State of Goa - Act
Goa Prisons Rules, 2006
GOA
India
India
Goa Prisons Rules, 2006
Rule GOA-PRISONS-RULES-2006 of 2006
- Published on 6 December 2004
- Commenced on 6 December 2004
- [This is the version of this document from 6 December 2004.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and commencement.
2. Definitions.
- In these rules, unless the context otherwise requires:-Chapter II
Prison Buildings and Sanitary Arrangements
3. Prison buildings to be in charge of Public Works Department.
- Prison buildings including the quarters for the staff within prison premises shall be in charge of the Public Works Department and no additions or alterations in, or dismantling of any such buildings, whether or not sanctioned by the Inspector General, shall be carried out without the approval of that Department.4. Use of land in vicinity of prisons.
- No Government land within 61 metres on the main wall of a prison shall be leased for non-agricultural purposes:Provided that the Collector may lease such land for agricultural purposes for short periods.5. White-washing of wards and prison hospitals.
6. Maintenance of the surrounding area.
7. Public nuisances etc. not to be permitted near prison.
- Public privies, dye works, open drains or similar other nuisances likely to affect the health of prisoners shall not, as far as possible, be permitted near a prison.8. Planting of trees in and around prison.
- Suitable types of trees shall be planted on the prison premises, both inside and outside the main wall, in such a way that they are away from prison buildings and walls so that they cannot be used as an aid to escape or to make any mischief.9. Additions and alterations to buildings.
- No additions or alterations to any existing building shall be made without the orders and no plans and estimates shall be prepared by the Superintendent without the sanction of the Inspector General.10. Administrative approval for construction.
- The Superintendent shall submit proposals for construction of wards, cells and other places of detention (including additions or alterations thereto) to the Inspector General for administrative approval. Such proposals shall be accompanied by a preliminary report specifying the position of the building proposed to be constructed, description of the building, approximate estimate, plans and other necessary details and particulars. The Superintendent shall obtain approximate estimate of the proposed construction from the Public Works Department with the prior sanction of the Inspector General.11. Superintendent to visit frequently work under execution.
12. Area of prison.
13. Single room accommodation.
- Single room accommodation for the prisoners needing privacy for pursuing studies etc., shall be provided.14. Provisions in barracks, wards, cells.
15. Prison hospital.
- Every prison shall have a hospital or dispensary inside near the main gate of the prison, well equipped with all the resources as may be necessary for indoor treatment and with separate wards for men and women.16. Kitchen.
17. Lighting.
- All internal and external areas within the prison and outside surroundings including worksheds shall be amply lighted.18. Conservancy arrangements.
19. Superintendent and Medical Officer to pay attention to purity of water.
20. Prisons for keeping High Security Prisoners.
- There shall be a High Security prison enclosure with thick outer walls of sufficient height with watch towers and provided with anti-tunnelling slabs and space open to the sky covered with iron grill and such enclosure shall provide reasonable accommodation of sufficient space with all other necessary facilities as may be required from time to time.Chapter III
Classification of Prisons
21. Classification of prisons.
- There shall be the following classes of prisons in the State:22. Location of prisons.
- The prisons of different classes in the State shall be at such places as may be notified by the Government in the Official Gazette.23. Types of prisoners to be received.
- All the jails mentioned in rule 21 shall be institutions for receiving and housing:-(i)Detenus.(ii)Civil prisoners.(iii)Under-trial prisoners.(iv)Convicted prisoners.24. Open prisons.
Chapter IV
Staff Functions
25. Inspector General competent to be the Controlling Officer and Head of Department.
26. Communication between the Government and officers of prison.
27. Inspector General competent to release material to Press for publication.
- The Inspector General may furnish material for publicity direct to the Department of Information and may confirm or refute reports published in newspapers when directly approached by press representatives, informing Government and the Department of Information of such confirmation or refutation.28. Inspection of prisons by the Inspector General.
29. Superintendent not to leave headquarters without previous permission of Inspector General.
30. Handing over of charge.
- Where a Superintendent is transferred or where he is proceeding on long leave, the relieving officer shall, before taking over the charge, satisfy himself personally that the cash balances, permanent advance and accounts are correct. He shall also satisfy himself through the officers concerned that all stocks (both general, and manufactory), machinery, plants and tools shown in the accounts to be in stock are forthcoming, that the registers have been maintained up-to-date and that sanction has been obtained for all the establishments employed, and shall submit report in that behalf to the Inspector General. The responsibility of the relieved officer shall not cease till this is done. The relieved officer shall also acquaint the reliever in writing with essential and instructive facts and problems of the Prison.31. Functions and duties of Superintendent.
- The Superintendent shall -32. Functions and duties of Assistant Superintendent.
- The Assistant Superintendent shall be under the direct control of the Superintendent. He shall assist the Superintendent in all his functions and duties. He shall also perform all such functions of the Superintendent as the Inspector General or/and the Superintendent may assign to him.Jailor:33. Functions and duties of Jailor.
- The Jailor shall perform all functions attached to the post of Assistant Superintendent during his absence. The Jailor is the executive officer of the Prison and is subordinate to the Assistant Superintendent and where there is no Assistant Superintendent, to the Superintendent and shall assist him whenever necessary. He shall generally be responsible for observance of all prescribed rules and orders. His duties and functions attached to the post shall be as follows:-34. Duties to be performed by the Assistant Jailor in the absence of the Jailor.
- In the absence of the Jailor or in prisons where there is only one Assistant Jailor, the duties of the Jailor under these rules shall be performed by such Assistant Jailor as the Assistant Superintendent or Superintendent may direct, as the case may be, by the only Assistant Jailor.35. Duties of Assistant Jailors.
36. Duties of Orderly Officers.
37. Duties and functions of Matron.
38. Guarding personnel.
- their duties and responsibilities.- The guarding personnel will consist of Head Warder-cum-P.T. Instructors, Head Guards and Jail Guards. Specific duties of each member of the guarding staff on various sections and points will be assigned by the Superintendent on a rotation basis in keeping with his or her status within the cadre in the following areas:(i)Security, custody, discipline;(ii)Searches and counting of prisoners;(iii)Opening and locking-up of the prison;(iv)Reporting defects and short comings in prison buildings, walls, locks, lighting arrangements and iron-bars, taking immediate action for rectifying these and taking care of the custody of locks and keys, handcuffs and other security equipment;(v)Care and welfare of prisoners;(vi)Maintenance of discipline in institutional premises, gates, quarantine, barracks, dormitories, cells, work sheds, punishment yards, segregation yards, hospital, kitchen, farm and in every other section of the institution;(vii)Sanitation and hygiene in areas under his charge;(viii)Guarding and sentry duties;(ix)Escorting prisoners for work, supervision of their work, care and custody of tools, property, equipment, dead stock and livestock;(x)Supervision of distribution of food, canteen articles and inmate equipment;(xi)Helping the technical personnel in work sheds, management and discipline, helping agricultural personnel in all related matters;(xii)Discipline in areas where educational, cultural and recreational activities are conducted;(xiii)Reporting violations of discipline to appropriate officers for taking immediate action as per rules;(xiv)Observing habits and behaviour patterns of inmates and reporting the same to the authorities concerned, helping inmates to improve their habits and attitudes;(xv)Taking preventive and control measures for all emergency situations;(xvi)Discipline in staff quarters;(xvii)P.T., drill parades and emergency practice.39. Duties and responsibilities of Jail Guards.
