The DELHI PRISONS ACT,2000

DDEELLHHII PPRRIISSOONNSS AACCTT,, 22000000 Published in Delhi Gazette dt. 14th February, 2002 vide Notification No. F-14(28)/LA-2000-2002/101 Delhi Act No.2 of 2002 as passed by the Legislative Assembly of National Capital Territory of Delhi on 23rd November, 2000. Preamble A Bill to provide for the detention of prisoners committed to prison custody and for their reformation and rehabilitation with a view to ensuring safe detention and minimum standards of treatment of prisoners consistent with the principles of dignity of the individuals and for matters connected therewith or incidental thereto. Be it enacted by the Legislative Assembly of the National Capital Territory of Delhi in the Fifty first year of the Republic of India as follows: CHAPTER I PRELIMINARY Title, extent 1. (1) This Act may be called ‘Delhi Prisons Act , 2000’. and (2) It extends to the whole of the National Capital Territory of Delhi. commencem (3) It shall come into force, on such date as the Lieutenant ent Governor of the National Capital Territory of Delhi may, by notification in the official Gazette, appoint. Definitions 2. (1) In this Act, unless the context otherwise requires, (a) ‘Civil Prisoners’ means any prisoner who is not a criminal prisoners; (b) “Competent authority” means any officer having jurisdiction and due legal authority to deal with a particular matter in question; (c) ‘Convicted criminal prisoner’ means any criminal prisoner under sentence of a court or court material, and includes a person detained in prison under the provisions of Chapter VII of the Code of Criminal Procedure, 1973 (2 of 1974); (d) ‘Criminal Prisoner’ means any prisoners duly committed to custody under the writ, warrant or order of any court or authority exercising criminal jurisdiction, or by order of a court martial; (e) Court’ includes a corner and any officer lawfully exercising :2: civil, criminal or revenue jurisdiction; (f) ‘Dangerous prisoner’ means any prisoner who is violently pre- disposed or likely to escape; (g) “ Delhi” means the National Capital Territory of Delhi. (h) ‘Furlough’ means leave as a reward granted to a convicted prisoner who has been sentenced to rigorous imprisonment for five years or more and has undergone three years thereof; (i) “Government” means the Lieutenant Governor referred in article 239AA of the Constitution. (j) ‘History ticket’ means the ticket exhibiting such information as is required in respect of each prisoner by this Act or the Rules there under; (k) ‘Inspector General’ means the Inspector General of Prisons; (l) “Lieutenant Governor” means the administrator of the National Capital Territory of Delhi appointed by the President under Article 239 of the Constitution. (m) ‘Medical Officer’ means a gazetted officer of the Governmental and includes a medical practitioner declared by general or special orders of the Government to be a medical officer. (n) ‘Medical subordinate’ means a qualified medical assistant; (o) ‘Notification’ means a notification published in the Official Gazette; (p) ‘Parole system’ means the system of releasing prisoners from prison on parole by suspension of their sentences in accordance with the rules; (q) ‘Prescribed’ means prescribed by rules; (r) ‘Prison’ means any jail or place used permanently or temporarily under the general or special orders of the Government for the detention of prisoners, and includes all lands, buildings and appurtenances thereto, but does not include; (i) any place for the confinement of prisoners who are exclusively in the custody of police; (ii) any place specially appointed by Government under Section 417 of the code of Criminal Procedure, 1973(2 of 1974); (iii) any place which has been declared by the Government by general of special order to be a special prison. (s) ‘Prohibited article’ means an article, the introduction or removal of which into or out of a prison is prohibited by any rule made under this Act ; (t) Remission System’ means the system or regulating the award of marks to, and the consequent shortening of sentence of, prisoners in prison; (u) ‘Rules’ means a rule for the time being in force, made under or in pursuance of, this Act; :3: (v) “Section” means a section of this Act; (w) ‘Security prisoner’ means any prisoner against who there is a threat from any person; (x) ‘Senior Medical Officers” means a medical officer senior to other medical officers posted in a prison; (y) ‘Subordinate officer’ means every non’Gazetted officer serving in the prison; (z)”‘Superintendent means the officers who is appointed by the Government to be in charge of a prison with such designation as it may specify; ( aa) ‘Young offender’ means a person who has attained the age of sixteen years in case of a boy and eighteen years in case of a girl, but has not attained the age of twenty-one years; (2) Words and expressions used herein and not defined but defined in any other enactment applicable in any Delhi shall have the meanings respectively assigned to them in those enactments :4: CHAPTER II ESTABLISHMENT AND OFFICERS OF PRISONS Accomodation 3. The Government shall provide in its jurisdiction accommodation in In prisons prisons constructed and regulated in such manner as to comply with the requisitions of this Act in respected of the separation of prisoners . SUPERINTENDENT Power of 4. (1) The Government shall, by notification, appoint an Inspector State General of Prisons to be in charge of the administration and Government management of all the prisons, in Delhi, who shall belong to to appoint IAS/IPS service. Inspector (2) The Government may also, by notification, appoint as many General and Additional, Joint, Deputy or Assistant Inspectors General of other Prisons as it may think fit or necessary to assist the Inspector officers General in exercising the powers and performing the functions of and staff the Inspector General under this Act; (3) The Government shall provide the necessary administrative staff in the headquarters and the regional offices of the Inspector General. Inspector 5. (1) The Inspector General shall exercise his powers and perform his General functions under this Act subject to the