RIGHTS OF THE PRISONERS AND
DUTIES OF PRISON OFFICIALS
Legal Aid
Under Section 12 of the Legal Services Authorities Act, 1987, all persons in
custody are entitled to legal aid. However the system of providing
representation to those in custody is not uniform across the country. The
frequency of visits by jail visiting lawyers to the jails is also not standardized
with lawyers visiting only once a month in some places while at others, they
may visit twice a week. The jail visiting lawyers are often not clear what is
expected of them to do. Clearly the system of interaction with the inmates in
jails and their representation in courts needs to be strengthened.
1.1- Legal Aid Clinic in every prison- Legal services clinic should be in every
prison with sufficient number of panel lawyers and paralegal volunteers
deputed for providing free legal services
1.2- Legal literacy classes in prisons-.In order to educate prisoners about their
rights as well as about the availability of free legal aid.
2) Under Section 304, Cr.P.C. the High Court has framed “The Bihar Legal Aid to
Accused Rules, 1974” for the mode of selecting Advocates, the facilities to be
allowed to them and the fees payable to them.
PRISON VISITING SYSTEM
Sub-section (25) of section 59 of The Prisons Act, 1894, the current basic law for
the management of prisons in the country provides for the framing of rules for
the appointment and guidance of visitors of prisons.
UNDERTRIAL PRISONERS
POLICE MANUAL VOL-1 JHARKHAND POLICE DEPARTMENT
UNDERTRIAL PRISONERS
295. Hajat register.—(a) A Hajat register in Schedule XLIH (High Court) Form
shall be kept in each Court office.
(b) Custody and release of prisoners.—The Police in Court office shall escort
offenders
undertrial from the‘ jail or lock-up to the Magistrate’s Court and guard them
while there.
(c) They shall also return to the jail, under safe escort, prisoners sentenced to
Imprisonment or remanded to hajat by the Magistrate.
(d) Prisoners discharged or acquitted shall be released in open Court by order of
the
Magistrate; prisoners remanded or convicted shall be sent to jail with their
appropriate warrants; and prisoners enlarged on bail or on their own
recognizances, if present in Court, shall be released there, the Court officer
obtaining the Magistrates initials opposite their names in the hajat register in
attestation of the release.
(e) Whenever the trial of a prisoner, who is detained pending the result of such
trial. shall be adjourned for any reason, a day shall be fixed by the Magistrate for
the rehearing of the case, and it shall be the duty of the Court officer to ensure
the punctual attendance
of the prisoner on the day fixed.
(l) The names of all the prisoners to be produced each day before the Magistrate
shall be entered in the hajat register by the Court officer. The jailor shall make
over the prisoners with their warrants to the guard in the Court office for
production before the Magistrate.
An Assistant Superintendent should be in charge of all work pertaining to
undertrial prisoners;
No person shall be admitted into a prison as an undertrial prisoner unless
accompanied by the following documents: -
(a) A remand warrant in the prescribed form, signed dated and sealed by the
competent authority. There should be separate writ, warrant or order for every
prisoner, even if two or more prisoners have been jointly accused;
(b) Identification roll containing at least two specific permanent identification
marks like deep scars, birth marks, moles indicating their exact location on the
body; (iii) Discrepancies in remand warrant. - The officer on duty is authorized to
refuse admission of an undertrial prisoner in whose case the remand warrant is
not sent in the appropriate form or the warrant is found to contain
(i) discrepancies in name or identification,
(ii) omissions of the signature of the competent authority. In such a case, a report
should be sent in the prescribed form to the authorities concerned;
(iv) The property of an undertrial prisoner shall remain in the court;
(v) Children. - Children of women undertrial prisoners may be admitted if suitable
arrangements for their care cannot be easily made outside;
The following facilities should be extended to all undertrial prisoners:-
(a) Legal defence,
(b) Interviews with lawyers or family members (for legal purposes ) ,
(c) Signing Vakalatnama,
(d) Delegation of power of attorney,
(e) Execution of will,
(f) Essential religious necessities as per rules,
(g) Applications to courts for legal aid at Government cost as per provisions of
law.
(h) Other applications to courts,
(i) Application to Legal Aid Societies for free legal aid,
Women Undertrial Prisoners
Women undertrial prisoner should normally be escorted by women police. When there are no
women police available, they should be accompanied by woman Prison Guard. As far as is
practicable, separate conveyance should be provided for the transport of women undertrial
prisoners;
Women staff members shall be in charge of women undertrial prisoners. The Lady Assistant
Superintendent or Senior Matron should be present at the time to admission and release of
women undertrial prisoner. She should attend to all work pertaining to the women undertrial
prisoners;
As far as possible, women undertrial prisoners should be handed over to their relatives after
release. If this is not possible, a woman police or woman prison guard should escort the released
woman undertrial prisoner to the nearest station or transport bus stand
WOMEN PRISONERS
01. Women prisoners shall be classified and kept separately as under:
(i) Under-trial prisoners shall be kept completely separated from convicted
offenders, even when their number is small.
(ii) Habitual prisoners shall be separated from casual offenders
(iii) Habitual offenders, prostitutes and brothel keepers must also be confined
separately.
(iv) In no circumstances should adolescent girls be confined with adult women
prisoners.
(v) Political and civil prisoners shall be kept separately from convicts and
undertrial prisoners.
02. A register shall be maintained in every place of imprisonment with numbered
pages where the following details of women prisoners shall be entered:
(i) Information concerning their identity.
(ii) The reasons for their imprisonment and the authority ordering such
imprisonment with full details of such order.
(iii) The day and hour of their admission and release.
04. No female prisoner shall, on any pretext, leave or be removed from the
female enclosure except for release, transfer, or attendance at court, or under the
order of the superintendent for other legitimate purposes.
05. Every female prisoner authorized to leave her enclosure will ordinarily be
accompanied by a matron or assistant matron, chief warder or female warder
from the time she leaves till she returns.
