The SIKKIM PRISIONS ACT,2007

EXTH#.OFiD!N!':;HY PU8LISH1:':D BY ,o..UTHOBnTV GOVEFll\lMENT OF :;IKKIM LAW DEPll.RTMENT No, '16/LO/2007 [)ate: 16.'10,2007' NOTIFIC/\TION The 10110'l"lngAct of the Sikkirn Legislative Assembly having received the assent of the Governor 011 19111 clay September, 2007 is hereby published for general inforrnatiorr- H'IE SlI'O<:lMPRISONS ACT, 2007 Ukt No.'jf) of2007) i~N t\CT to provide for a law regulating the prisons in Sikl~inl. 8$ it enacted by the Legislature of Slkkim in the Fifty-eig~ltil Year of the Reput11ic of India as foliows: - Ci'll~PTEFI i Stiort. title, t. (1) This Act may be called tile Sikkim Prisons Act, 2007 E:xtent and (2) It extends to the whole of Sikkirn: commencement (3) Itshall come into terce on such date asthe State Government may, by notification, inthe official gazette appoint. Definilions. 2, In this ACi, unless the context otherwise requires: - (a) "civil prisoner" means any prisoner who is not acriminal prisoner; (b) "Competent authority" means any officer having jurisdiction and legal authority to deal with 8.particular matter inquestion; (c) "convicted criminal prisoner" means any criminal prisoner under sentence of court or court-martial, and includes ct person detained inprison under 11-18 provision ofCode of Criminal Procedure, 'j973; (d) "Califf' includes any officer lawfully exercisinq civil, crimina! or revenue jurisdiction; (e) "criminal prisoner" means any prisoner duly committed to custody under the writ, warrant or order 0";any court orauthority exercising crimina] jurisdiction. or by order of acourt-martial; (f) "Central Jail" means any prison inwhich criminal convicted prisoners are received, for the purpose of undelgoing their sentences, by transfer from any other jail and in which such prisoners are not,when committed toprison, inthe firstinstance ordinarily received; (g) "Deputy Inspector General or Sr.Superintencient of Prisons" (hereaner reterrec as DIG I SI',S,P,) means the Head ofthe Prison, whoever is appointed by the Government; (h) "district jail" means any prison to which prisoners trorn one or more district are in tile first instance, ordinarily committed and includes every jail other than a Central Jail Of a special Jail; (i) "detenu" means any person ordered (0 be detained and committed to a place of detention in the State lJ)1 any authority actinq in exercise of the powers conferred by such Act in the State: (j) "habitual oltendcrs" means a person .- WIIOduring any continuous period of five years whether before or after the commencement of the Act, has been convicted and sentenced to imprisonment more than twice on account of the flillovvin£j offences: - (i) Offence mentioned in Chapter XII of the IPC, 1860 (Act. 45 of 'ISoO) (ii) Offence punishable under the followin~J section 0'[ the IPC (Act, 45 of 1860) Uh379,380, 381,382,384,385, 386,387,392,393,394, 395, 396,397,398,399,400,402,406,407,409,411,412,413,414,416, L!'17, L120, 421, 423, 436, 468 and 498 (1-\). (k) "history-ticket" means ticket exhibitin~J such information as is required in respect of each prisoner by this i~ct or the rules made there under; (I) "imprisonment" may be of two descriptions - (a) rigorous i.e. with hard labour and (b) simple without hard labour; (rn) "Inmates" means any person kept in an institution; (n) "institution" means a place where offenders are kept; (0) "Government" means the State Government of Sikkim; (p) "Jail Manual" means the manual for the Superintendence and rnanaqernent of Jail in H18State of Sikkirn: (q) "Medical Officer" means a doctor designated as such and appointed under this Act; "offender" means a person who is accused of having committed an offence punishable under tile law: (s) "offence" means any act or omission made nurushabte by any law for the time beinq in force and shall also mean any act or omission contrary to the provisions of law, which has been made punishable; (t) "proh'bited article" means an article which cannot be introducecl or removed into or out of prison under this Act and rules framed thereunder; (u) "place of detention" means a Jailor ether place in the State in which a detenu is ordered to be detained; (1/) "prison" means any jailor place used permanently or temporarily under the general or special order of State Government for the detention of prisoners and includes al! lands and buildings appurtenant thereto but does not include- (a) any place [01' the confinement of the prisoner who ar(2exclusively in the custody of trlG police: (b) any place specially declared by the State Governrnent under section 417 of the Code of Criminal Procedure, 1973 or . (c) any place, which has been declared by the State Government by genera! or special order, to be a subsidiary jail. (w) "remission" means the rule for U"18time being in force regulating the award of rnarks to and tile consequent shortening of the sentences of Prisoners in Jail: (x) "rules" means a rule framed under this Act; (y) "Special Jail" means any prison provided for the confinement of a particular class 01' classes of Prisoners and classified as ::;peciai ,Jai! by the Government; (z) "Superintendent" means the Superintendent of the Prisons as may be appointed by the State Government on deputation from Police Department. (aa) "Under Trial Prisoners" means a person who has been committed to prison custody with pending mvesnqanon or trial by a competent authority; CHAPTER i! M,-ClINTENANCE Ar\!O OFFICERS OF PRISON Accommodation 3, The State Government shall provide, for the prisoners in its territory, accommodation in for prisoners. prisons constructed and regulated in such manner as to comply with Hie requisitions of this Act in respect of the separation of prisoners or may set up such other prisons at such place as itmay consider expedient and may in cases set up temporary or special prison, Deputy Inspector 4, The State Government shall appoint Deputy Inspector General or Sr. Superintendent of General or Sr. Prisons as ahead of tile Prison to exercise, subject to the orders of the State Government, S IJperintende nt the general control and superintendence of all prisons in the State, of Prisons, Officers of 5, For every prison them shall be a Superintendent, a Medical Officer, aJailer and such Prisons. other officers as may be appointed by the Government from time to time T e In P 0 r a r y 6, The State Government shall make provision tor the shelter and sate custody in temporary accommodation prisons of as many prisoners as it deems fit, who cannot be conveniently or safety kept for prisoners. in the existinq Prisons, CHAPTER III DUTIES OF OFFICEF~S GENEF1Al Contr,.ol and 7, (I) The Deputy Inspector General or Sr. Superintendent of Prisons shall carry out all duties of