- It shall be the duty of the Jail Guard -(i)to stand or walk whilst on patrol duty and on no account to take off the belt or lie down whilst on duty;(ii)to keep his uniform and equipment in good order;(iii)to keep a list of tools delivered to prisoners proceeding to work in the morning;(iv)to count, examine, and return the tools into store, and report any deficiency, immediately to the Jailor in the evening;(v)To report any defect in locks, bolts or bars, and any tampering with these articles or keys in his charge;(vi)To keep all keys entrusted to him on his person, and not to leave them lying about;(vii)To treat prisoners with humanity and bring their complaints and grievances to the notice of his immediate superiors without delay;(viii)To bring to the notice of the Superintendent, and the Medical Officer any signs of sickness among prisoners in his charge;(ix)To report to the Jailor if an uncomplaining prisoner appears to be passing into a failing state of health, or if a prisoner's state of mind, appears, in his opinion, to be weak and uncertain;(x)To search all prisoners in his charge at the time of giving and taking over charge of such prisoners and at such other times during his watch as may be necessary and to report the discovery of any prohibited articles found with any of the prisoners in his charge or on his beat;(xi)To report any case of wilful damage to prison property;(xii)To prepare prisoners entrusted to his charge for counting and for parade, and to see that each prisoner comes to his place in proper order, behaves well, and keeps silent;(xiii)To report immediately to the Jailor the fact of any prisoner missing from his charge;(xiv)To count the prisoners made over to him and to declare the number to the officer distributing the prisoners;(xv)To count prisoners in his charge at least twice during his turn of duty; and to satisfy himself that he has the correct number in his custody;(xvi)To report all cases of idleness and short work prisoners entrusted to him supposed to work;(xvii)To see that any prisoner who is required to leave the group for any legitimate purpose is made over to the charge of a responsible prison official for such purpose;(xviii)To see to the cleanliness of the persons, clothing, bedding, rings, and eating utensils of the prisoners in his charge, and to see that the prisoners bathe only at the appointed time and place and that the bedding is aired according to orders;(xix)To report any plot for escape, assault, outbreak or for obtaining prohibited articles that may come to his knowledge;(xx)To report breach of any prison rules.40. Changes in duties and posts of Jail Guards.
- The posts and duties of Jail Guards may be changed every week:Provided that the Assistant Superintendent and Superintendent may continue the guards working in prison store, garden, factory or kitchen for a period not exceeding three months in their respective posts.41. Responsibility of guard in charge of work shed.
- A jail guard in charge of work sheds shall be responsible for all the tools and other property kept therein.42. Relieved Jail Guard to explain his duties to the Relieving Guard.
- A jail guard shall, before being relieved, explain his duties to the relieving guard and they (i.e. both relieving and relieved jail guard) shall jointly examine all the fastenings in their charge and shall count the prisoners. The responsibility of a jail guard on duty shall not cease until he is properly relieved.Guards With Arms:43. Superintendent to make guidelines for guidance of guards with arms.
- The Superintendent of a prison shall, with the approval of the Inspector-General, draw up guidelines for the guidance of the guards with arms to meet local requirements, giving the distribution of such guards and the number and position of the sentries, and defining the details of their beats. A copy of such guidelines translated into regional language and signed by the Superintendent, shall be hung up in the guardroom.44. Guard with arms.
45. Conditions to be observed by Jail Guard and Head Guard.
46. Duties of the jail guard on Sentry duty.
47. Fire arms to be kept in Guard Room when not in use.
- The firearms shall always have the bayonet fixed, and shall remain in the guardroom when not in use.48. Guards on Sentry duty to be always in uniform.
- No guard on sentry duty shall on any account take off his clothing or equipment.49. Head Guard not to leave his command unless relieved.
50. Relief of jail guards on sentry duties for lunch.
- The Head Guard shall arrange the duties of the jail guards in such a way that those who are unable to arrange for bringing their food to the guard room may not be on duty between the hours of 9.00 a. m. to 1.30 p.m. and shall see that not more than 1/3rd of the strength of the guards is let off at one and the same time.51. Guards on duty not to communicate with any person.
- The Head Guard and the guards on duty shall not have any communication with any person unless such communication is required to be carried out as a part of their duty.52. Duties of guards with arms.
- The guard with arms shall resist by force all attempts made to break into or out of any part of the prison, and shall aid the authority in the suppression of violence or opposition of any kind, when called upon to do so.53. Guard to act on general alarm.
54. Head Guard to check sentry posts twice during night.
- The Head Guard shall check all the sentry posts twice during the night.Gate Keeper:55. Duties of Gate keeper.
56. Recording of duties performed in work diaries.
- The Jailor, Assistant Jailor, Matron, Head Warden cum P. T. Instructor and male nurse shall record the duties performed by them everyday, in their work diary, which shall be available to their respective superiors, on demand.Chapter V
Admission, Classification and Separation of Prisoners Admission of Prisoners.
57. Admission of Prisoners.
58. Prisoners not to be admitted without warrant.
59. Search of newly admitted prisoners.
60. Prisoners to wash themselves and their clothing soon after admission.
- All prisoners (convicted as well as under-trials) shall, on their admission into a prison, be made to wash themselves thoroughly and in case of prisoners received late after the hour of the lock-up of the prison, early next morning.61. Prison authorities not to be responsible for any mistake in warrant.
- All warrants shall be examined to ascertain whether they conform to the orders of the High Court. If a warrant is incorrect, a copy of it may, in the case of minor irregularities, be sent to the officer who issued it, with a request that a revised one may be forwarded, and, on receipt of it, the incorrect warrant shall be returned to the Court. The receipt of a revised warrant shall be acknowledged by the jail authorities by special letter and until such letter is received, the prison authorities shall not be held responsible for any mistake that may occur, in consequence of the irregularity, if any, in the original warrant.Note - (1) - A warrant ordering imprisonment without specifying whether it is to be simple or rigorous imprisonment and undated, unsigned or unsealed warrant shall be returned for correction.Note - (2) - The period of solitary confinement ordered on a warrant is dependent on the term of sentence and should not be more than is allowed under section 73 of the Indian Penal Code.62. Registration of admission entries of prisoners in jail Registers.
63. Recording of identification marks.
64. Procedure in case of prisoner's transfer to another prison.
- If a prisoner is transferred from one prison to another, his description shall be recopied from the transfer papers into Admission Register at the receiving prison. On each occasion on which the description is copied into a document or into a Register, it shall be carefully checked by the Jailor so as to prevent impersonations and the prisoner's register number, name, sentence, date of sentence, date of admission, date of release and number of convictions shall be endorsed on his warrant. A History Ticket shall also be prepared for him.65. State of every prisoner's education to be recorded.