general supervision and control of the Government, and the other officers appointed under this Act shall work under the general supervision, control and direction of the Inspector General and shall be responsible to him. (2) The Inspection General shall be responsible for the allotment of work to the officers appointed under this Act and may delegate any of his functions to such officers. Officers of 6. For every prison there shall be a Superintendent, a Deputy prisons Superintendent, a Medical Officer, a Law Officer, a Welfare Officer, and such other officers as the Government thinks it necessary. Temporary 7. Whenever it appears to the Inspector General that:- accommodati (a) the number of prisoners in any prison is greater than can on conveniently or safely be kept therein and it is not convenient for prisoners to transfer the excess number to some other prison. (b) from the outbreak of epidemic disease within any prison or for any other reason, it is desirable to provide for the temporary shelter and safe custody of any prisoner; Provision shall be made, by such officer and in such manner as the Government may direct, for the shelter and safe custody in temporary prisons, of so many of the prisoners as cannot conveniently or safely be kept in the prison. :5: CHAPTER III DUTIES OF OFFICERS Control and 8. All officers of a prison shall obey the directions of the duties of Superintendent. All officers subordinate to the Deputy officers of Superintendent shall perform such duties as may be imposed on prisons them by the Deputy Superintendent with the sanction of the Superintendent or be prescribed by rules under Section 71. Officers not 9. (1) No officer of a prison shall sell or let, nor shall any person in to trust or employed by him sell or let, or derive any benefit from have selling or letting, any article to any prisoner or have any money business or other business dealings, directly or indirectly with any dealing with prisoner; prisoners and (2) No officer of a prison shall accept any gift from a prisoner or a others person having any dealings with prison administration. Officers not 10. No officer of a prison nor any person in trust or employed by him, to shall have any interest, direct or indirect, in any contract for the be interested supply to the prisons; nor shall he derive any benefit, directly or in prison indirectly, from the sale or purchase of any article on behalf of contracts the person or belonging to a prisoner. SUPERINTENDENT Superintende 11. (1) Subject to the orders of the Inspector General, the nt Superintendent shall manage the prison in all matters relating to and his discipline, labour, expenditure, punishment and control. residence in prison (2) The Superintendent shall reside in the prison premises unless the Inspector General permits him in writing to reside elsewhere. Records to 12. The Superintendent shall keep or cause to be kept, the following be records:- kept by (1) a register of prisoners admitted; Superintende (2) a book showing when each prisoner is to be released; nt (3) a punishment book for the entry of the punishments inflicted on prisoners for prison offences; (4) a visitors’ book for the entry of any observations made by the visitors touching any matters connected with the administration of the prison; (5) a record of the money and other articles taken from prisoners; and all such other records as may be prescribed by Rules made under Section 71. :6: MEDICAL OFFICER Duties of 13. Subject to the control of the Superintendent, the Medical Officer Medical shall have charge of health and sanitary administration of the Officer prisons and shall perform such duties as may be prescribed by rules made by the Government under Section 71. Medical 14. (1) Whenever the Medical Officer in charge of a prison has Officer to reason to believe that the mind of a prisoner is or is likely to report in be injuriously affected by the discipline or treatment to which certain cases he is subjected, the Medical Officer shall report the case in writing to the Superintendent, together with such observations as he may think proper. (2) The medical officer shall not administer any such medicine to any prisoner without informing him of what is being administered to him. This report, with the orders of the Superintendent thereon, shall forthwith be sent to the Inspector General for information. Report on 15. (1) On the death of any prisoner, the Medical Officer in charge shall death of forthwith record in a register the following particulars, so far as prisoner they can be ascertained, namely : (a) the day on which the deceased first complained of illness or injury or he was observed to be ill or injured; (b) the labour, if any, on which he was engaged on that day; (c) the scale of his diet on that day ; (d) the day on which he was admitted to hospital; (e) the day on which the Medical Officer was first informed of the illness or injury; (f) the nature of the disease and/or injury; (g) when the deceased was last seen before his death by the Medical Officer or Medical subordinate; (h) when the prisoner died; and (i) an account of the appearances after death, together with any special remarks that appear to the Medical Officer to be required. (2) The report of such death shall forthwith be sent to the Superintendent and the Inspector General by the Medical Officer to be required. (3) When the Superintendent or Inspector General receives information that a person has committed suicide, or has been killed by another, or by an accident, or has died under circumstances raising a reasonable suspicion, that some other person has committed an offence, he shall immediately give information thereof to the nearest Executive Magistrate empowered to hold inquests, in accordance with sub section (4) of Sections 174 and 176 of the Code of Criminal procedure, 1973 (2 of 1974) and such Magistrate shall hold an inquiry into cause of death. :7: DEPUTY SUPERINTENDENT Deputy 16. The Deputy Superintendent shall reside in the prison, unless the Superin- Inspector General permits him in writing to reside elsewhere. tndent to reside in prison Deputy 17. Upon the death of a prisoner, Deputy