prison the instruction and direction of the State Government as may beissued from time to officers, time and all officer subordinate to him shall perform all such duties as may be imposed on them, No officer or stafi of prison shall do or commit any acts of omission or commission that will give undue and illegal benefit to a prisoner and also to the officer or staff, (2) All officers of a prison shall ObF3Y the directions of the Deputy inspector General or Sr. Superintendent of Prisons; all officers subordinate to the Jailer shall perform such duties as may be imposed on them by the Jailer with tile sanction of the Superintendent. Officer not to 8, 1\10 officers of a prison shall sell or let an)' person employed by him sell 01'derive any have business benefit from sellinq or lettin~J, any article to any prisoner or have any money or other dealings with business cJealings, directtv 01'indirectly, with any prisoner. prisoners, Oft1iGers notto l10 9, No officers of a prison shall, nor any person employed by him, have any interest, direct or interested in indirect, in any contract, for the supply of tile prison; nor shall ho derive any benefit, prison contracts. directly or indirectly, from the sale or purchase of any article 011behalf of the prison or belonging to aprisoner, SUPERINTENDENT or Duties 10, (1) Subject to the orders ofthe Depuiy Inspector General /Sr.Superintendent ofPrisons, Superintendent. the Sup81"intendent shall mall ago theprison inall matters reiating todiscipline, labour, expenditure, punishment and contro.. (2) Subject to such general or special directions as may be given by the State Government, the Superintendent of a prison shall obey all orders not inconsistent 3 with this Act or any rule and shall report to the Deputy Inspector General/Sr. Superintendent of Prisons all SUCII orders and the action taken there on. f-iecords to be 11. The Superintendent shall keep, or cause to be kept, the following records: kept by (i) aregister ofprisoners admitted; Superintendent (ii) a book showinq when each prisoner is to be released: (iii) apunishment book for tile entry of the punishments inflicted on prisoners for a prison offences: (iv) a visitor's book tor the entry of any observation made by the visitors touching any matters connected with tile administration of the prison: (v) a record of the money and other articles taken from prisoners and all such other records as may be prescnbeo by rules. MEDICAL OFFICER lViedic;aIOfficer's 1~~. Subject to the control of the Superintendent, the Medical Officer shall have charge of the Duties, sanitary administration ofthe prison and shall perform such duties 3Smay be directed by the Superintendent or as may be prescribed by rules. lViedicai Offb::I' to '13 Whenever the lViedical Officer has reason to believe that the mind of a prisoner is, or is report in certain likely to be, injuriously affected by the discipline or ireatment to which he is subjectecl, cases. the lViedical Officer shall report tile case in writing to the Superintendent, toqether witil such observations as he may think proper. This report, with the orders of the Superintendent thereon, shall forthwith be sent to the Deputy lnspector General or Sr. Superintendent of Prisons for information. Fieport on death 14. On triP death of any prisoner, the Meclical Otticer shall torthwith record in aregister the of prisoner. following particulars, so far as they can hE~ ascertained. namely: - (i) tl18 (jay on which the deceased first complained of illness or was observed 10t:Jeill; (ii) tile day 011which he was admitted to hospital: (iii) \lie day on which tt.e Medical Officer was informed of the illness; (iv) the nature of the disease; (II) when tilG deceased was last S08n before his death by the MeLiical Officer; (vi) when the prisoner died, and (vii) in case where a post mortem examination is made on account of the appearances after death, together with any special remarks that appear to !t'18Medical Otficer to berequired. s JAILE!~S SUBORDINATE OFFICEF1S .Jaiter and his re-15 The Jailer shall reside in the prison unless the Superintendent permits hirn in writing to sponsibtlitles. reside elsewhere. The Jailer shall not leave the prison for aniqht without the permission in ",,,riling from the Superintencient, but ·ifhe has unavoidable circumstances 10 leave the prison for aniqht, heshall take permission trorn the Superintendent. The J<:,iIEdS'ri,}!! directly ne responsible for me safe custody oftrie records: commitment warrants and ail other documents entrusted to him including money and other articles taken from p:i~;c-nE;·rs. Jailer to givQ 16. Upon the death of a prisoner, tt1GJauer shall give imrnediate information tnereot [0 tho notice of death of Superintendent and Medical Officer and to the District Magistrate, The District Magistrate prisoner. on receipt of such lntorrnation shall nolo inquest or cause to hold inquest and if on preliminary inquest has raised suspicion ot some foul play, avideographed post mortem examination shall be conducted. The information of such death shall 1)8 communicated to the National Human Rights Commission within twenty-four hours. Trle Jailer shall collect the relevant documents from the District Magistrate and shall submit to the prison authority without delay. 4- Duties of Sub- 17, Subject totile orders oftile Superintendent, the Sub-Jailer/Assistant Sub-Jailer shall .Iailer / Assistant be competent to perform any duties ofaJailer under this Act or rules made there under, Sub·,Jailer, Duties of Gate 18, The officer actinq asgate-keeper, orany other officer ofthe prison, may examine anything Keeper. carried in01' out of the prison, and may stop and search or cause to be searched any person suspected oftlrin9ing any prohibited article intoor out of the prison, orcarrying out any property t)e!oll~Jingto the prison. and, ifany SUCllarticle or property isfound, shall immediately brin~Jitto the notice of tile .Iailer or any superior Olticer present inthe Prison. Sub 0 rdill ate 19, Officers subordinate tothe Jailer shall not bo absent from Ihe prison without leave from officers not to be the Superintendent 01'trorn lhe .Iailer. absent without leave. Prisoners 20, Prisoners who have been appointed asln-charce ofthe Barracks orcells shall bedeemed appointed as In - to be public servant within the meaning of section 21 of the Indian Penal Code. i860 (45 of char oe of 1860), 8arr3cks rind cells to be public servants, CHAPTER IV ADMISSiON, REMOVAL 1\1\!DDISCHARGE OF PRISONERS Prisoners to be 21, (1) vvhenever a orisoner isadmitted into prison. he shall be searched, andallweapons exarnine d on and prohibited articles Sh811betaken from him, admission. (2) Every criminal prisoner shall also, assoon as