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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.
53. Procedure for conducting enquiries for the award of punishment- (1) No prisoner
shall be awarded any punishment under Section 47 unless he has been informed of
the offence alleged against him and given a reasonable opportunity of being heard in
his defense;
(2) No prisoner shall be punished twice for the same offence;
(3) Subject to the provisions of sub-section (1) and (2) above, the Supt may follow
such procedure, for the holding of inquires including framing of charges against a
prisoner, segregation of prisoners, pending inquiry, medical examination in case of
inquires, conduct of the inquiry and other matters 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 Supt 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.
54. Punishment for not fulfilling conditions subject to which remission, etc was given-
(1) where any prisoner fails without sufficient cause to observe any of the conditions
on, or subject to, which his sentence was remitted or suspend, or he was released on
parole or furlough, the competent authority may cancel such order granting
remission, suspension, or parole or furlough, and
(a) If the prisoner is at large, he shall be arrested by any police officer without
a warrant and remanded to undergo the unexpired portion of his sentence;
(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 under 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.
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CHAPTER XII
SAFE CUSTODY AND SECURITY OF PRISIONERS
55. Liability to provide safe custody and security of prisoners- (1) The Supt shall be
responsible to undertake effective measures to ensure safe custody and security of
prisoners.
(2)Confinement in iron with the permission of the Court: whenever the Supt has
reason to believe that a prisoner is likely to jump prison or break out the custody in
view of his proneness to violence or his tendency to escape or his being so
dangerous or desperate that no other practicable way of preventing his escape is
available except by confirming him in orphans, he may so confine him with the
permission of the Court.
(3) use of handcuffs and fetters in emergent situation-In emergent situations, it shall
be open to the Supt to use handcuffs and fetters to secure any prisoners for reasons
to be recorded in writing and under intimation to the District and Sessions Judge
within twenty four hours of using such handcuffs or fetters.
56. Prisoners exempted from imposition of handcuffs and fetters- No handcuffs and
fetters shall be imposed in respect of
i. Female prisoners;
ii. Civil prisoners; and
iii. Prisoners who are aged, physically infirm or seriously ill.
CHAPTER XIII
MISCELLANEOUS
57. Redressal or grievances of prisoners- (1) For the purpose of receiving grievances
from the prisoners and for the redressal of any such grievance, a Grievance
Redressal 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 prisioners 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.
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(4) Notwithstanding anything herein before contained, every prisoner shall be afforded full
opportunity to make a complaint to the inspection 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 Government on the general
governance of the jail in the manner as prescribed in rules.
58. Prohibition of strikes, etc. – No person employed in the prison shall have any right to
from any union or join any such union either inside or outside the prison for any purpose or
for making or pressing any demands to strike or start or continue any agitation inside the
prison for achieve any request or demand.
59. Extramural custody, control and employment of prisoners: (1) A prisoner when being
taken from any prison in which he may be lawfully confined or whenever he is working
outside or is otherwise beyond the limits of any such prison in or under the lawful custody
or control os a prison officer belonging to such prison shall be deemed to be in prison and
shall be subject to al l directions and discipline as if he were actually in prison.
60. Review of cases of criminal prisoners: (1) The Government shall cause to be reviewed
cases of under trial prisoners detained in the prison for more than one year or in case when
the detention is more than half of the maximum punishment for the offence provided under
the law.
(2) The Government shall ensure that no under trail is detained in prison for a period
exceeding the maximum period of punishment provided for the offence or offences as the
case may be for which he has been detained.
61. Use of minimum force: (1) For controlling any incident of rioting any officer of the
prison shall use a little force and do as little injury to a person and may be consistent with
the restoring order and detaining such person.
(2) Any officer of the prison ma use minimum force against army prisoner escaping or
attempting to escape, or using violence against any official of the prison or any other
person.
62. Legal Aid- The Government shall endeavour to provide free legal aid for the prisoners.
63. Rehabilitation of prisoners- The Government shall endeavour to under undertake
measures towards the rehabilitation of the prisoners.
64. Persons of unsound minds - No person of unsound mind other than a criminal shall be
kept in prison.