Superintendent shall give Superintende immediate notice thereof to the Superintendent and the medical nt to Officer. give notice of death of prisoners Responsibilit 18. The Deputy Superintendent shall be responsible for the safe custody y of the records to be kept under Section 12 for the commitment of Deputy warrants and all other documents confided to his care, and for the Superintende money and other articles taken from prisoners. nt Deputy 19. The Deputy Superintendent shall not be absent from the prison for a Superintende night without permission in writing from the Superintendent, but, if nt absent without leave for a night from unavoidable necessity, he shall to be present immediately report the fact and the cause of it to the at night Superintendent. Powers of 20. An Assistant Superintendent shall, subject to the orders of the Assistant Superintendent, be competent to perform any of the duties, and be Superintende subject to all the responsibilities of a Deputy superintendent under nts this Act or any rule made thereunder. SUBORDINATE OFFICERS Duties of 21. The officers acting as gatekeeper, or any other officer of the prison gatekeeper may examine any thing carried in or out of the prison, and may stop and search or cause to be searched any person suspected of bringing any prohibited article into or out of the prison, or of carrying out any property belonging to the prison, and, if any such article or property be found, shall give immediately notice thereof to the Deputy Superintendent. Subordinate 22. Officers subordinate to deputy Superintendent shall not be absent officer not to from the prison without leave from the Superintendent or from the be absent Deputy Superintendent. without leave Utilisation of 23. The Superintendent may utilize the service of prisoner, in the services accordance with the rules, for efficient management of the prison. of prisoners :8: CHAPER IV ADMISSION, REMOVAL AND DISCHARGE OF PRISONERS Prisoners to 24. (1) Whenever a prisoner is admitted in prison, he shall be searched, be and all weapons and prohibited articles shall be taken from him. Examined on Admission (2) Every criminal prisoner shall also, after admission, be examined on the same day under the general or special orders of the Medical Officer, who shall enter or cause to be entered in a book, to kept by the Deputy Superintendent, a record of the state of prisoners’ health, and of any wounds or marks on his person, the class of labour he is fit for if sentenced to rigorous imprisonment, and any observations which the Medical Officer thinks fit to add. (3) In the case of a female prisoners, the search shall be carried out by the matron and the medical examination by the Female Medical Officer. Effects of 25. All money or other articles in respect whereof no order of a Prisoners competent court has been made, and which may with proper authority be brought into the prison by any criminal prisoner or brought to the prison for his use, shall be placed in the custody of the Deputy Superintendent. Removal and 26. (1) All prisoners, before being removed to any other prison, shall be Discharge examined by the Medical Officer/Female Officer, as the case may Prisoners be. (2) No prisoner shall be removed from one prison to another unless the Medical Officer/Female Medical Officer certifies that the prisoner is free from any illness rendering him unfit for removal. (3) No prisoner shall be discharged against his will from prison, if labouring under any acute of dangerous distemper, nor until, in the opinion of the Medical Officer/Female Medical Officer, such discharge is safe. (4) The Superintendent may seek orders, as soon as possible, from the court of Chief Metropolitan Magistrate regarding further detention of a prisoner whose release orders have been received in local cases and against whom a production warrant from an outside court has been received by the Superintendent. :9: CHAPER V DISCIPLINE OF PRISONERS Responsibilit 27. The discipline in the prison shall be maintained by the y Superintendent firmly, fairly and in an equitable manner in of accordance with the rules. Superintende nt Separation of 28. The requisitions of this Act with respect to the separation of Prisoners prisoners are as follows : (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 building, in such manner as to prevent their seeing, or conversing with the male prisoners; (2) female prisoners convicted or charged for an offence under the Immoral Traffic (Prevention) Act, 1956 (104 of 1956) for any sexual or other offence involving grave moral depravity, shall be segregated from all other types of female prisoners. (3) 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 sixteen years but are below the age of eighteen years; (4) unconvicted criminal prisoners shall be kept apart from convicted criminal prisoners; (5) civil prisoners shall be kept apart from criminal prisoners. (6) dangerous/security prisoners shall be kept separately; and (7) detenus shall be kept apart. (8) all blood relation prisoner, separated on grounds of different sex, shall be allowed to meet each other once a week in presence of a jail officer. Association 29. Subject to the requirements of the last foregoing section, criminal and prisoners may be confined either in association or individually in segregation cells or partly in one way and partly in the other. of prisoners Prisoners 30. (1) Every prisoner under sentence of death shall, immediately on his under arrival in the prison after sentence, be searched by, or by the sentence order of the Superintendent, and all articles shall be taken from of death him, which the Superintendent deems it dangerous or inexpedient to leave in his possession. (2) Every such prisoner under a finally executable sentence shall be confined in a cell apart from all other prisoners, and shall be placed by day and by night under the charge of a guard. :10: CHAPER VI FOOD, CLOTHING AND BEDDING OF CIVIL PRISONERS Maintenance 31. A civil prisoner shall be permitted to maintain himself, and to of certain purchase, or receive from private sources at proper hours and days prisoners foods, clothing, bedding or other necessaries, but