possible after admission.be examined uncle, the gerH~I'8101-special orders 01the IVledic:alOffice I',who shall enler or cause 10 be entered in a book. to be kept by tho .Jailer,a record of the stole of prisoner's health, and ofany wounds 01' marks on his person, the class of labour he isfitfor if sentenced to riqorous imprisonment, and any observation which tile) IVieclical(Ji'!ic()r think:; fit to acid, (3) Inthe case of female prisoners the search and examination shall becarried out by the Female .JailWarder and inabsence of Female Jail Wal'cler any female onthe special orders of tile Officer' Oil Duty, (4) ['40prisoners shall Lieadmitted orreleasee!between sunset and sunrise except those prisoners who have been taken tocourts, Effects 0'1 22, All money or other anicles ill respect whereof no order of acompetent court has been prisoners. made, and which may with proper authority be brought into the prison byany criminal' prisoner or sent to the prison for his lise, shall be placed in the custocJy01the Jailer, f~emoval and 23, (1) /)11p1risoners. prior to removal to any other prison, Sfl",11be examined by tile Medical discharqe of Officer, prisoners. (2) [\)0 prisonershall be removed from one prison to anotherunless the Medica! Office!' certifies that the prisoner isfr88 trorn any illn(?ssrenderillrJ him unlit fur removal, CI1APTHl \f DISCIPUf\IE OF PRISONEF1 24 The requisition of this Act with respect to the separation of prisoners are as follows: - ~~epat'ation 01 (i) inaprison containing female aswellasmale prisoner, thefemales shallbeimprisoned prisoners. in separate buildinQ. 01' separate parts of the same building, ill such manner asto prevent their seeing, orconversing 01'holding any intercourse with, the male prisoner: (ii) inaprison where male prisoners under tlie age of eiqhteen are confined, shall be 5 separated from other prisoners and those who have already arrived at the age ot puberty shall also be separated from those who have not attained puberty. (iii) un-convicted Cl'inlinalprisoners shall be kept apart trorn convicted criminal prisoners; ancl (iv) civil prisoners S[13111)1k3ept apart from criminal prisoners. I\S(~Oci3ti0i1 and 25, Subject to the requirement of \tIe fOf'egoing section, convicted criminal prisoners lTIai! segregation of be contineo eitner in the association Oi'individually incells or partly in one way 8nc! partly prisoners. ill the other, ~301it·1.\"Y 26 hio cell shall be used for solitary confinement unless it is furnished with lrle means of r.:oi'!fi'~e:n\r:;nt. (Jilabling the prisoner to ccrnmunicat« at 8.I'IYtime with an officer of the prison, and every prisoner so confined in acell fOl' more Ulan twenty tour hours, whether as apunishment or otherwise, shall be visited at least once 2 day by a Meclical Officer, Prisoners under 27 (1) Every prisoner under sentence of death shall immediately 011his arrival in the prison sentence of be searched by, or by order of, tile Jailer and all articles shall be taken from him, death. which the Jailer deems itdangerous 01' inexpecient to leave in his possession, (2) Every such prisoner shall be confined in a cell away from all other prisoners, and shall be placed under the charge of a guard by day and by night. CHAPTER VI FOOD, CLOT~-i!NG ,Cl,NO SEDD!f\IG FOR CIVIL I~NO UNCOI\lVICTI::D CRlrJHNAL. PRISONEri IViL1intenaiice or 28 A civil prisoner or an un-convicted criminal prisoner shall be permitted to maintain hirnselt, certain prisoners and to purchase, or receive from private SOurCE!S at proper hours, 100c1, clolt'ling, beddinq irom pr lvate or other necessaries, but subject to examination and such other rules as may be prescr:t.l~cj sources. by the Deputy lnspector General / Sr. Superintendent of Prisons. However in case of convicted criminal prisoners thu prison authorities Sl1811provide adequate ciotl,ir,g incIUtj![1~J uniforms and tJflcidill~1~;prescribed under this act or rule framed thereunder. r~esir~Gtionon 29 No part oj 3I'iY toed, clothing, bedc:in~) or other necessaries b()lorr~ing to an)' ci\!iI or transfer of 'i'ood unconvictoc criminal prisoner shall be hired, or sale! toany other prisoner; and any priS0l181 and clothing transgressing the provisions of this section shall lose the privileqe of purchasrnc iood or between certain receiving itfrom private sources, for such tirno as the Superintendent consider appropriate. prisoners. Supply of 30, (1) Every civil prisoner and un-convicted criminal prisoner unable to provide himself clothing and with sufficient clothing anc! bedding shall be supplied by the Superintendent with bedding to civil suchclothinq and bedding as may be necessary. and unconvlctad (2) When any civil prisoner has been committed to prison in execution of a decree in criminal favour of a private person, SUCll person, or [lis representatives, snau, witrun Iorty .. prisoner, - eighthour~:; after the receipt by nirnof demand ill writing, pay to the Supl::'-l'intE:r!dent the cost Gf the clothinq and bedding so supplied to the prisoner; and in detault 01 such payment tile prisoner may be released, CHAPTEI~(V!! [-:!\J1PLOYMENT OF PF~ISONEF~::~ Employment of 31. NoCivil ami under-trial prisoners shall be employed on labour but those c!esirillQ to work civil and under- may be employed wi1l1tne permission 01the Superintendent. trial prisoners. Employment of 32. (1) No criminal prisoners sentenced to rigorous imprisonment at his own desire shall, criminal except on 311 emergency with the sanction in writing of the Superintendent, be kept prisoners. tolabour for more than nine hours inaday. (2) The Medical OffbH from lillie totime examine the laboring prisoners while they are ernployart, and shall at least once inevery Iortnlqht cause to be recorded in the history-tickets the weight of such prisoner employeel on labour. (3) When the Medical Otficer is of tho opinion that the health of the prisoner does noi allow him / her for employment of any kind or class of labour, such prisoner shall not be employed on that labour- but shall be placed on SUCllother kino or class of labour as the Medical Officer m8Y consider suitable for him. Employment of 33. The Superintendent. mall employ all criminal prisoners sentenced to simple imprisonment crimina! Oil labour work but not as punishment for negligent work. prisoners sentenced to simple imprisonment. CHf.\PTER VII! HEALTH OF PRiSONEr~s Medical Care Unit 34. In every prison them shall be a Medical Care Unit or a proper place tor reception of sick prisoners. Sic!~PI·i,soners. 