65. Protective custody - No person entitled to protective custody shall be kept in the prison.
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66. Accounts and audit – The accounts of every prison shall be maintained and audited as
many be prescribed by the Government.
67. Training of prison official__ (1) The Government shall provide training to all prison
officials to refresh them about the responsibility and rights of prisoners.
(2) The duration and syllabus of such training shall be prescribed by the Government.
68. Delegation of powers_ Any of the powers conferred by this act on the State
Government may be exercised and performed by such officers as the State Government
may designate in this behalf.
69. Exercise of powers of Superintendent and Medical Officer__ All or any of the powers
and duties conferred and imposed by this Act on a Superintendent or Medical Officer may in
his absence be exercised and performed by such other officers as the Government may
appoint in his behalf either by flame or by his official designation.
70. Protection of action taken in good faith__ No suit prosecution or other legal proceeding
shall lie against the Government or any functionary of the Government in respect of
anything which is done or intended to be done in good faith in pursuance of this Act of the
rules made or orders or directions issued there under or acting in accordance with the
provision of sub Action (1) and (20) of Section 60.
71. Power of Government to make rules- (1) The Government may make rule generally to
carry out the provision of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules
may provides for all or any of the following matters namely:
(I) Defining the acts which shall constitute person offences.
(II) Determining of classification of prison offences into serious and minor offences.
(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 shortening of sentences.
(VI) Regulating the use of force any prisoner or body of the prisoners in the ase of riot,
outbreak or attempt of 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 (IX) for
the regulation by numbers, length or character of sentence of sentence or otherwise of the
prisoners to be confined in each class of the prisoners.
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(X) For the governance of prisons and for the appointment of officers under the Act.
(XI)As 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 prison.
(XIII) For defining articles the introduction or removal of which into or out of prisons without
due authority is prohibited.
(XIV) For regulating the disposal of the proceeds of the employment of the prisoners.
(XV) For the classification and the separation of prisoners.
(XVI) For adopting measures to bring about co-ordination between various department of
the Government for upkeep, maintenance, welfare of the prisoners and for the dealing with
contingencies.
(xvii) For regulating the confinement of convicted criminal prisoner prison under Section29;
(xviii) For the preparation and maintenance of history tickets.
(xiv) For rewards for good conduct.
(XX) For regulating the transfer of prisoner of prisoners whose term of imprisonment is
about to expire subject, however to the consent of the Government of any other State or
Union Territory to which a prisoner is to be transferred.
(xxi) For the treatment, transfer and disposal of mentally ill criminals confined in prisons.
(xxii) For regulating the transmission of appeals and petitions from prisoners and the
communication with their friends.
(xxiii)For the appointment and guidance of the visitor of prisons.
(xxiv) For extending any or all of the provisons of this Act and of the rule there under to
subsidiary prisons or special places of confinement appointment under section 417 of the
Code of Criminal Procedure, 1973 (2 of 1974) and the prisoners confined therein:
(xxv) All regard to admission, custody, employment diet, treatment and release of
prisoners.
(xxvi) For periodic review of the cases of criminal prisoners detained in the prisons for more
than one year and in cases whenthe detention is more than half of the maximum
punishment for the offence.
(xxvii) For providing legal aid to prisoners;
(xxviii) For recruiting, training, conduct, punishment and appeal relating to the officials of
the prisoners;
(xxix) For the grant of parole, furlough and leave to prisoners;
(xxx) For the temporary release, suspension and remission of sentence of prisoners;
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(xxxi) 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 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 sessions and if, before the expiry of the session
immediately following the session or the successive sessions 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 effect 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 the rule.
72. Exhibition of copies of rule: Copies of rules under section 71 so far as they affect
the governance of prisoners, shall be exhibited both in English and in official
languages of Delhi in some place to which all persons employed within the prison
have access.
73. Repeat and Savings __ (1) The Prisons Act , 1894 (IX of 1894) in its application to
Delhi is hereby repeated.
(2) Notwithstanding the repeat by this act of Prisons Act, 1894 referred to in
subsection (1) above all rules, regulations, orders, directions, notifications, relating
to the prison administration in Delhi, made under 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 amended or repeated by rules made under this act.