subject to from examination and to such rules as may be approved by the Inspector private General. sources Restriction 32. No part of any food, clothing, bedding or other necessaries on belonging to any civil prisoners and any prisoner transgressing the transfer of provisions of this section shall lose the privilege or purchasing food food or receiving it from private sources, for such time as the and clothing Superintendent thinks proper. between certain prisoners Supply of 33. Every civil prisoner unable to provide himself with sufficient clothing, clothing and bedding and other necessities shall be supplied with such clothing, bedding to bedding and other necessities as may be prescribed in the rules. civil prisoners :11: CHAPER VII EMPLOYMENT OF PRISONERS Employment 34. (1) Civil prisoners may, with the permission of Superintendent, and of subject to such restrictions as the Superintendent may impose, civil work and follow any trade or profession available in prison. prisoners (2) Civil prisoners finding their own implements, and not maintained at the expense of the prison, shall be allowed to receive the whole of their earnings, but the earnings of such as are furnished with implements or are maintained at the determined by the Superintendent for the use of implements and the cost of maintenance. Employment 35. (1) A criminal prisoner desiring to be employed on labour, may be of employed with the permission of the Superintendent subject to criminal such restrictions as may be prescribed in the rules made under prisoners this Act. (2) No criminal prisoner sentenced to labour or employed on labour at his own desire shall, except on an emergency with the sanction in writing of the Superintendent, be kept to labour for more than nine hours in any one day. (3) The Medical Officer shall from time to time examine the labouring prisoners while they are employed, and shall at least once in every fortnight cause to be recorded upon the history ticket of each prisoner employed on labour the weight of the such prisoner at the time. (4) When the Medical Officer is of the opinion that the health of any prisoner suffers from employment on any kind or class of labour, such prisoner shall not be employed on that labour but shall be placed on such other kind of class of labour as the Medical Officer may consider suited for him. Employment 36. Provision shall be made by the Superintendent for the employment of (as long as they so desire) of all criminal prisoners sentenced to criminal simple imprisonment. No such prisoners shall be punished for prisoners neglect of work. sentenced to simple imprisonmen t :12: CHAPER VIII HEALTH OF PRISONERS Sick 37. (1) The names of prisoners desiring to see the Medical Officer or prisoners Medical subordinate or appearing out of health in mind or body shall, without delay, be reported by the officer-in-charge of such prisoners, to the Deputy Superintendent. (2) The Deputy Superintendent shall, without delay, call the attention of medical Officer or medical subordinate to any prisoner desiring to see him, or who is ill, or whose state of mind or body appears to require attention, and shall carry into effect all written directions given by the Medical Officer or Medial subordinate respecting alternation of the discipline or treatment of any such prisoner. Record of 38. All directions given by the Medical Officer or Medical subordinate in directions of relation to any prisoner, with the exception or orders for the supply Medical of medicines, or directions relating to such matters as are carried Officer into effect by the Medical Officer himself or under his superintendence, shall be entered day by day in the prisoner’s history ticket, or in such other records as the Government may be rule direct, and the Deputy Superintendent shall make an entry in its proper place stating in respect of each direction the fact of its having been or not having been complied with, accompanied by such observations, if any, as the Deputy Superintendent thinks fits to make, and the date of the entry. Hospital 39. In every prison a hospital/dispensary or proper place for the reception of sick prisoners shall be provided. :13: CHAPER IX INTERVIEWS AND LETTERS Interviews 40. Due provision shall be made for the admission, at proper time and days and under proper restrictions, into every prison of person with whom prisoners may desire to communicate, care being taken that so far as may be consistent with the interest of justice, prisoners may see their duly authorized and qualified legal practitioner without the presence of any other person. Search of 41. (1) The Deputy Superintendent may demand the name and address visitors of any visitor to a prisoner, and when the Deputy Superintendent has any ground for suspicion, may search any visitor, or cause him to be searched, but the search shall not be made in the presence of any prisoner or of another visitor. (2) In case of any such visitor refusing to permit himself to be searched, the Deputy Superintendent may deny him admission and the grounds of such record as the Government may direct. Letters 42. (1) A prisoner shall have the facility of writing such number of letters to his relatives and friends as may be prescribed. (2) A prisoner may be allowed to write any number of letters at his cost. (3) The Superintendent shall examine every letter written by a prisoner and may ask the prisoner concerned to delete any portion of the letter which, in his opinion, is likely to endanger the security of the State or prison or contains false information about the affairs of the prison. (4) The Superintendent shall examine every letter sent to any prisoner from outside and delete any portion thereof which, in his opinion, is likely to endanger the security of the State or prison before it is delivered to the prisoner. (5) The facility of writing letters is contingent on good conduct and may be withdrawn or postponed by the Superintendent on bad conduct. :14: CHAPER X OFFENCES IN RELATION TO PRISONS Penalty for 43. Whoever, contrary to any rule under section 71 introduces or introduction removes or attempts by any means whatever to introduce or or remove, into