35, (1) The names of prisoners desirlnu to see Meclical Officer or appoarinq out oi health in minr: or body shall, without cielay, be reported by tile officer in immeciate cnarqe of such prisoners to the Jailer. (2) The Jailer shall, without delay, ca!1the attention of the Medical Officer to any prisoners desiring to see him, orwho is ill or whose state of mind O!' body appears to require attention and shall carry into effect all written directions r)iven by the Medical Officer respecting alteration of the discipline or'treatment of any such prisoner. Record of 36. All directions given by the Medical Officer in relation to any prisoner, with the exception of directions of orders for the supply of medicines or directions relating to such matters as are carried fl/iedicalOfficer. into effect by the Medical Officer himself or under [lis superintendence, shall be entered clay bv day into the prisoner's history-ticket or in SUCll other records as the Government may, by rule direct, and the .Jailer shall make an entry in its proper place stating in respect of each direction tile tact of its havinp been or not having complied with, accompanied by such observations, as the Jailer thinks fit to make with the date & time of tile entry. CHf.\PTER IX VISiTS TO F'RISOI\~EF~S \iisitsto clvi I 37. Due provision sllall be made lor the admission, at proper times and under proper restrictions, or and under-tria! I into every prison persons with WhO:Tlcivil or un-convicted crimina! /convicted prisoners convicted. may desire to communicate, care being taken that so far as may be consistent with the prisoners. interests ofjustice, prisoners under trial may see their duly qualilied legal advisors without the preSr')nCt~of any other person. Search of visitor. 38. ("1) The Jailer may dernand the narne and address of any visitor to a prisoner, and, when the .lailer has any ground for suspicion, may search any visitor, or cause 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 Jailer may deny admission; and the ground of such proceedings, with the particutars thereof, shall be entered in such record as the Government may direct. /" CHt\PTEF! X T~iAi'JSFER OF PRISON1.~RS tie8S()m; ~md :'~9 Prisoners rnav be transferred from one prison to another for the folloWlrl9 reasons: " Circumstances (i) for custody and treatment inasuitable institution inaccordance with H1eclassification for Transfer. procedure, (ii) for attendance illcourt for the purpose of standing trial or giving evidence, (iii) on medical grounds, (iv) on humanitarian grounds, illthe interest of their rehabilitation. (v) for post release vigilance by the police, (vi) for providinq essential services, (vii) on qrounds of security, expediency, (viii) to be nearer to his / her horne district, (I>:) for other spacial reasons, F~emova! of 40, Where any person is confined in a prison in a State: " prisoners from a, under sentence of death: or one ~~ta(eto b. under or in lieu of asentence of imprisonment or transportation; or another, c, in default of payment of fine; or (I. in default of 9iving security for keeping the peace; or e, for rnaintaininq gooli behavior; The Government of the State, with the consent of tile Governrnent of any other state, by order, provide for the removal oi the prisoner from that prison to any prison illthe other Stat(3S under ti'!is llct or rule !TJaou thereunder. 41, (1) The following situation shall be handled as emergencies namely: " (i) escape from prison; ernergency (ii) outbreak; basis, (iii) riot; (iv) strike: (v) hunqer strike (individual or mass); (vi) assault; (vii) suicide; (viii) fire; (ix) epidemic; (x) earthquake (xi) terrorist attack IVie~:'jsurcsto 42 Ii Sll811beihE!responsibilirv ofthe Superintendent orany officer present to take sufficient prevent c;nd measures tor pre\!t?!I'1tingand controlling erneroency situations, These measures sllaU include control 811such necessary and immediate actions 2S per !tie naod of trle situation under this /\C{ or rule made mereuncer. (~mergency situation. CH!WTER )(I! EDUC/.\T!C)N OF PRISOI\I1::BS lrnoortance of 43, (1) Education isvital forthe overall development of prisoners, Through education their Education tor outlook, habits and total perspective of life can be changed, Education of prisoners prisoners. benefits the society as well as it leads to their rehabititauon and self-sutticiency. Education reduces the tendency to crime, This would mean less crime, fewer vie tirns, fewer prisoners, more socially productive people, and less expenditure on criminal justice and law enforcement. (2) Life in prison is extremely monotonous. routinised and regimented. The education activities offer opportunity to aprisoner to remove from his mind depressing thoughts leading to relaxation and joy, Reality must be accepted that to confine offenders behind walls, without trying toch3Il(W them throuqh cducation and other activities. is anexpensive foll~1 Objective 44. The objectives behind educational programmes in prisons should be to charmelise behind prisoners' energies into constructive ami creative pursuits, instilling in them a sense of educational confidence, developing amongst them social responsibility and consciousness, fostering programme. arnonqst them habits and attitudes necessary for adjusting in the community, creating amongst \118mall awareness of the futiiity of le8ding a criminal lite::and uplifting them morallv, menially and socially. A comprehensive educational programme shall tie flamed inaccordance to \t,e rcqui rernent as cie,"mecj necessary under this Act or rule made thereunder. CHAPTE.H xru VOCATION/>.L TFiAIi\JI I\lG AND PAOGF!AfV\IVIES Vocational 45. (1) Vocational tralnlnq and work programmes should be treated as essential features of training and the correctional programmes forthe purpose of: - work (i) irnpartinq discipline and work culture among inmates. programmes. (ii) developing right attitudes towards work ane! dignity of labour. (iii) promoting:- (8) physical and mental well-being ofinmates, (b) proper development of mind through intelligent manual labour. (c) spirit of fellowship and a cooperative way of living, and (d) asense of group adjustment. (iv) devolopinq capacity tor sustained hard work. (v) building habits of concentration, steadiness, regularity and exactness of work, (vi) irnpartinq and improving work-skills, (vii) awakeninq tilt," self-confidence and self-reliance of inmates. (viii) trc\ininD and proparinq inmates for achlevinq lasting social readjustment and rehabllitation , (ix) imparting all occupational status and thus creating a sense of economic security among inmates. (x) keeping inmates usefully employed in meaninqlul and productive work, (xi) preventing idteness. indiscipline and disorder amongst them, (xii) maintaining a good level of morale amongst thorn and thus promoting a S81lSe of self-as well as institutional discipline among them. (2) For the purpose to achieve this objective aclear policy for the work programmes and vocational training of prisoners shall be framed under this Act or rule made thereunder. xrv CHAPTER LE,{\.VE .tl.NO SPECifJ.L LEIWE l3e.nefit (Jf l.eave. 46. l.eave and special leave to inmates me progressive measures of correctional services. TI'I8 release of a prisoner on lealj(~ not only S8VE!S him from the evils of incarceration but also enables nirn to maintain social relations wrtn rus family and community. Italso helps him maintain and develop asense of Self-confidence. Continued contacts with family and community sustain in him a hope for life, Objective. 