75. Power to remove difficulties - (1) If any difficulty arises in giving effect to any of the
provisions of this Act, the Government may, by order published in the Official
Gazette, make such provisions or take some 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 the expiry of a period of
three years from the date of the 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 the commencement of this Act.
(3) An order made under sub-section (1) shall be laid, as soon as may be after it is
made, before the House of the Legislative Assembly in Delhi.
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CHAPTER 2
DELHI PRISONS (DEFINITIONS) RULES, 1988
Note: For statutory provisions concerning the authority of these Rules, see Appendix-
3Prisons Act, 1894 – sections 7, appendix – 16 – Criminal Procedure Code, 1973- Sections
22. 109, 117, 122 and Appediix-2-Indian Penal code, 1860-Chapter XXI, XVI, XVII, XVIII,
Appendix-13- Constitution of India, 1985-Article 2393
Rule
1. Short title and commencement- (1) these rules may be called the Delhi Prisons
(Definition) Rules, 1988.
2. In the ‘Rules’ or ‘Orders’ framed or issued in exercise of the powers conferred under
the prisons Act, by the administrator of the Union territory of Delhi, unless a
different intention appears from the subject or the context, the expressions:-
(a) ‘Administrator’ means the administrator of the union Territory of Delhi appointed by
the President of India under 239 of the Constitution of India.
(b) ‘Chief Secretary’ will mean the Chief Secretary to the Administration of the Union
territory of Delhi.
(c) ‘Delhi Administration’ will mean the Administration of the union territory of Delhi.
(d) “Inspector General” means and includes General for the time being, of Prisons in
Delhi.
(e) “Subordinate Officers” means and includes every Officers of a prison other than the
Superintendent and the Medical Officer thereof.
(f) “Casual” means any convicted Criminal prisoner who is not a ‘habitual’ offender as
hereinafter denned;
(g) ‘Central Jail” means any prison in which convicted criminals, under trial prisoners or
parsons detained under any specific Act Ordinance/Orders, as the case may be
received/ kept for the purpose of undergoing their sentence or for the purpose of
judicial custody and/ or detention under any specific Act/Ordinance/Orders, as the
case may be;
(h) “District Jail” means every jail other than a central Jail or a special jail.
Note: A temporary prison provided under section 7 of the Prisons Act, 1894, unless declared
to be a Central or special Jail, shall be a District Jail.
1. Published in Delhi Gazette, extra ordinary Part IV, No. 76, dated 18 th April, 1988 vide
notification No. F. 9/(75)/87 – HOME (GENERAL)/(XIII), in exercise of the powers
conferred under Prisons Act, 1894 (Act IX of 1894) by the Administrator of the Union
Territory of Delhi.
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(i) “Special Jail” means any prison provided for the confinement of a particular class
particular classes of prisoners and classed as a Special Jail by the Administrator;
(j) “Compartment” means any room, workshop godown or other covered in, enclosed
and protected place in a jail, other than a cell or ward;
(k) “Convict” means a convicted Criminal prisoner;
(l) “Under Sentence means under sentence of imprisonment of either description.
(m) “Habitual Offender” or “Habitual Criminal” means –
(i) Any person convicted of an Offence whose previous conviction or conviction
under Chapter XII, XVI, XVII of the Indian Penal Code, 1860 taken by
themselves or with the facts of the present case show that habitually commits
an Offence or Offence punishable under any or all of the previous contained
in these chapters;
(ii) Any person committed to or detained in Prison under section 22(read with
section 109 or section 110) of the Code of Criminal Procedure, 1973;
(iii) Any person convicted of any of the Offences specified in (i) above when it
appears from the facts of the case even although no previous conviction has
been proved that he is by habit a member of a gang of dacoits, or of thieves or
a dealer in stolen property;
(iv) Any member of a Criminal tribe, subject to the discretion of the
Administrator;
(v) Any member of a Criminal tribe, subject to the discretion of the
Administrator;
(vi) Any person convicted by a court or Tribunal acting outside India, of an Offence
which would have rendered him liable to be classified as a Habitual Criminal, if
he had been, convicted in a court established in India.