or from any prison, or supplies or attempts to supply to removal of, any prisoner outside the limits of a prison, any prohibited article, into or from and every officer or member of staff of a prison who, contrary to any prison and such rule, knowingly suffers any such article to be introduced into or communicati removed from any prison, to be possessed by any prisoner, or to be on supplied to any prisoner outside the limits of a prison, and whoever, with contrary to any such rule, communicates or attempts to prisoners communicate with any prisoner, and whoever abets any offence made punishable by this section, shall, on conviction before a Magistrate, be liable to imprisonment for a term not exceeding six months, or to fine not exceeding six months, or to fine not exceeding ten thousand rupees, or to both. Power to 44. When any person, in the presence of any officer of a prison, commits arrest any offence specified in the last foregoing Section and refuses on for offence demand of such officer to state his name and residence or gives a under name or residence, which such officer knows or has reason to Section 43 believe, to be false, such officer may arrest him, and shall without unnecessary delay make him over to a police officer and thereupon such police officer shall proceed as if the offence had been committed in his presence. Publication 45. The Superintendent shall cause to be affixed, in a conspicuous place of outside the prison, a notice in official languages of the Delhi setting penalties forth the acts prohibited under Section 43 and the penalties incurred by their commission. :15: CHAPER XI PRISON OFFENCES Prison 46. The following acts are declared to be prison offences when offences committed by a prisoner: (1) such willful disobedience to any regulation of the prison as shall have been declared by rules made under Section 71 to be a prison offence; (2) any assault or use of criminal force; (3) willfully injuries himself; (4) the use of insulting or threatening language; (5) immoral or indecent or disorderly behaviour; (6) willfully disabling himself from labour; (7) contumaciously refusing to work; (8) filling, cutting, altering or removing handcuffs, fetters or bars without due authority; (9) willful idleness or negligence of work by any prisoner sentenced to rigorous imprisonment; (10) willful mismanagement of work by any prisoner sentenced to rigorous imprisonment; (11) willful damage to prison property; (12) tampering with or defacing history tickets records or documents; (13) receiving, possessing or transferring any prohibited article; (14) feigning illness; (15) willfully bringing a false accusation against any officer or prisoner; (16) 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; (17) conspiring to escape, or to assist in escaping; (18) converting or attempting to convert a prisoner to a different religious faith or willfully hurting other religious feelings, beliefs and faith; (19) failing to assist, or preventing other persons from assisting prison officials in suppressing violence, assault, riot, mutiny, attack, gross personal violence or in any other emergencies; (20) sending messages surreptitiously by writing or speech or signs; (21) participating in any riot or mutiny or abetting with another prisoner or prisoners to commit riot or mutiny; (22) stealing, damaging, destroying, disfiguring or misappropriating any prison property or prisoners articles and property; (23) refusing to eat food or going on hunger strike; Provided that this shall not be applicable to male/Female prisoners on religious grounds and all possible facilities shall be :16: extended to such prisoners in performance of their religious obligations. (24) cooking unauthorisedly inside the cell or any place inside the prison; (25) participating in, or organizing of, unauthorized activities, like gambling, drinking, dealing in intoxicated articles and the like; (26) aiding or abetting the commission of any of the aforesaid offences; and, (27) any other unauthorized, unlawful or illegal act as may be specified in the rules. Punishment 47. (1) The Superintendent may himself conduct or authorize an officer of not below the rank of Deputy Superintendent to conduct an such prison inquiry inside the prison of any person alleged to have offences committed an offence specified in Section 46 and impose any of the following punishments:- (a) a formal warning, which shall be personally addressed to the prisoner by the Superintendent and recorded in the punishment book; (b) forfeiture of remission upto a period of thirty days at any one time or, with the approval of the Inspector General remove a prisoner from the remission system upto a period of six months; Provided that the Inspector General shall have power to forfeit all earned remissions, other than remissions given by the Government, or to remove a prisoner from the remission system for the entire period of his imprisonment; (c) stoppage of recreational facilities upto a period of one month or canteen facilities for a period of three months or stoppage of interviews for a period of one month; (d) in case of breaches and violations in conditions of release on parole or furlough, not counting the said period towards imprisonment (e) segregation upto a period of three months, and with the sanction of the Inspector General, upto a period of six months; (f) separate confinement upto a period of one month at a time, and with the sanction of the Inspector General upto a period of three months subject to such conditions as may be prescribed. Explanation: Separate confinement means such confinement with or without labour as schedule a prisoner from communication with, but not from sight of other prisoners, and allows him not less than one hour’s exercise per day and to have his meals in association with one or more other prisoners. (g) Cellular confinement for any period not exceeding fourteen :17: days with the approval of Inspector General Provided that, after each period of cellular confinement, and a interval of not less duration than such period must clause before the prisoner is again sentenced to cellular confinement. Explanation: Cellular