- The state of every prisoner's education shall be ascertained on admission, and shall be entered in the Admission Register and History Ticket of the prisoner concerned.66. Recording of date etc., in warrant on prisoner's admission into prison.
- The date of a prisoner's admission into a prison and the serial number given to him shall be endorsed on his warrant and signed by the Assistant Superintendent or the Jailor so authorised. The warrants shall be arranged according to serial numbers. They shall be kept in a locked chest, the key of which shall be kept by the Assistant Superintendent or the Jailor so authorised. In all prison records and documents, both the name of the crime and the section the Indian Penal Code, or other enactment shall invariably be given.67. Verification of admission documents by Assistant Superintendent or the Jailor so authorized.
68. Preparation, custody and management of History Tickets.
69. Prisoner to be produced before Superintendent within specified time.
- A prisoner shall ordinarily be produced before the Superintendent within 10 days of his admission to a prison. The Superintendent may endorse in the History Ticket any special order regarding the treatment to be accorded to him.70. Prisoners having influence in district to be transferred to another district.
- The Superintendent shall require the Jailor concerned to submit to the Inspector General the nominal roll of any prisoner having influence in the district or who is a convicted jail official whose transfer to another district is expedient.71. Checking of admission register and release diary.
- The Assistant Superintendent and the Jailor in-charge of judicial work shall every day or at frequent intervals personally check each fresh entry in the Admission Register and shall see that for each entry therein, a corresponding entry is made against the proper date in the Release Diary in Form No. XI and that in the case of a prisoner to whom remission is granted or who is sentenced while in prison, the entry in the release diary is altered so as to indicate the date on which the prisoner is due for actual release.72. Medical examination.
73. Duties of Medical Officer.
74. Placing of prisoners in quarantine.
75. Categorisation of prisoners.
- All prisoners, including under-trials, convicts and detinues, shall be categorized as below:-Category 'I': Will include under-trials, convicts and detenues involved in terrorist and extremist activities, violent and habitual criminals and those prisoners who have escaped earlier.Category 'II': Will include under-trials, convicts and detenues involved in murder, dacoity, robbery, rape and prisoners who are professional killers/organizers, drug peddlers. In this category, violent and indisciplined inmates and inmates who are an escape risk would also be included.76. Classification of under-trial prisoners.
- (i) All under-trial prisoners shall be classified into two classes- 'Class I' and 'Class II'.(ii)The Superintendent shall ordinarily place all under-trial prisoners in Class II:Provided that, where any trial Court recommends that any under-trial prisoner may be placed in Class I having regard to his social status and education and the habit of life to which he is accustomed, the Superintendent shall place such under-trial prisoner provisionally in Class I and immediately thereafter forward the recommendation to the District Magistrate concerned for approval.77. Classification of convicted prisoners.
78. Revision of classification of prisoners.
79.
Those who don't respond to reformative treatment out of the category of habitual criminals, classified under rules 142, 145 and 146 in chapter VIII -"Habitual and Hardened Offenders", shall be classified as hardened criminals.80. Women prisoners.
- Women prisoners shall be further classified for the purpose of different types of confinement as per instructions of the Inspector General from time to time.Separation of Prisoners:81. Accommodation for Class I Prisoners.
82. Prisoners sentenced to death.
83. Adolescent prisoners.
84. Prisoners suffering from insanity or contagious disease.
- Prisoners under observation for insanity or suffering from contagious diseases shall be so isolated as the Medical Officer considers necessary.85. Ex-military prisoners.
- Military prisoners sentenced for purely military offences shall, so far as it is possible, be kept entirely apart from ordinary convicted criminal prisoners.86. Classification to be explained to prisoners.
- The Superintendent or the Assistant Superintendent shall explain the class system to a prisoner on his admission and shall caution him that he shall be liable to punishment if he converses or communicates with any prisoner of a different class, or prisoner confined in a section, yard or barrack other than in which he is placed or confined, or if he is found in any part of the prison other than that in which he has been placed for work or sleeping.Chapter VI
Prisoners Property and Documents
87. Jailor responsible for the safe custody of prisoners' private property.
- For the purpose of discharging his responsibility under section 18, the Jailor shall be provided with a box or chest with a good lock and a separate box for the safe custody of jewellery, if any, taken from prisoners. The keys of both these boxes shall be with the Jailor.88. Private property of prisoners.
- How to be dealt with - Property delivered with, or found on the person of a prisoner on admission, or afterwards sent to him openly and through the Superintendent or Jailor, shall be dealt with as follows:-(i)Where the property consists of obscene pictures or literature, opium, or any other drug or liquor or when it consists of ragged or worthless clothing, it may be destroyed and the prisoner to whom such property belongs shall not be entitled to any compensation. The fact of such destruction shall be recorded in the Register concerned.(ii)Where the property consists of perishable articles of any value, it may be sold and the proceeds shall be dealt with under Rule 91.(iii) (a)Where the property consists of clothing, cash, jewellery and; other property received with or found on the person of a prisoner on admission, the Jailor shall enter it in Forms Nos. VIII, IX, and X, as the case may be, and shall read over to the prisoner the entry which specifies in detail the nature of the property, the number or quantity and the estimated value of each item and obtain signature or thumb impression of the prisoner against such entry and the Jailor himself shall also sign against that entry in the column for that purpose.(b)The list of property shall be read over to the prisoner in the presence of the Superintendent who shall also sign the Register after satisfying himself that the entries are correct.(c)In describing the articles and stating their value so much description of an article shall be mentioned as will facilitate identification and prevent pilferage thereof (e.g. whether a coat is woolen or cotton, its colour, design and condition etc.) and the genuine value of each article shall be shown; and(d)When any counterfeit coin is found with the prisoner, it shall be cut and handed over to him on release.(iv)Where the property consists of animals or cattle or unwieldy articles such as charpoys, the Jailor may hand it over to the relation or friend who is willing to take charge of the same on behalf of the prisoner or may sell the same by public auction and the money received shall be credited to the prisoner's account by a red ink entry initialled by the Superintendent in Form No. VIII.(v)Where the property found with a prisoner before his admission to a prison consists of reptile or any other dangerous animals it shall, if the prisoner concerned is not able to make immediate arrangement for their disposal, be destroyed.89. Assistant Superintendent and Superintendent responsible for safe custody of prisoner's private property and delivery thereof to the prisoner on his release.
- The Assistant Superintendent and Superintendent are responsible for the safe custody and due delivery, on release, of all property other than property dealt with under rules 91 and 96 brought by a prisoner or received there on his account.90. Prisoners clothing, utensils and other non perishable articles.