Explanation: For the purpose of this definition the word “Conviction” shall include an order
made under Section 117, read with Section 110, of the Criminal Procedure Code, 1973.
Note 1: The classification of a convicted person as a habitual Criminal should ordinarily be
made by the Convicting Court but if the Convicting Court omits to do so, such classification
may be made by the District Magistrate, or in the absence of an order by convicting court
and pending the result or a reference to the Distt. Magistrate, by the officer in charges of
the jail where such convicted person is confined:
Note 2: The convicting Court or District Magistrate may for reasons to be recorded in
writing, direct that any convicted person or any person committed to or detained in prison
under Section 122, read with Section 109 or Section 110 of the Code of Criminal procedure,
1973 shall not be classed as a Habitual Criminal and may revise such direction.
Note 3 : Convicting Court or District Magistrate, as case may be, may revise their own
classification and the District Magistrate may alter any classification of a prisoner made by a
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Convicting Court or any other Authority provided that the alteration is made on the basis of
facts which was not before such Court or Authority.
Note 4: The expression “district Magistrate” wherever it occurs in Note 1, 2 and 3 above no
means the Commissioner of Police, Delhi.
Note 5: Every habitual Criminal shall as far as possible be confined in a Special Jail in which
no prisoner other than habitual criminals shall be kept.
Provided that the Inspector General of Prison may transfer of this Special Jail any
prisoner, not being a habitual criminal, whom for reasons to be recorded in writing, he
believes to be of so vicious or depraved a chapter and to exercise or to be likely to exercise,
so evil an influence on his fellow prisoners that he ought not to be confined with other non-
habitual prisoners but a prisoner so transferred shall not otherwise be subject to the special
rules effecting habitual criminals.
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CHAPTER 3
DELHI CLASSIFICATION OF PRISONS RULES, 1988
Note: For statutory provisions concerning the authority of these Rules, see
Appendix- 3 Prisons Act 1894, Section 4 to 6 and 8 to 15.
Rule
1. Short title and commencement—(1) These rules may be called Delhi
classification of prisons Rules, 1988.1
(2) Three Kinds of Jails – Jails shall be of three kinds, namely, Central Jails, District
Jail
and Special Jails:
(a) ‘Central Jail’ – means any prison in which convicted criminals, under trial
prisoners or person detained under any specific Act/Ordinance/Orders, as the
case may be are received/kept for the purpose of undergoing their sentence or
for the purpose of judicial custody and/or detention under any Specific
Act/Ordinance /Orders, as the case may be.
(b) ‘District Jail’ – all Jails, other than ‘Central Jails, and ‘Special Jails, shall be deemed
to be ‘District Jails’.
(c) (1) Administrator may from time to time, in its discretion, declare any jail to be a
‘Special Jail’ for the purpose of these rules, or establish a Special Jail at any place.
(2) No Jail shall be deemed to be a – ‘Special Jail’ within the meaning of these
rules, unless it has been declared to so or established as such under sub-rule(c) (1).
3. Inspector General of Prisons – The inspector General of Prisons appointed under
the Prison’s Act, 1894, subject to the orders/ directions of the Administrator shall exercise
general Control and superintendence over all classified Jails in Delhi.
4. Addl. I.G. of Prisons, and D.I.G. of prisons- Addl. I.G. of Prisons, and D.I.G. of
prisons shall assist the I.G. of prisons and exercise all such powers and perform such duties
as may be delegated to them by the Inspector General of Prisons from time to time with
prior approval of the Administrator, wherever necessary.
5. Superintendent of Prisons – Foe each classified Jail, their shall be a
Superintendent who will be assisted in the management of Prisons by such staff as may to
specified by Inspector general of prisons with the prior approval of Administrator.
Published in Delhi Gazzette, extraordinary Part IV, No. 76, dated the 18th April 1988, vide
notification No. F.9/75/87-Home (General) (I) in, exercise of the powers conferred by Clause
(8) of Section 59 of the Prisons Act, 1894 (IX of 1894), by the Administrator of Union
Territory of Delhi.
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