confinement means such confinement with or without labour as entirely secludes a prisoner from communication with, but not from sight of, other prisoners. (2) While undergoing any of the punishments awarded under sub- Section (1) above, the following privileges may, however, be extended to the prisoners, namely (a) provision of letters and supply of religious and moral books as far as the rules of the prison provide; (b) interviews with members of family of the prisoner may be granted in accordance with rules by the Superintendent except in case of punishment under clause (C) of sub section 1 above. Limitation to 48. (1) The Superintendent shall have power to award any of the Award of punishments enumerated above provided in the case of separate punishment confinement for a period exceeding one month, the previous under confirmation of the Inspector General shall be obtained. Section 47 (2) No officer subordinate to the Superintendent shall have power to award any punishment whatsoever. (3) No punishment shall be imposed without judicial appraisal of Sessions Judge and where such intimation, on account of emergency, is difficult, such information shall be given within two days of the action. (4) Any incident of serious or repeated misconduct by a prisoner facing trial may be intimated by the Superintendent to the trial court. Punishments 49. Except by order of a Court of Law, no punishment other than the to punishments specified in the foregoing Sections shall be inflicted on be in any prisoner otherwise than in accordance with the provisions of accordance those Sections. with foregoing sections Entries in 50. (1) In the punishment book prescribed in Section 12, there shall be punishment recorded, in respect of every punishment inflicted, the prisoner’s book name, register number and the class (whether habitual or not) to which he belongs the prison offence of which he was guilty, the date on which such prison offence was committed, the number of previous prison offences recorded against the prisoner, and the date of his last prison offence, the punishment awarded, and the date of infliction. (2) In the case of every serious prison offence, the names of :18: witnesses and substance of their evidence, the defence of the prisoner, and the finding with the reasons therefore, shall be recorded. (3) Against the entries relating to each punishment, the Deputy Superintendent and Superintendent shall affix their initials and evidence of the correctness of the entries. Procedure on 51. (1) If any prisoner is guilty of any offence against prison discipline committal of which, by reason of his having frequently committed such heinous offences or otherwise in the opinion of the Superintendent, is not offence adequately punishable by the infliction of any punishment, which he has power under this Act to award, the Superintendent may forward such prisoner to the Court of Chief Metropolitan Magistrate or of any Metropolitan Magistrate having jurisdiction, together with a statement of the circumstances, and such Magistrate shall thereupon inquire into and try the charge so brought against the prisoners, and upon, conviction, may sentence him to imprisonment which may extend to one year, such term to be in addition to any term for which such prisoner was undergoing imprisonment when he committed such offence, or may sentence him to any of the punishments enumerated in Section 47; Provided that any such case may be transferred for inquiry and trial by the Chief Metropolitan Magistrate to any Metropolitan Magistrate. (2) No person shall under sub-section (1) above be punished twice for the same offence. Offences by 52. (1) Every Deputy Superintendent or officer of a prison subordinate to prison him who shall be guilty of any violation of duty or willful breach, subordinates or neglect of any rule or regulation or lawful order made by competent authority, or who shall withdraw from the duties of his office without permission, or who shall willfully overstay any leave granted to him, or who shall engage without authority in any employment other than his prison duty, or who shall be guilty of cowardice, shall be liable, on conviction before a magistrate, to a fine not exceeding ten thousand rupees, or to imprisonment for a period not exceeding six months or to both. (2) No person under sub section (1) above shall be punished twice for the same offence. Procedure 53. (1) No prisoner shall be awarded any punishment under Section 47 for unless he has been informed of the offence alleged against him conducting and given a reasonable opportunity of being heard in his enquiries for defence; the award of (2) No prisoner shall be punished twice for the same offence; punishment (3) Subject to the provisions of sub-section (1) and (2) above, the Superintendent may follow such procedure, for the holding of inquiries, including framing of charges against a prisoner, segregation of prisoners pending inquiry, medical examination in case of inquiries, conduct of the inquiry and other matters :19: regarding requests for appeal or revision, as may be prescribed; (4) Where the act of the prisoner is an offence punishable under this Act and under the Indian Penal Code 1860 (45 of 1860) or any local or special enactments, it shall be in the discretion of the Superintendent to deal with the case himself or send it to the concerned Magistrate. Provided that where the offence committed is a cognizable offence punishable with imprisonment for a term of three years or above, he shall initiate proceedings for the offender. Punishment 54. (1) Where any prisoner fails without sufficient cause to observe any for not of the conditions on, or subject to, which his sentence was fulfilling remitted or suspended, or he was released on parole or furlough, conditions the competent authority may cancel such order granting subject to remission, suspension, or parole or furlough, and which (a) if the prisoner is at large, he shall be arrested by any police remission, officer without a warrant and remanded to undergo the etc unexpired portion of his sentence; and was given (b) shall, on conviction by a Court, be punishable, in addition to the sentence