) and any combination of the major punishments 2(b), 2(c) and 2(e) shall not be awarded by the Superintendent of a prison without the previous sanction of the Inspector- General of prisons.

Note 2. - An offence will be considered a minor offence when it is dealt with by a minor punishment, and a serious offence when dealt with by a major punishment. The classification in the annual returns should distinguish between (1) offences dealt with by major punishments and (2) offences dealt with by minor punishments. A combination of minor punishments will be shown under the head of major punishments in the punishment statement.

Note 3. - The following punishments shall not be carried out in combination even when awarded at different times for different offences -

(a) Standing handcuffs with cross-bar fetters, and

(b) Cross bar fetters with bar fetters.

Note 4. - The minor punishment (2) is not to be executed until the Medical Officer declares the prisoner to be fit to undergo the same and make an entry to this effect in the appropriate column of the punishment register.

Chapter XIX

Remission and Reward

(a) Remission System

(i) "prisoner" includes a person committed to prison in default of furnishing security to keep the peace or be of good behaviour and also a person convicted by a Military Court;

(ii) "sentence" means a sentence as finally fixed on appeal, revision or otherwise, and includes an aggregate of more sentences than one and an order of committal to prison in default of furnishing security to keep the peace or be of good behaviour.

(iii) "life convict" means a person sentenced to imprisonment, for life.

(i) Ordinary remission;

(ii) Special remission;

(iii) State Government remission.

(a) Prisoners having a substantive sentence of three months or more;

(b) Prisoners fulfilling the conditions as mentioned in (a) above, but who are unable to participate in institutional activities because of factors beyond their control such as court attendance or frequent transit from one prison to another, to admission as indoor patients in a hospital, including mental hospital, may be granted ordinary remission at the scale earned by the prisoners during the previous month, provided their conduct during the period in question has been good. If the inability referred to above arises soon after admission, ordinary remission.

(c) In case of prisoners who fulfil conditions mentioned at (a) above and who are admitted in hospital as indoor patients or during the periods of their convalescence, ordinary remission may be granted subject to certification by the Medical Officer regarding their bona fides;

(d) Prisoners fulfilling conditions mentioned in (a) above and who have been certified by the Medical Officer as invalid or infirm; .

(e) Prisoners working on conservancy jobs irrespective of the length of their sentence;

(f) Prisoner sentenced to simple imprisonment of three months and more and who volunteer to work and continuously work for atleast one month;

(g) Ordinary remission can be earned throughout a period of imprisonment in lieu of fine which immediately follow and is continued with a substantive sentence of not less than three months;

(h) If a prisoner has not worked for no fault of his own, he should not be debarred from remission for the period. Such remission should, however, be subject to good behaviour and participation in other institutional activities as may be organized by the institution.

(a) two days per month for thoroughly good conduct and scrupulous attention to all prison regulations;

(b) two days per month for industry and the due performance of the daily task imposed;

(a) In respect of substantive sentence of imprisonment of less than three months;

(b) In respect of any sentence passed in default of payment of fine which is not annexed to a term of substantive sentence for which the prisoner is otherwise eligible for remission.

(c) If a prisoner's sentence or total of sentences is reduced on appeal to less than three months, he shall cease to be eligible for ordinary remission and any remission that may have been earned prior to the reduction shall be forfeited;

(d) Prisoners in whose cases the Government or the Inspector-General has ordered that remission should not be granted;

(e) Prisoners who have been removed from the remission system;

(f) Prisoners undergoing jail punishment for the period of punishment;

(g) Prisoners who have been in hospital as indoor patients owing to self-inflicted injuries for such periods as would be decided by the Superintendent;

(h) Prisoners who have taken resort to hunger strike or work strike.

(a) assisting in detecting or preventing breaches of prison discipline or regulations;

(b) success in teaching handicrafts;

(c) special excellence in or greatly increased out-turn of work of good quality;

(d) protecting an officer of the prison from attack;

(e) assisting an officer of the prison in the case of outbreak of fire or similar emergency;

(f) voluntarily undergoing sterilisation or vasectomy operation as the case may be provided that the scale of special remission for this service shall be 30 days and this shall be considered special remission of the State Government.

(g) donating blood to the Blood Bank provided that the scale of special remission for this service shall be fifteen days for each occassion on which blood is donated, and this shall be considered special remission of the State Government.

Note. - No prisoner will be permitted to donate blood unless the Medical Officer certifies that he can donate blood without any danger to his health or life.

(i) Special excellence in, or greatly increased out-turn of good quality;

(ii) Assisting employer in case of out-break of fire or protecting his life or property from theft and other meritorious services.

(i) by the Superintendent to an amount not exceeding thirty days, in one year;

(ii) by the District Probation Officer in the case of prisoners released under the Provisions of the Good Conduct Prisoners' Probational Release Act, 1926, to an amount not exceeding thirty days in one year;

(iii) by the Inspector-General of Prisons for a period not exceeding sixty days in one year.

(b) The State Government remission can be awarded to such prisoners or categories of prisoners as the State Government may decide.

(c) In the case of prisoners who at the time of general grant of State remission are on temporary or emergency release, specific orders of the State Govt, for the award of this remission to such prisoners are necessary.

(d) State Govt, remission will be granted at such scale or such quantum as may be fixed by the State Govt, from time to time.

(e) No ordinary/special remission except Govt, remission can be granted to any prisoner in excess of 2/5 of his sentence.

(b) Rewards

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 5/2 task on weekly parade days). If he weaves 300 metres he will receive one day, and if 312 metres 2 days and so on.

(b) A convict, if passed for medium or light labour, is to be rewarded for the extra work done over and above the task laid down for these classes of labour, respectively, at the rate of one day's 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 days? work - a hard labour task in the case of medium labour man, or a medium labour task in the case of a light labour man.

(c) Use of Books by Prisoners

Chapter XX

Cells and the Treatment of Prisoners Therein

(a) carrying out sentences of solitary confinement ordered on a warrant;

(b) the separate cellular confinement of prisoners as a jail punishment;

(c) the separation of prisoners;

(d) the medical observation and separation of prisoners suspected of malingering, causing sickness or injury to themselves by the use of deleterious substances, or who are suffering or suspected to the suffering from any communicable disease;

(e) the confinement of prisoners condemned to death; and

(f) quarantine.

Chapter XXI

Labour and Jail Industries

(a) if a member of a convalescent or special gang between the hours of 12 noon and 2 P.M. throughout the year;

(b) if not a member of a convalescent or special gang between the hours of 12 Noon and 2 P.M. from the 15th of April to the 15th of September (both days inclusive):

(b) Keeping in view the modem trends in Penalogy reformation and rehabilitation of offenders care should be taken to instal agro-based and other small scale industries so that these can be easily perused, to rehabilate them, after release.