47. The objectives of relpasin9 a prisoner on leave are: - (i) to enable the inmate to maintain continuity with his family life and deal with family matters, (ii) to save him from the evil effects of continuous prison life, (iii) to enable him to maintain and develop his salf-confidence (iv) to enable him to develop constructive hope and active interest in life. 9 Special Leave. 48. (1) Special leave may be granted to <1prisoner in special situations such 3S: - (i) deatil or serious illness of father' / mother / brother / sister / spouse / children. (ii) marriaqe of brother Isister / children. (2) The period spent on leave will becounted as sentence served, while mat spent on special leave will not count 8S such. The period spent all special leave will be treated 3S 'OLItdays' or sentence suspended for all purpose. (3) The manner and procedure, by which, leave or special leave are granted, the category of prisoners eligible tor such leave or special leave and the stipulated conditions thereof shall be in a manner prescribed under this Act or rule made thereunder CHAPTER XV PRE1\M\TURE FiELE!-\SE t\dvantsgeS of 49 The primary objective undertinq premature release is relorrnation of offenders and their good conduct. rehabilitation and integration into the society, while atthe same time ensurinq the protection of society from criminal activities. These two aspects are closely interlinked. Incidental to the same is the conduct, behaviour and performance of prisoners while in prison. These have a bearing on their rehabilitative potential and tne possibility of their' bein9 released by virtue of remission earned by them, or by an order granting them premature rl~lease.Tile most important consideration tor pre-mature release of prisoners is that they have become harmless and useful member of acivilized society. For tile purpose of recornrnendinq the pre-mature release of prisoner a Sentence Review Board should be constituted to advise the Government for release of prisoner and the procedure thereof in aprescribed rnanner under this Act or rule made thereunder CH/;'P'fEn XVI Prison 50 The prison administration shalt keep the female offender in astrictly secluded female administration enclosure. tor female offenders Classification 51. Women prisoners shall be classified and kept separately as under, namely: -: and separation. (i) under-trial prisoners shall be kept completely separated from convictecl offenders, even when their number is small; (ii) habitual prisoners shall be kept separately; (iii) prostitutes and brothel keepers must also be confined separately; i\lotes: - (i) no criminal, or non-criminal, lunatic will be kept in the prison; (ii) no classification of prtsoners shan be allowed 011 groull(ls of soclo-economtc status, caste or class; i-'iestriction on 52 (1) No female prisoner shall, on any pretext, leave or be removed from tile female women enclosure except for release. transfer, or attendance at court, or under the order of prisoners. the superintendent for other legitimate purpose. (;~) I:very female prisoner authorized to leave 118renclosure will ordinarily be accompanied by a female warder trorn the time she leaves till she returns Exclusion of 53 (1) No male shall be permitted to enter the female ward of any prison, at any time, Males. unless he has a legitimate duty to attend therein. No adult male shall enter it at all by night except ill an emergency, and even then only alonq with the female warder. He shan thereafter record a clear report of his visit with the reasons for such visit, and the hour thereof. inhis report book. 11) (2) Male warders and other male staff, acting as escort to lady visitor and officials, shall remain outside the enclosure. (3) Ifat any time a male prison officer or warder enters, or of attempts to enter, any ward or portion of aprison reserved for female prisoners, without proper authority, it shall bo reported to the Suoorintsndsnt forthwith Locks of Female 54 The locks ofenclosure and barracks; where women are confined shall, beditlerent from Enclosures those in use in other' parts of the prisons, so that there is no possibility of keys for locks of other enclosures being misuseo for opening enclosures tor women prisoners. Custody of 55. There shall be round the clock duty of female warders in tile lerna!e enclosures. Female f':'nclosme Search of 56 Women prisoner shall be searched by female warder with due regards to consideration Women of privacy and decency. Prisoners on t),dmission. Pregnancy, 57 When a women prisoner is found, or suspected, to be pregnant at tile time of admission or later, the Medical Officer shall report the fact to the Superintendent Arranqernents S11811be made at the earliest to get her medically examined atthe Government Hospital for ascertaining the state of her health, preqnancy. duration of preonancy and the prob- able date of delivorv. After ascertaining all necessary particulars, a cJetailed report shall be sent to tile Deputy Inspector (30nel'311 Sr. Superintendent of Prisons. Chi~d t3ii'th in 58. (1) !\s far-as possible arranqements for temporary release will be made to enable a Pdson prisoner to deliver chilo outside the prison. (.2) Births in prison shall L18 reqistereo at the local birth registration ofrice. Propel'ty 0'( 59. /~.Iimoney. jew(-olleI'Y, and articles of clothing, received witl: or found Oil ihe person of a jpjornml Pd~;onel". woman prisoner on her admission to the prison, or sent subsequently bv t:lG police, or rsndared by her relatives or Iriends on her behalt prior to her release, 511211be receivecl and taken over by the ,Jailer or other' officer' on duty. A list of all such articles shal! be entereo in the Admission Register andin the convict's warrant and read over to the convict in tho presence of the Jailer who shall countersign the entries in t!'18 register' and in the warrant. Method of storing the prisoner's money or valuables, shall beaccording 10 the generai rules laid down in the Prison Manual. Children of GO. (1) Achild up to six years of age Sf1311 be adrnitteo to prison with his mother if no other Women Prisoner arrangements. tor keeping him with relatives 01' otherwise, can bemade. Children horn in prison may remain witil their mother upio six years of age, if they cannot otherwise be suitably placed. The Medical Officf;r shall determine Irre 39[:; of chil - dron not born in prison for the purpose of this provision. (;!) No child shall be admitted into or retained in prison il'118has attained the age] of six vears. The Superinlen(,j'2n( 511311 inform the Director'ale of Social VV,?lfare about all children of that a\J8 for placinq them ill ahorne run by the Social Wslfme Depart- ment. (3) Children kept under protective custody in a home of the Department of Social IIVel- fare shall be allowed to meet their mother at least once aweek. This apart, any quidetine required on tile subject shall be framed under this Act or rule made thereunder. 