he is undergoing, with imprisonment for a term which may extend to two years or with fine or with both. (2) No court shall take cognizance of an offence punishable sub- section (1) except with the previous sanction of the Government or the authority which ordered the suspension remission, parole, or furlough, as the case may be. :20: CHAPER XII SAFE CUSTODY AND SECURITY OF PRISONERS Liability to 55. (1) The Superintendent shall be responsible to undertake effective provide safe measures to ensure safe custody and security of prisoners. custody and security of prisoners Confinement (2) Whenever the Superintendent has reason to believe that a in iron with prisoner is likely to jump prison or break out of the custody in the view of his proneness to violence or his tendency to escape of his permission being so dangerous or desperate that no other practicable way of of the court preventing his escape is available except by confining him in irons, he may so confine him with the permission of the court. Use of (3) In emergent situations, it shall be open to the Superintendent to handcuffs use handcuffs and fetters to secure any prisoner for reasons to and fetters be recorded in writing and under intimation to the District and in emergent Sessions Judge within twenty four hours of using such handcuffs situations or fetters. Prisoner 56. No handcuffs and fetters shall be imposed in respect of :- exempted (i) Female prisoner; from (ii) Civil prisoners; and imposition of (iii) Prisoner who are aged, physically infirm or seriously ill. handcuffs and fetters :21: CHAPER XIII MISCELLANEOUS Redressal of 57. (1) For the purpose of receiving grievances from the prisoners and grievances of for the redressal of any such grievance, a Grievance Redressal prisoners Committee may be appointed for each prison with the following namely: (a) Superintendent : Chairman (b) Deputy Superintendent : Member (c) Medical Officer : Member (d) Welfare Officer : Member (2) The Grievance Redressal Committee shall meet at least once a month to deal with petitions and representations from prisoners and it shall follow such procedure for the examination of such petitions or representations as may be prescribed. (3) Any prisoner aggrieved by the decision of the Grievance Redressal Committee may appeal to the Deputy Inspector General within thirty days from the date of communication of such decision. (4) Notwithstanding anything here in before contained, every prisoner shall be afforded full opportunity to make a complaint to the Inspector General or the District and Sessions Judge, who shall prescribe a mechanism for the redressal of such complaints. (5) There shall be a Prison Advisory Board to advise the Govt. on the general governance of the Jail in the manner as prescribed in rules. Prohibition 58. No person employed in the prison shall have any right to form any of strikes union or join any such union either inside or outside the prison for etc. any purpose or for making or pressing any demands to strike or start or continue any agitation inside the prison for achieving any request or demand. Extramural 59. A prisoner, when being taken to or from any prison in which he may custody, be lawfully confined, or whenever he is working outside or is control and otherwise beyond the limits of any such prison in or under the lawful employment custody or control of a prison officer belonging to such prison, shall of prisoners be deemed to be in prison and shall be subject to all directions and discipline as if he were actually in prison. Review of 60. (1) The Government shall caused to be reviewed the cases of under cases of trial prisoners detained in the prison for more than one year or in criminal case when the detention is more than half of the maximum prisoners punishment for the offence provided under the law. (2) The Government shall ensure that no under trial is detained in prison for a period exceeding the maximum period of punishment provided for the offence/offences as the case mey be for which he has been detained. :22: Use of 61. (1) For controlling any incident of rioting, any officer of the prison Minimum shall use as little force, and do as little injury to a person as may force be consistent with restoring order and detaining such person. (2) Any officer of the prison may use minimum force against any prisoner escaping or attempting to escape, or using violence against any official of the prison or any other person. Legal aid 62. The Government shall endeavor to provide free legal aid for the prisoners. Rehabilitatio 63. The Government shall endeavor to undertake measures towards the n of rehabilitation of prisoners. prisoners Persons of 64. No person of unsound mind other than a criminal shall be kept in the unsound prison. mind Protective 65. No person entitled to protective custody shall be kept in the prison. custody Accounts and 66. The accounts of every prison shall be maintained and audited in audit such manner as may be prescribed by the Government. Training of 67. (1) The Government shall provide training to all prison officials to prison refresh them about the responsibilities and rights o prisoners. officials (2) The duration and syllabus of such training shall be prescribed by the Government. Delegation of 68. Any of the powers conferred by this Act on the State Government Powers may be exercised and performed by such officers as the State Government may designate in this behalf. Exercise of 69. All or any of the powers and duties conferred and imposed by this powers of Act on a Superintendent or Medical Officer may in his absence, be exercised and performed by such other officers as the Government Superintende may appoint in this behalf either by name or by his official nt and designation. Medical Officer Protection of 70 No suit, prosecution or other legal proceeding shall lie against the action taken Government or any functionary of the Government in respect of in good faith anything which is done or intended to be done in good faith in pursuance of this Act or the rules made or orders or directions issued thereunder or acting in accordance with the provisions of Sub-section (1) and (20) of section 