91. Forfeiture of concealed property found with prisoner after his search on admission.
- Concealed property of any kind found on a prisoner, after his being searched on admission, shall be forfeited under an order of the Superintendent in Form No. XIII and the value carried to the credit of Government, a certain proportion, not exceeding one third being awarded to the finder under a written order of the Superintendent, a copy of which shall be forwarded to the Inspector General for information.92. Discretionary powers of Superintendents to sell by auction certain articles belonging to long-term prisoners.
93. Jailor to be in charge of prisoners' private property and clothing stores.
94. Prison staff not to buy prisoners' property at auctions.
- No member of the Jail staff shall directly or indirectly buy any prisoner's property at an auction sale held under the provisions of these rules.95. Prisoners may be provided on release with clothing in certain cases.
- Where under the provisions of these rules, the clothing of a prisoner has been summarily disposed of, the prisoner shall, on release, if he has not sufficient money to purchase other clothing, be provided with suitable clothing at the expense of the Government. Such clothing shall consist of one shirt of the type popularly known a "Nehru shirt", one Gandhi cap and four yards of cloth or a pair of trousers; these articles being made of similar texture to that used for convict clothing but without the regulation stripes.96. Delivery of prisoner's property to friends etc. or sale thereof, with the prisoner's consent.
97. Transfer of prisoner's private property from one prisoner to another prisoner prohibited.
- No prisoner shall transfer money or any other private property to any other prisoner for any purpose whatsoever.98. Prisoner's private property to be sent with him on his transfer.
99. Return of prisoners' property on their release.
100. Receipts.
- Whenever deposits of private cash exceeding Rs.500 are returned to prisoners on release and a receipt is required on revenue stamp, the Superintendent may not insist on affixing the revenue stamp in acknowledgment of the amount returned to prisoners101. Disposal of unclaimed property of prisoners.
- If the property of prisoner, including an under-trial prisoner, who is released, discharged, or acquitted or who dies in a prison, is not claimed by or on behalf of the prisoner within a period of six months, from the date of such release, discharge, acquittal or death, as the case may be, it shall be handed over to the police for disposal in accordance with the provisions of law for the time being in force:Provided that where the prisoner himself claims the property within the aforesaid period, it shall be handed over by the Superintendent to him if he satisfies the Superintendent about his identity, establishes his claim to the property and passes a receipt for having received it:Provided further that where the property is claimed within the aforesaid period on behalf of a prisoner by any other person, it shall be handed over by the Superintendent to such person if he establishes his claim thereto, executes an indemnity bond, and passes a receipt for having received the property.102. Disposal of the property of an absconding prisoner.
- The property of a prisoner who has escaped from a prison shall, after the expiry of a period of one year from the date of escape, be handed over to the Police for disposal in accordance with the provisions of law for the time being in force, unless such prisoner is recaptured within such period.103. Prisoner's property to be sent with him in case of his transfer to Mental Hospital.
- Where a prisoner is sent to a Mental Hospital, all property in the prison belonging to him shall be sent with him and a receipt obtained.Chapter VII
Prison Discipline
104. Maintenance and enforcement of discipline.
105. Applicability of rules during quarantine.
- During the period of quarantine, the rules regarding rewards for good behaviour and punishments for breach of prison discipline shall be explained to the prisoners by the Assistant Superintendent or the Jailor to whom the work has been specially assigned by the Superintendent and the prisoners shall be warned that all money or articles (other than those permitted by the prison authorities) found in their possession shall be forfeited.106. Jailor to take care of clothing, etc.
- The Jailor shall take care that the prisoners' clothing is in proper repair, that their hair is kept properly cut according to the jail discipline and that their washing, shaving and bathing is satisfactorily attended to.107. Discipline and custody of women prisoners.
108. No male officer to enter women prisoners' enclosure.
109. Register of movements/visits to women's section.
110. Movement of prisoners.
- All movements of prisoners shall be conducted in an orderly and regular manner under strict control.111. Grievance Redressal System.
- The following system shall be maintained for grievance redressal of the prisoners.(i)There shall be one or more complaint boxes in every prison installed in centrally located and convenient places, within easy reach of the inmates. Such complaint box shall also be installed in an easily accessible place in the female ward.(ii)The inmates may drop their complaints in the form of written petitions addressed to the Superintendent, or to the higher authorities, into such boxes.(iii)The box shall remain under lock and key and the key shall remain in the custody of the Sessions Judge having jurisdiction over the prison, who shall unlock the complaint box on the days fixed by him.(iv)The complaint box shall be opened at appointed time before the evening locking up of the prison.(v)The Superintendent shall organize a Grievance Redressal System in prison by taking assistance of the staff under him by constituting a committee for the purpose.(vi)The Committee shall meet as and when necessary, but at least twice a week to look into all the complaints of the inmates.(vii)The Superintendent shall preside over the Committee, which shall enquire into all the complaints received by him at the earliest.(viii)The decision of the Committee shall be executed forthwith.(ix)Complaints and letters addressed by prisoners to the higher authorities in the Government, Law, Inspector General or other higher functionary shall be forwarded to them immediately subject to the provisions of rule 340.(x)The District Judge may visit each prison in his jurisdiction once a month as his statutory function and give an opportunity to all the prisoners to present their grievances or requisite or request, if they so desire, in the absence of prison officers.(xi)The Superintendent shall take weekly rounds of inspection of the prison. If a prisoner is not satisfied by the action taken by the Superintendent on his complaint, he shall be allowed to approach higher authorities for redressal of his grievances.(xii)The Board of Visitors shall be activated. The visitors may receive and enquire into prisoners' complaints and grievances and send their suggestions to appropriate authorities.112. Parade of prisoners.
- Whenever prisoners are marched from one part of the prison to another, or are sitting or standing in groups, except when actually taking meals or at work, or when paraded for inspection, they shall be arranged in files of pairs, and shall rise, move forward, stop or sit down at the word of command or signal. This method shall be followed in carrying out parades. At the parades, the signal shall usually be the stroke of a bell or gong. At Central Prison the parades may be carried simultaneously in all divisions by signal from the Central tower or some central place. Whenever the Jailor or any officer of rank superior to him visits or passes a group of prisoner, the prisoners shall obey the word of command as follows:-"EK": To stop work or marching, if so engaged, and stand at attention."Do": To resume work, continue marching, or sit. The officer in charge of the group will give the command.For class I prisoners the corresponding words of command shall be "Attention" and "As you were"113. Prisoners how to behave etc.
114. Duties of prisoners.
115. Concession regarding shaving etc., to prisoners.
116. Cutting of hair of women prisoners, etc.
- The hair of a woman prisoner shall not be cut, except when the Medical Officer deems it indispensable on the ground of health or cleanliness. Widows, who when admitted, have their heads shaved on account of widowhood, may have them shaved again, should they so desire.117. Articles prohibited in prison.
- No person shall except in accordance with these rules and with permission of the Inspector General, the Superintendent, the Assistant Superintendent, the Jailor or the Medical Officer, introduce or remove or attempt to introduce or remove into or out of a prison or supply or attempt to supply to a prisoner outside the limits of a prison any of the following articles:-118. Other articles prohibited in prison.