11 CHAPTER XV[! BOAFm OF VISITORS Constitution of 61 ("I) The State Government shall, by notification, constitute a Board of Visitors at Board. District I..eveland also St8te Advisorv Board comprising of Official and 1\lon-0f1ici81 members to monitor correctional work in prison, sug~jesting new avenues leading to the Improvement in the correctional work, going into individual or collective qriev- ances of prisoners and providing redressal in consultation with the prison authorities (2) For this purpose a rule sl1<:tilbe framed in a prescribed manner under U'lisAct. CHf.WTE~~XVI1i OFFENCES iN F1EU\. Tl0N 'CO PH1S0NS F'.;)n:}ItV fo!' 62. WI-ioev",r, contrary to any rule introduces or removes or attempts by any means whatever frltrod~J(:tr1H or to introduco or remove, into or from any prison, or supplies or attempts to supply to any removal of prisoner outside the limits of a prison, any prohibited article, and every officer" of a prison prohibited who, contrary to any such rule, knowinqly suffers any such article to be introduced into or articles lnto or removed from any prison, to be possessed by any prisoner, or to be supplied to any from prison and prisoner outside the limits of a prison, and whoever, contrary to any SUCil rule, communi communicate cates or attempts to communicate with any prisoner, and whoever abets any offence with prisoners. made punishable by this section, shall all conviction before a Magistrate, be liable to imprisonment for aterm not excesdinq six months, or fine not exceeding five hundred rupees, 01' with both. Power to arrest 63 When any person in tile presence of any officer of a prison, commits any offence spsci- k~I'oH("::ilce:un del' fiecJin the fOiegoing section, and refuses on demand of such officer to state his name and residence, or Qiv~:sa name or residence wruch such officer knows, .or has reason to beiitNe, to ~)efalse. SUCllolticor may arrest him, and shall without unnecessary delay make 111mOWi (0 a Police Officer, and thereupon suer] Police Officer Sl,211proceed as if the ottenc« had been committed in his presence, Pubiication Of 64 Tr'18 Superintendent shall cause to be affixed ill a conspicuous place outside the prison, penalties a notice in English and the Vernacular settino forth tile acts prohibited under section 65 and the penalties incurred by their commission. CH/.l,PTEn XIX PRISON OFFENCES. Prison Off(~nces, 65. (1) TI18 disctpllne in Prisons has to be maintained with fairness and firmness. It has to cover every aspect of life in the prisons. A punishment for indiscipline has to be balanced in relation to tile gravity of the violation. />, positive approach towards prison discipline involves not only astrict adherence to rules and regulations but also a fair, just and equitable handling of prisoners on the part of U'lO stair. (2) ,<\hertheir admission, all prisoners should be informed ot their rights, duties ano disciplinary requirements inthe prisons, in alanguage understandable tothem This aspect ilia}! be drsprayeo on 2. board accessible to prisoners. (3) The following acts are declared to be prison offences when committed by aprisoner, namely: - . (i) endangering the security and custody of a prison ill any way, by awillful or negligent act and shall include tampering in anyway with prison walls, building, bars, rocks ami keys, lamps or lights or with any other security and custody measures; (ii) doin9 any act calculated to create unnecessary alarm in tile minds of other prisoners; (iii) doinQ 01' omitting to any act with intent to cause to oneself any illness. injury or disability: (iv) omittinq to report the cornrnisslon of ally prison ottence: (v) tll'eaking law and order and discipline; (vi) planninq, instigating, abetting, directly or indirectly, in the commission of any prison offence; 12 (vii) refusing, omitting or conniving to abieJeby standards of behavior, rule": and regulations and lawful instructions and orders; (viii) failin~J to assist in the maintenance of prison discipline; (ix) failing to give assistance 10 a prison official whsn calied to do so; (x) making false, malicious and oroundless: written or verbal complaint against prison officials; (xi) committing nuisance or mischief of any kind; (xii) quarrellinq witl1 other prisoners; (xiii) srnokinq; (xlv) Elttackinq, assaultinq and causinq injuries to Ot!18I-S; (x\/) participaiinq in a riot or mutiny. abettinq another prisoner to do n-185<lITle; (xvi) escaping or at1F:mptinD to escape trorn prison or le~~alcustody 01'faili;lq to i'8P01110 prison officials about attempted escapes; (xviijpossessmq, hiding, smLl~Jgling or atternptinq to smuggle, obtaining, giving or receiving or bartering contraband articles, failing to report to prison officials about contraband articles; (xviii) steal inn / damaging / destroying Idisfiquring Imisappropriating any Government property 01'another prisoners' articles ami property; (xix) failing to report at once any loss, breakage or injury which the prisoner may accidentally have caused, to prison property or implements; , (xx) tampering with or defacing identity cards, records or documents; (xxi) breach of the conditions of leave and emergency release; (xxii) refusing to eat food or going on hunger strike; (xxiii) eating or apportioning any food not assigned to him or taking from or adding to the portions assigned to another prisoner; (xxiv) willfully or negligently destroying or spoiling fooe! or throwing itaway without orders: (xxv) introducing into food or drink any tiling like!y to render it unpalatable; (xxvi) unauthorized cooking; (xxvii) vio!;:rting rules and regulations framed for the systernatic running of the canteen: (xxviii) bal'\c::rinq canteen articles: (xxix) [\eing irile, careless or neglioent at work, retuslnq to wOI-k" malinqerinq, oisturblno other prisoners at work or 11'1 barracks; (xxx) manutacturlnq any article without the knowledge or permission of a prison officer; (xxxi) pertorrninq