60. Powers of 71. (1)The Government may make rules generally to carry out the Government Provisions of this Act. to (2)In particular and without prejudice to the generality of the make rules foregoing power, such rules may provide for all or any of the following matters, namely:- (i) Defining the acts which shall constitute prison offences; (ii) determining the classification of prison offences into serious and minor offences; :23: (iii) fixing the punishments admissible under this Act which shall be awardable for commission of prison offences or classes thereof; (iv) declaring the circumstances in which acts constituting both a prison offence and an offence under the Indian Penal code 1860(45 of 1860) may or may not be dealt with as a prison offence; (v) for the award of marks and the shortening of sentence; (vi) regulating the use of force against any prisoner or body of prisoners in the case of a riot, outbreak or attempt to escape; (vii) defining the circumstances and regulating the conditions under which prisoners in danger of death may be released; (viii)for the classification of prisons, and description and construction of wards, cells and other places of detention; (ix) for the regulation by numbers, length of character of sentence, or otherwise, of the prisoners to be confined in each class of prisons; (x) for the governance of prisons and for the appointment of officer under this Act; (xi) as to the food, bedding and clothing of criminal prisoners and of civil prisoners maintained otherwise than at their own cost; (xii) for the employment, instruction and control of convicts within or without prisons; (xiii)for defining articles the introduction or removal of which into or out of prisons without due authority is prohibited; (xv) for regulating the disposal of the proceeds of the employment of prisoners; (xvi)for adopting measures to bring about coordination between various departments of the Government for upkeep, maintenance, welfare of the prisoners and for dealing with contingencies; (xvii)for the classification and the separation of prisoner; (xviii)for regulating the confinement of convicted criminal prisoners under Section 29; (xix)for the preparation and maintenance of history tickets; (xx) for rewards for good conduct; (xxi)for regulating the transfer of prisoners whose term of imprisonment is about to expire subject, however, to the consent of the Government or any other State or Union Territory to which a prisoner is to be transferred; (xxii)for the treatment, transfer and disposal of mentally ill criminals confined in prisons; (xxiii)for regulating the transmission of appeals and petitions from prisoners and the communication with their friends; (xxiv)for the appointment and guidance of visitors of prisons; (xxv)for extending any or all of the provisions of this Act and of the Rules thereunder to the subsidiary prisons or special places of confinement appointed under Section 417 of the Code of Criminal :24: Procedure, 1973,(2 of 1974) and to the officers employed, and the prisoners confined, therein; (xxvi)in regard to the admission, custody, employment, diet, treatment and release of prisoners; (xxvii)for periodic review of cases of criminal prisoners detained in prison for more than one year and in cases when the detention is more than half of the maximum punishment for the offence; (xxviii)for providing legal aid to prisoners; (xxix)for recruitment, training, conduct punishment and appeal relating to the officials of the prisons; (xxx)for grant of parole, furlough and leave to prisoners; (xxxi)for the temporary release, suspension and remission of sentence of prisoners;

and (xxxii)generally for carrying into effect the purpose of this Act (3) Every rule made by the Government under this Act Shall be laid, as soon as may be after it is made, before the House of the Legislative Assembly of Delhi while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive session, and if, before the expiry of the session immediately following the session or the successive session aforesaid, the House agrees in making any modification in the rule or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effects as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. Exhibition of 72. Copies of Rules under Section 71 so far as they affect the copies of governance of prisoners, shall be exhibited both in English and Rules official languages of the Delhi in some place to which all persons employed within the prison have access. Repeal and 73. (1) The Prisons Act, 1894 (IX of 1894) in its application to Delhi is savings hereby repealed. (2) Notwithstanding the repeal by this Act of the Prisons Act, 1894 referred to in sub-section (1) above, all rules, regulations orders, directions, notifications relating to the prison administration in Delhi, made under the prisons act, 1894 and in force immediately before the commencement of this Act shall, except where and so far as they are inconsistent with or repugnant to the provisions of this Act, continue in force until altered, amended or repealed by rules made under this Act. Power to 74. (1) If any difficulty arises in giving effect to any of the provisions of this Act, remove the Government may, by order published in the Official Gazette, make difficulties such provisions or take such measures, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after expiry of a period of three years from the date of commencement of this Act (2) The Government may make an order under sub-section(1) to have effect from any date not earlier than the date of commencement of this Act. :25: (3) An order made under sub-section(1) shall be laid, as soon as may be after it is made, before the House of Legislative Assembly of Delhi This bill has been passed by the Legislative Assembly of the National Capital Territory of Delhi on the 23rd day of November, 2000. (CH.PREM SINGH) Speaker, Legislative Assembly of the National Capital Territory of Delhi. DELHI Dated the 23rd November,2000 I reserve the Bill for the consideration of the President. (Vijai Kapoor) Lieutenant Governor of National Capital Territory of Delhi (K. R. Narayanan) PRESIDENT OF INDIA Dated 28.01.2002.