- Every article, of whatever description, shall be deemed to be a prohibited article within the meaning of section 42 and clause (12) of section 45 in the case of119. Acts constituting prison offences.
- The following acts shall constitute prison offences within the meaning of section 45, and whoever wilfully commits any of the said acts shall be deemed to have wilfully disobeyed the regulations of the prison and to have committed a prison offence namely:-(i)Endangering the security of the prison in any way, by a wilful or negligent act and shall include tampering in any way with prison walls, buildings, bars, locks and keys, lamps or lights or with any other security and custody measure.(ii)Planning instigating and abetting, directly or indirectly, the commission of any prison offence.(iii)Committing nuisance or mischief of any sort.(iv)Attacking, assaulting, and causing injuries to others.(v)Participating in a riot or mutiny, abetting another prisoner to do the same.(vi)Failing to report to prison officials about contraband articles.(vii)Refusing to eat food or refusing to eat food prescribed by the prison diet scale or going on a hunger strike.(viii)Failing to assist, or preventing another person from assisting, prison officials in suppressing violence, assault, riot, mutiny, attack, gross personal violence or any other emergencies.(ix)Talking when ordered by an officer of the prison to desist singing, loud laughter and loud talking.(x)Quarrelling with any other prisoner.(xi)Secreting any article whatever.(xii)Showing disrespect to any prison officer or visitor.(xiii)Making groundless complaints.(xiv)Answering untruthfully any question put by any officer or a visitor.(xv)Holding any communication (in writing, by word of mouth, or otherwise) with an outsider, with a prisoner of the opposite sex, civil or under-trial prisoner, or a prisoner of a different class, in disobedience of the regulations of the prison.(xvi)Omitting to assist in the maintenance of discipline by reporting any prison offence or to give assistance to an officer of the prison when called upon to do so.(xvii)Doing any act or using any language calculated to wound or offend the feelings and prejudices of a fellow prisoner.(xviii)Doing any act calculated to create any unnecessary alarm in the minds of the prisoners or officers of the prison.(xix)Leaving without permission of an officer of the prison, the group to which he is attached or the part of the prison in which he is confined.(xx)Leaving without permission of an officer of the prison, the building, the yard, the place in file, the seat or the berth assigned to him.(xxi)Loitering about the yards, or lingering in the barrack when these are open.(xxii)Omitting or refusing to march in file when moving about the prison.(xxiii)Visiting the latrines or bathrooms except at stated hours or without permission of an officer of the prison, or resorting unnecessarily to the night latrine.(xxiv)Appropriating any food not assigned to him, or taking from or adding to the portions assigned to other prisoners.(xxv)Removing, without permission of an officer of the prison, food from the kitchen, or disobeying any order as to the issue and distribution of foods and drink.(xxvi)Wilfully destroying food, or throwing it away without orders.(xxvii)Introducing into food or drink anything likely to render it unpalatable or unwholesome.(xxviii)Omitting or refusing to wear the clothing given to him, or exchanging, any portion of it for the clothing of other prisoners, or losing, discarding, damaging or altering any part of it.(xxix)Removing, defacing, or altering any distinctive number, mark or badge attached to, or worn on, the clothing or person.(xxx)Omitting or refusing to keep the person clean, or disobeying any order regulating the cutting of hair or nails.(xxxi)Omitting or refusing to keep clear his clothing, blankets, bedding, cups or platters or any other utensils or body ticket, or other identification token, or disobeying any order as to the arrangements or disposition of such articles.(xxxii)Tampering in any way with prison locks, lamps or lights or other property with which he has no concern.(xxxiii)Stealing the prison clothing or any part of the prison kit of any other prisoner.(xxxiv)Spitting on or otherwise soiling any floor, door, wall or other part of the prison building or any article in the prison.(xxxv)Wilfully befouling the walls, latrines, washing or bathing places.(xxxvi)Damaging the trees and vegetables in the prison garden or maltreating the prison cattle.(xxxvii)Omitting or refusing to take due care of the prison property entrusted to him.(xxxviii)Omitting or refusing to take due care of or injuring, destroying or misappropriating the materials and implements entrusted to him for work.(xxxix)Omitting to report at once any loss, breakage or injury which he may accidentally have caused to prison property or implement.(xl)Manufacturing any article without the knowledge or permission of an officer of the prison.(xli)Performing any portion of the task allotted to another prisoner, or obtaining the assistance of another prisoner in the performance of his own task.(xlii)Appropriating any foreign substance to the materials of another prisoner.(xliii)Mixing or adding any foreign substance to the materials issued for work.(xliv)Doing or omitting to do any act with intent to cause to himself any illness, injury or disability.(xlv)Causing or omitting to assist in suppressing violence or insubordination of any kind.(xlvi)Omitting or refusing to help any officer of the prison in case of an attempted escape or of an attack upon such officer or upon another prisoner.(xlvii)Disobeying any lawful order of an officer of the prison or omitting or refusing to perform duties in the manner prescribed, by or under these rules.120. Rules to apply to prisoners under sentence of simple imprisonment.
- Prisoners undergoing a sentence of simple imprisonment shall observe all prison rules regarding order, cleanliness and sanitation and shall be liable to the same punishment as other prisoners for breaches of order and discipline.121. Military prisoners not to wear uniforms.
- Military prisoners sentenced to simple imprisonment shall on no account be permitted to wear military uniform while in prison. If such a prisoner has no clothing in his possession other than his uniform, he shall be provided with prison clothing without the regulation stripes.122. Custody of under-trial prisoner.
- The custody of an under-trial prisoner shall be made as little irksome to him as possible. No restraint beyond what is absolutely necessary to prevent escape or unauthorised communication with persons either within or without the prison shall be imposed.123. Facilities to under-trial prisoners.
- Under-trial prisoners shall be allowed exercise during the day and shall be required to keep their clothing, person, ward or cell and yard clean and shall conform to prison rules. Those who have tampered with the rules for the good order and management of the prison may be refused any of the privileges allowed by rules, the fact being noted by the Superintendent in Form XIII. They may also be punished in the same way as convicted criminal prisoners.124. Relaxation in discipline on grounds of sickness.
- Whenever the Medical officer shall have reason to believe that either the mind or the body of a prisoner is likely to be injuriously affected by any part of the discipline or treatment given in the prison, he shall, after careful scrutiny, report the case in writing, to the Superintendent accompanied by such suggestions as he may think the case requires. The Superintendent shall thereupon, in regard to such prisoner alter or suspend the discipline and regulate the prisoner's work accordingly.125. Appointment of place for assembly of guard in event of disturbances.
- In every prison, a particular place shall be appointed where the guards will assemble for the purpose of quelling any disturbance which may occur.126. Steps to be taken in case of disturbances in prisons.