ally portion oftl18task allotted to another' prisoner or obtaining unauthortzed assistance 01another prisoner in the performance of one's own task; (xxxii) apportioninq to any prisoner any pan of the task to be performed by him / her; (xxxiii) mixing 01'adcling a toreiqn substances to the materials issued for work; (xxxiv) willfully disabtinq hirnselt from labour; (xxxv) converting or atternptinqto convert, a prisoner to a different relioious faith; (xxxvi) willfully hurtinp other's reliqious feeling, beliefs and faiths; (xxxvii) aqitatinq or acting on the basis of caste or religious prejudices, (xxxviii) having any communication, in writing or by word or by signs, without permission, with 81'1youtsider, an under-trial prisoner, detenus, civil prisoner and approvers: (xxxix) sendinq messaqes surreptitiously by writing or verballv: (xl) participating in or orqanizinn unauthorized activities like gambling and iJetting; (xli) using inciecent abusive, insolent, threatenino or improper iar19u2:;)8, br:!ing disrespecttul, making inciecent 01-VUlgar acts Oi' gesturos: (;'dii) soiling Oi i)efcLilin~J any place or article; (,;liii) loi181'in9or lillqering, lealling the appointeo area or work ..group without permission; (x!iv) hilin9 to 2155is!or preventinq another person from assistlno prison otticials in suppressmq violence, assault, riot, mutiny, attack, gross personal violonce or any other ernerqencies; Pun is IiIIIent of 66 (I) No officer other than the Superintendent may examine any person committing SUCrl such offences. offence, and determine thereupon, and punish such offence by: .. (i) aformal warning: .. 13 Explanation: -aformal warninq sflall mean a warning personally addressed to <1 prisoner by the Superintendent and recorded in the punishment book and or11118 prisoner's history-ticket; (ii) change or labour to some more irksome or ~;evor-eform tOI- such period as may bG prescribed by rules made by \1-1(:S; tate Government from time to time; or (iii) hard labour tor a period not e:<ceeding seven days in the case convicted crirnmal prisoners not sentenced to riqorous irnnrisonment: (iv) such loss of privileges admrsslble under tile remission system for the time beinu in force as may be prescribec by rules made by the State Government Irorn time to tirne; (v) separate confinement tor any period not exceeding three months or as specifiecJ b)' the authorized authority. Explanation: separate confinement means SUCll confinement with or without 13tJOur and seciudos a prisoner rrom cornrnunication with, but not from sight of, other prisoner. and aliows him not less than one hour's exercise per di81i1and to have his meals ill association with one or more other prisoners: (vi) Penal diet- that is restriction of diet in such manner o~ncisubject to such conditions reg::miing labour as may IJedetermined by the Deputy inspector Genel'al! Sr. Superintendent of Prisons: Provided that such restriction of diet shall in no case be applied to a prisoner for more than Forry-eioht consecutive hours, and sha!1 not be repeated except for a tresh offence nor untii alter all interval of one week; (2) 1\10prisoner may be punished unless he has been informed of the offence alleged against him and given proper opportunity of presentinq his defense. The competent authority may conduct an inquiry into the case. No prisoner may be punished except in accordance with the terms of laws or :-egulatiorls. (3) I\Joprisoner shall be punished twice for the same offence provided that any security rT18<3SU(<:(',separate confinement) taken tor the Selle custody of a refractory and dangeroLis prison HI'(}I'for preventinq him! rom cornmiuinq mischief or-:;toppage· of privilsqes which ,.Heotherwise admissible to well benaved prisoners only, may 1101be construed as prison punishment for this purpose (6,) The punishment of confinement or-filtigu0 work may not be implemented unless the M",,(iical Officer has examined the prisoner and certified in writir-IQ that he/she is tit to sustain it. The same rules may apply to an)! other punishment ttlat may tJeprejudicial to the physical or mental health of aprisoner, rv'ledici:ll Officer 67 (1) No punishrnent of penal diet, either singly or in combination, or hard labour under clause (v) of sub-section ('I) of section 66 of this Act shall be awarded to any prisoner to CerWy the fitness of until the prisoner has been examined by the MeeJical Officer and has been found fit to undergo the punishment and certiiied accordingly by the Medical Officer in the prisoner tor punishment. appropriate column of the punishment-book prescribed for this purpose, (2) If he considers the prisoner unfit to undergo the punishment, he shall in the iike manner recor-d his opinion inwriting and shall state whether the prisoner is absolutety unfit for punishment of tho kind or whether he considers any modification. (3) In the latter case IlE-) shal: state what extent of punishment he thinks the prisoner car: ullcler\jo without injury to his heattn. f>B Ci) In tile punishment 1)001<to IJeprescribed, every punishment inflicteci shall be r-ecordeci Entries in with the namo of the:prisoners. register number and the class (whether 11alJituai01not) ~'unis,hmEint to which he belongs, tile prison offence of which he was guilty, the date on wnich such pr-ison offence was committed. the number of previous prison offences recorded against the prisoner and the date of his last prison offence, the punishment awaroac and the date of infliction, (2) In the case of every serious prison offellcE!,tile names or tile witnesses provillg trle offence shall be recorded and in case Of offences for which serious punishment is awarded, the Superintendent shall record the substance of tIle evidence of the witnesses, the defence of the prisoner and the finding witn the reasons therefore. (3) Against the entries relating to each punishment the Jailer and the Superintendent shall affix their initials as evidence of the correctness of the entries, Procedure 011 69 If any prisoner is guilty of any offence against prison discipline which, by reason of commission of havil,g been frequently committed or otherwise. in the opinion of Superintendent, is not heinous offence. adequately punishable by the infliction of any punishment which he has power under this Act to award; the Superintendent mall forward such prisoner to the court of any Magis Irate of the first class having jurisdiction, together witn a statement of the circumstances, and such Magistrate shall thereupon inquire into and try the charge so brought against the prisoner, and, upon conviction, may sentence him to imprisonment which may extent to one year, such term to be in addition to any term tor wnich prisoner was underqoinq imprisonment when he committed such offence, or may sentence him to any of the punishment enumerated under this Act; Plovicied that any such case may be transferred for inquiry and trial by such Magis trate to any other Magistrate of first class and that no prisoner shall be punished twice for tile same offence.