- On receipt of news of a serious outbreak or disturbances amongst the prisoners, the senior-most Jail Officer present shall cause the bell to be violently rung or siren to be sounded at the main gate and it shall then be the duty of every officer of the prison who is outside the prison to proceed at once to the appointed place under rule 125 and arm himself under the orders of such senior-most jail officer, who shall dispatch a messenger to the Superintendent, Assistant Superintendent, Jailor, if they are absent, and to the guards' lines to summon every available man.Note. - The alarm should not be raised for minor troubles.127. Prisoners to resort to place of security.
- It shall be the duty of every prisoner, immediately upon the alarm being given, to run at once to places of security usually the nearest barrack to be signified by the senior most guarding official present where they shall, as far as possible, be locked in by the guard inside the prison. Prisoners shall be warned that neglect of this rule shall render them liable to be treated as participating in the outbreak and fired on, if necessary.128. Prisoners outside prison to be collected and halted.
- Prisoners who are outside the prison, when the alarm is sounded, shall be at once collected and halted under guard of their escort until the disturbance is over, and they shall be made to sit down close together.129. Action to be taken by guards with arms.
- The guards with arms shall at the same time load and fix bayonets, but shall not act until the arrival of the Superintendent/Assistant Superintendent/Jailor unless to rescue or to save the life of any of the officers of the prison against whom the prisoners are actually committing violence, or to drive back the prisoners in the event of their attempting to force open the gate or to scale the walls.130. Action when officer is assaulted.
- Where the prisoners actually assault officers of the prison or attempt to break out of any ward or yard and the officer considers that it would be dangerous to delay until the arrival of the other officers of the prison, that officer will dispatch a party to the spot with orders to rescue the officer and prevent the prisoners from breaking out. The officer on arriving at the scene of disturbance, shall give notice to the prisoners in a loud tone, that, if they do not immediately surrender, they will be fired upon. This warning shall, if circumstances admit of delay, be repeated twice, and if there appears no other means of quelling the disturbance, the officer shall direct his men to open fire upon the refractory prisoners, which he shall stop, the moment they fly or surrender. On the arrival of the Superintendent/Assistant Superintendent/Jailor or the Superintendent of Police, the guard will act under their orders.131. Use of sword etc., against prisoners engaged in outbreak or disturbance.
- Any officer of the prison may use a sword, bayonet, firearm or any other weapon on any prisoner, engaged in any combined outbreak or in any attempt to force or break open the outer gate or enclosure wall of the prison or against any prisoner for using violence to any officer of the prison or other person:Provided that such officer has reasonable ground to believe that officer of the prison or other person is in danger of life or limb, or that grievous hurt is likely to be caused to him. The use of weapon may be continued only till such time as the combined out-break or attempt thereto is actually prosecuted.132. Use of arms etc., in presence of Senior Officer.
- No officer of the prison shall, in the presence of his senior officer, use arms or weapons of any sort against a prisoner except under the orders of such senior officer.133. Minimum force to be used.
- In all cases requiring the use of force, only the minimum force shall be used.134. Dispersion of mob outside prison.
- Prison authorities shall not attempt to disperse a mob outside the premises of the prison unless the prison itself is threatened.135. Calling for police aid.
- The Superintendent, the Assistant Superintendent, or in their absence, the Jailor shall call for police aid, as speedily as possible, either by phone or other means, only where such aid is absolutely necessary.136. Superintendent to submit report of assault.
- The Superintendent shall submit a full report to the Inspector General and the Government of any serious assault committed by any prisoner upon a prison employee or of any combined outbreak amongst prisoners.137. Prisoner with suicidal tendency.
- A prisoner with apparently suicidal tendencies shall be carefully watched and not left alone in a cell.138. Prisoner employed on extramural work not to leave the group.
- Where a prisoner is employed on extramural works, he shall not be allowed to leave the group under any pretext:Provided that all his legitimate requirements during such employment shall be met in the presence of the guard in immediate charge.139. Notice of escape of prisoner to be given and reports.
140. Escape from extramural work.
- Where a prisoner escapes from a group on extramural work, the officer in charge shall immediately collect the rest of the group, detach one of his escorts, if any is available, to follow the escaped prisoner, and march the group back to the prison, where he shall report the fact of the escape to the Jailor.141. Recaptured prisoner to be received on original warrant.
- An escaped prisoner who is recaptured may be received back into the prison on the original warrant.Chapter VIII
Habitual and Hardened Offenders.
142. Prisoners to be classified as habitual offenders.
- The following prisoners shall be classified as habitual offenders: -143. Authorities who may classify prisoners.
- Classification of a convicted person as habitual offender may be made by the convicting Court. If the convicting Court omits to do so, the Superintendent shall, on the basis of information at his disposal, send a report about the prisoner's social background, circumstances of the crime, known previous convictions, if any, and other like information to the Inspector General. The Superintendent shall move concerned police authorities to forward all available information regarding such prisoner from police record, to the Inspector General. On receipt of all relevant information, the Inspector General shall issue orders regarding the classification of the prisoner. Pending orders of the Inspector General, the Superintendent may, on the basis of any information available with him, temporarily classify any prisoner as a habitual offender, provided that if the Superintendent is doubtful about the correct classification of any prisoner, he shall refer such case to the Inspector General for orders.Explanation. - For the purposes of this rule, a 'convicting Court' includes a Court Martial and a Court passing an order under section 122 of the Code of Criminal Procedure, 1973.144. Study of prisoners.
145. Response to treatment and transfer of hardened offenders to Special Prison.
- Where the Classification Committee recommends that prisoners (not being adolescent prisoners and women prisoners), who do not respond to training and treatment should be transferred to a Central Jail, and such transfer is in the interest of the prisoners as well as of the institution, then such prisoners may be so transferred.146. Institution for hardened and persistent offenders.
- Habitual offenders who show signs of deep involvement in criminal activity and who have become hardened and persistent offenders shall be sent to aCentral Jail.147. Stage system for watching progress and admission to remission system subject to rule 291.
148. Review of progress.
149. Security and discipline.
- The Superintendent shall endeavour to take all steps necessary for the reeducation and improvement of habitual offenders, to maintain discipline in the prison and also shall take all security measures against their escape or otherwise.150. Demotion in the Stage system.
151. Habitual offenders to be employed on essential service.
- Habitual offenders may be employed on essential service only in a prison meant for habitual offenders; and non-habitual offender shall, on no account, be employed along with habitual offenders.152. Habitual offenders not to be confined in particular prison for long.
- Where habitual offenders are frequently confined in a particular prison or have become too familiar with the locality and surroundings, then the Superintendent shall, with the previous sanction of the Inspector General, transfer them to another prison.153. Special Prison.
- The following convicted prisoners may be kept in the special prison in a Central Jail:-(i)Those who have committed serious violations of prison discipline.(ii)Those who show tendency towards violence and aggression.(iii)Any other prisoners in whose case the Inspector General or the Government or both have issued specific orders.Note. - The decision of the Inspector General to transfer a prisoner to special prison in a Central Jail as a punishment shall be final.154. Habitual offenders to be allotted to cellular accommodation in Special Prison.
155. Grant of concessions.
- On the basis of the response shown by a prisoner in a Central Jail, the Superintendent may grant to such prisoner concessions like accommodation in a dormitory and association with other prisoners for exercise and work. An order authorising the grant of concessions shall be recorded in the History Ticket in Form No. XXV of the prisoner under the signature of the Superintendent or in his absence, that of the Assistant Superintendent.156. Transfer of habitual offenders to Central Prison.
Chapter IX
High Security Prisoners and Detenus
157. Categorisation of high security prisoners.
158. Staff pattern.
- An officer not below the rank of Assistant Superintendent shall be in charge of the High Security enclosures. Well-trained staff shall be detailed for watch and ward duty. No staff shall come in direct contact with the prisoners except as a requirement of duty.159. Facilities.
160. Reform and treatment programmes.
- The reform and treatment programmes shall be conducted within the enclosure itself. Minimum technical education with the main stress on basic education and handicraft work shall be conducted within the enclosure itself. These prisoners shall not be taken out to mix with other prisoners.161. Security.
162. Court hearing.
- Video conferencing linking may be provided to these high security enclosures with the concerned courts.163. Convicts for rigorous imprisonment.
- High security convicts undergoing rigorous imprisonment shall do all sort of work assigned to them inside the security enclosure.164. Punishment.
- All high security prisoners shall be punished for breach of discipline and committing prison offences like all other prisoners. Facilities like interviews and letters can be withdrawn for a limited time or forever, by the Inspector General.165. Provision of modern gadgets.
- All necessary gadgets such as breath analyzer, lie detector, and dogsquad may also be procured as per the requirements to check any breach of prison discipline.Chapter X
Civil Prisoners
166. Separation of civil prisoners.
- Every civil prisoner shall be confined in a civil jail or portion of the criminal prison set apart for the purpose, and shall not be allowed to hold communication or be associated with criminal offenders.Note. - A separate room need not be provided for each prisoner individually.167. Bar against transfer of civil prisoners.
- No civil prisoner shall be transferred from or to a civil prison, except as provided in the Prisoners Act, 1900.168. Diet for civil prisoners other than Judgment debtors.
- Civil prisoners other than judgment debtors shall be allowed diet on the scale provided for non-labouring criminal prisoners at the expense of Government and shall have their food cooked and supplied by convicts. All extra items ordered by the Medical Officers shall be paid for by Government169. Diet for Judgment debtors.
- Judgment debtors may be supplied with good and wholesome food by their friends, through the Jailor, at such hours, as the Superintendent shall fix. On the failure of friends to supply the food, the Superintendent shall arrange to supply the Judgment debtors with good and wholesome food having regard to the scale of monthly allowance fixed with reference to the class to which the Judgment debtor belongs.170. Escape of civil prisoners.
- On the occurrence of an escape of a civil prisoner, intimation shall be given to the Judgment creditor, who may if he be able to ascertain the whereabouts of the prisoner, assist the Jail authorities and the police in recapturing him. On recapture after escape, or on an attempt to escape, the prisoner shall be prosecuted better in a criminal court.171. Release of civil prisoner suffering from disease.
- A civil prisoner who has been committed to prison may be released therefrom by the Government on the ground of his suffering from any infectious or contagious disease, or by the committing court, or any court, or any court to which that court is subordinate, on the ground of his suffering from any serious illness. Whenever a civil prisoner is found to be suffering from any serious illness to cause his death, the case shall be immediately reported by the Superintendent to the committing court.172. Disposal of balance of diet money and other necessaries.
Chapter XI
Lunatics in Prisons
173. Classification of Criminal lunatics.
174. Transfer of Criminal lunatic.
175. Certificate under section 337 of the Code of Criminal Procedure, 1973.
- Where, the Inspector General grants a certificate under section 337 of the Code of Criminal Procedure, 1973, in respect of a criminal lunatic falling under clause (b) of sub-rule (1) of rule 173, the Superintendent of the prison shall at once forward a copy of such certificate together with the medical history of the criminal lunatic including information regarding his conduct in the prison, to the Magistrate or Court which passed an Order for his detention in order to enable the Magistrate or Court to take immediate measures to dispose of the case of such criminal lunatic.176. Transfer of lunatic prisoner.
177. Examination by Special Medical Board.
178. Criminal lunatics or lunatic prisoners to be transferred to Mental Hospital if fit.
179. Transfer of female lunatics.
- A female criminal lunatic or a female lunatic prisoner sent to or from a Mental Hospital shall be accompanied by a female attendant or a female relative in addition to the usual escort. The Police Department shall, in the absence of a female relation, make arrangements for a female attendant and shall bear the traveling and other expenses incurred on behalf of the attendant.180. Transfer of criminal lunatic by train.
- Criminal lunatics whether recovered or un-recovered, when traveling by train shall be placed with their escort or attendants into separate compartment, and shall not be allowed to mix with other passengers.181. Return of warrant.
- The warrant under which the lunatic prisoner was confined in prison shall be returned duly endorsed to the court that issued it, immediately after the lunatic prisoner is transferred to a Mental Hospital.182. Treatment of lunatic prisoner.
183. Re-transfer of lunatic prisoner on recovery to prison.
- Where a lunatic prisoner who on his recovery has been re-transferred into a prison from a Mental Hospital, his name shall be entered in Form VI and the period of probation he has to serve, according to the rules, shall be shown in column 14(f) of the Form.184. Relapse of insanity.
- Where a lunatic prisoner on his recovery is undergoing probation in a prison has a relapse of insanity, he shall be immediately returned to the Mental Hospital in anticipation of the orders of the Government and the case shall be reported to the Inspector General. With every such lunatic transfer either from the Mental Hospital to prison or vice-versa, full details of his up-to-date medical history shall be forwarded.185. Employment on light labour of lunatic prisoner on recovery.
- A lunatic prisoner who has recovered shall be employed on labour other than hard labour. He shall wear prison clothing and shall be treated in all respects as an ordinary convicted criminal.186. Procedure for recommending lunatic prisoner on recovery for release.
- Where it is proposed to recommend a lunatic prisoner on recovery for release, the Superintendent shall place his case before the official members of the Board of Visitors at a quarterly meeting and the official visitors may record any remarks thereon, they may consider to be necessary. The recommendation together with the remarks shall then be submitted to the Inspector General for being forwarded to Government.187. Information to be given while submitting the case.
- While submitting a case under the preceding rule, a nominal roll of the lunatic prisoner who has recovered along with the following information shall be forwarded with a covering letter to the Inspector General, namely:-188. Certificate of receipt of lunatic.
- Whenever a lunatic is received in a prison, a certificate or receipt shall be given by the person in charge of such prison to the person handing over the lunatic.189. Confinement of lunatic in cell.