Offences by 70 Every Jailer or officer of a prison subordinate to him who shall be guilty of any violation of prison duty 01'willful breach or neglect ofany rule or requlations or lawful order made by competent authority or who shall withdraw from duties without permission or without having given subordinates. previous notice in writing of his intention or who shall willfully overstay any leave granted to him or who shall engage without authority ill any employment other than his prison duty or who shall be Quilty of cowardice, shall be liable ,on conviction before a Magistrate, to a fine not exceeding rupees five hunclred or to imprisonment for a period not exceeding three months or both, CH.APTER XX MISCELLANEOUS " Extramural 71 A prisoner when being taken to or from any prison in which he may be lawfully confined 01' custody, control whenever he is working outside 01' otherwise beyond the limits of any prison in or under and employment the lawful custody or control of a prison officer belonging to such prison, shall be deemed of prisoners. to be in prison. Power to make 72 (1) Tile State Government may make rules consistent witl, tins Act. rules. (2) In particular and without prejudice to the generality of tile foregoing powers, 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; (iii) fixing tile punishment admissible under this Act which shall be awardable for commission of prison offences or classes thereof; (iv) cieclarin£l tile circumstances in which acts constituting both a prison offence and an offence under tile Indian Penal Code mayor may not be dealt with 8S 2 prison offence; (\I) for the aW21'd of marks and the shortonlnp of sentences; (vi) regulating the use of arms against any prisoner or body of prisoners in case of an outbreak or attempt to escape: (vii) defining the circumstances and regulating the conditions under which prisoners in serious hearth conditions may be released; (viii) for classification of prisons and description and construction of wards, cells and other places of detention: 15 (ix) for-requlation by numbers. lenqth or character of sentences or otherwise, of tile prisoners to be confined in each class of prison; (x) any subject matter relating to PI-iSOIlSand for the appointment of officers ap pointed under this Act; (xi) as to food, bedding and clothing of criminal prisoners and of civil prisoners maintained otherwise than at their own cost; (xii) for the employment. instructions and control of convicts within or-without prisons; (xiii) tor defining the articles introduction or removal of which into or out of prisons without due authority and prohibition thereof: (xiv) for classifymg and prescribing the forms of labour and regulating tne periods of rest from labour; (xv) for regul8ting tile disposal of proceedings of the employment of prisoners; (xvi) for the classification and separation of prisoners; (xvii) for requlatinq the confinement of convicted criminal prisoners Linder section 26; (xviii) for th(opreparation and maintenance of history tickets; (xix) for tile selection and appointment of prisoners as officers of prison; (xx) for rewards for good conduct; (xxi) for regulating the transfer of prisoners whose term of transportation or imprisonment is about to expire subject, however, to the consent of the State Government of any other State to which a prisoner is to be transterred: (xxii) for the treatment, transfer and disposal of criminal lunatics or recovered criminal lunatics confined in prisons; (xxiii) for regulating the transmission of appeals and petitions from prisoners and their communications with their friends: (xxiv) for tile appointment and guidance of visitors of prisoners; (xxv) for extendinq any or all of the provisions of this Act and of the rules framed there-under to subsidiary jails or special places of confinement appointed under rules and officers employed and the prisoners confined therein; (xxvi) inl'egard to the admission, ernerqencies. education of prisoners, vocational training and proqrarnmes, leave and special leave, women prisoner, Board of Visitors, custody, employment, dieting, treatment and premature release of prisoners: and generally carrying into effects the purposes of this Act Exhibition of 73. Copies of rules shall be exhibited both in English and in the Vernacular in some place to copies or rules, which all the persons employed within a prison have access, E.xer(;js(~of 74, Allor any of the powers and duties conferred and imposed by this Act on the Deputy powers; of Inspector General! Sr. Superintendent of Prisons, Superintendant or Medict,dOiflc'~r Superintendent may in his absence be exercised ami performed by such other officer as tile State and Medical or-nce!'. Government may appoint on his behalf either by name or by his official designation, Protection of 75, No suit, prosecution or other legal proceedings shall lie against any officer or staff of the actions taken in prison for executing any Older made by the competent authority or in respect of anythinq good i;aith, which is done in good faith or intended to be done by such officer or staff or person under this Act or any rules or order made there-under, 16 Val idati on of 76 Notwitllstanding anything contained inany other laws 01' rules or orders for the time being ,<'\cIsand Savinq. in force and any action taken in PUI'SlJ8nt to such laws 01' rules or order in so far as they are not in consistent with the provisions of this Act, the same shall be deemed to have been validly made or done under this Act as ifthis Act was in force at all tile material time when such actions 01' orders were taken or made. Power of Prison 77. During emergent situation involving security 0;'prisons and natural calamity such as OWcers during landslide, epidemic, etc. the Deputy Inspector General / SI'. Superintendent of Prisons emergency. and Supermtendent shall havethe powers to request any Depar'tillent to provide; facilities Drservices tor tile maintenance; and upkeep of prisoners. On receipt of such a request. it shall be the dutv of the Department concerned to make all possible elfe,/ts. 1-lemovalof 78. Ifany doubt arises as to the Interpretation of the provisions of this Act the same shall be doubts, I"efer'redto the Government in the Department of Horne, Government of Sikkim whose decision shall be final. By Order. rue PURKA YASTt·j,i.\ (38.18) Ln-Gu rn-Sect'(:!tClry Law Department Fi!e No, 'l6(82}f UJlP/;'W07