- Where a criminal lunatic or a lunatic prisoner is found to be dangerous, noisy or filthy in his habits, he shall be confined in a cell and he shall be visited daily by the Medical Officer. The observations made by the Medical Officer regarding such prisoner shall be recorded in Form XXII. Other lunatics falling under clauses (a) to (c) of sub-rule (1) of rule 173 may be detained either in the prison hospital or in the criminal prison's ward at the discretion of the Medical Officer. A criminal lunatic or a lunatic prisoner confined in a cell shall at all times be under strict watch by a sufficient number of specially selected jail guards by day and by Head Guards by night.190. Certificate on discharge.
- Every lunatic shall, on discharge, be furnished with a certificate of discharge signed by the Superintendent.Chapter XII
Routine for Prisons
191. Opening of prison.
192. Ordinary daily routine for working day.
193. Formation of prisoners into groups for work and its distribution.
194. Meals.
- The meals shall be served hot and the prisoners shall take it at a place where the food will be free from contamination. The Jail guard in charge shall see that after the meals, the premises are thoroughly cleaned and that every prisoner thoroughly cleans his pots. The taking of mid-day meals shall be so adjusted that the prisoners will get at least 15 minutes' rest before resuming work.195. Games.
196. Mustering of prisoners before lock-up.
197. Regulation of locks and keys.
198. Number of prisoners confined in each ward at night to be recorded every day.
- The Jailor concerned shall, each night, record in register in Form XXIX (Lock up Register) the number of prisoners confined in the wards. The register shall be checked up and signed by the Superintendent and the Medical Officer next morning.199. Report to Superintendent at the time of lock up.
- The senior-most jail official on night duty shall, at the time of locking up, report to the Superintendent that all prisoners and all officers for night duty are present and that everything in the prison is correct or otherwise.200. Ingress and egress prohibited between lock up.
- After the Jail gates have been closed for the night, except with the permission of the Superintendent, no person (other than persons duly authorised by the Superintendent) shall be permitted to have any ingress in or egress from the prison or in any barracks or cells which have been locked up between the hours of lock up at night and un-locking in the morning.201. Opening of a barrack during the night in cases of emergency.
- If it becomes necessary to open a barrack or cell during the night (as for instance, in the case of the prisoner requiring medical attention), the official in charge of the keys shall break the seal of the key box and take the necessary keys to open the barrack. A report shall be made in the Jailors Report Book as in Form No. XVIII about such necessity to open the key box. Care shall be taken when removing a prisoner from a barrack at night that the other prisoners do not make a rush. To prevent this, the doors shall be provided with an iron chain, which will allow the door opening just enough space to allow one person to pass at a time.202. Literacy classes and supply of stationery.
203. Togetherness of prisoners.
204. Places to be assigned to each prisoner for sleeping.
- A prisoner shall sleep only in the place marked off for him by the Head Guards on duty.205. Lights near sleeping barracks or cells.
- A light shall be kept burning in or near every sleeping barrack or cell through the night. It shall be so placed as to throw sufficient light in the barrack or cell and shall be inaccessible to the prisoners. The Jail Guard on duty shall immediately report to the Head Guard on duty if the light goes out at any time during the night, and shall maintain order.206. Night visits by prison officials.
- The Superintendent, Assistant Superintendents, all Jailors and Assistant Jailors and Head Guards shall pay at least one night visit to the prison per week at uncertain hours.207. Washing of Clothes.
208. Issue of washing soap.
Chapter XIII
Employment of Prisoners
209. Board of Work Programme and Vocational Training.
- A Board of Work Programme and Vocational Training shall be constituted by the Inspector General under his chairmanship at the headquarter of the prison department to carry out the following functions for which the Inspector General will have full fiscal and administrative powers:-(i)Plan and implement programmes of work and vocational training;(ii)Arrange funds required to run such programmes;(iii)Fix a policy of production;(iv)Examine the economic aspects of the work programmes;(v)Put prison work, programmes on a sound commercial footing;(vi)Ensure co-ordination at all levels;(vii)Evaluate the performance of the work programme of each institution;(viii)Introduce practices and procedures of modern management of production;(ix)Guide, supervise, direct and control all matters relating to institutional work programmes and vocational training;(x)Organise workshops in after-care homes for discharged prisoners; and(xi)Promote marketing of prison products.210. Classification, forms of labour, eligibility for employment, and utilization of wages.
211. Employment of simple imprisonment prisoners.
- Subject to the provisions of section 36, a prisoner undergoing a sentence of simple imprisonment shall be given the benefit of remission and wages system as provided in these rules and be allowed labouring diet. No menial duties or duties of a degrading character shall be allotted to him.212. Under-trial prisoner not to be employed.
- Unless he so desires, no under-trial prisoner shall be allotted any work except that it shall be his duty to keep his bedding, clothing and yard clean:Provided that no such prisoner shall be allotted any work, which is to be executed along with a convicted criminal prisoner or outside his yard.213. Employment of prisoners.
214. Prison servants.
215. Assignment of work.
216. Assignment of conservancy work.
- Conservancy work shall, as far as possible, be allotted to a prisoner who was carrying on that occupation immediately before his imprisonment:Provided that conservancy work may be allotted to any other prisoner (not being a child or a minor) who volunteers for it, subject to the following conditions:-(a)a prisoner shall be employed only if his services are necessary for the purpose of the prison;(b)the Assistant Superintendent shall keep record of persons who have volunteered to do conservancy work, and the record shall be duly attested by the Superintendent;(c)the prisoner shall not be allowed to do conservancy work in combination with any other employment;(d)the Superintendent may at any time for reasons to be recorded in Form No. XIII discontinue the conservancy service volunteered by a prisoner.217. Employment of prisoners as per the terms of sentence.
218. Prisoner not to be employed on clerical work.
- No prisoner shall be employed to assist in clerical work of a prison:Provided that a prisoner, until he has completed one-fourth of the term of his sentence, and who is not guilty of forgery, fraud or criminal breach of trust, may, with the previous sanction of the Inspector General, be employed to write appeals of prisoners and to copy letters, reports, returns, statistical statements and rolls, in a verandah or gateway or other suitable place assigned for the purpose by the Superintendent. Any prisoner who is so employed shall not be allowed to enter the office for clerical work or to have access to warrants and any of the Jail registers, and shall be under the constant supervision of a jail-guard while at work.219. Work Assignment Committee.
220. Watching conduct of prisoner after assignment of work.
- Where a prisoner sentenced to imprisonment for a term of one year or more is assigned any work, his conduct of work shall be closely watched by the Jailor-in-charge and notes thereof made in his history-sheet in Form XIV in the appropriate place; and for this purpose, he may secure information in addition to his own observation through his subordinates. The sheet of every prisoner shall be scrutinised by the Work Assignment Committee once in every three months to consider any change of work or treatment, if necessary.221. Incidents of assignment of work.
- A prisoner, on being assigned work, shall be allowed reasonable time to learn it, and if during this time, he shows due diligence and makes satisfactory progress, the Superintendent shall consider his case for the purpose of remission as provided for under Chapter XV-"Remission to Prisoners", and for wages under Chapter XIV-"Facilities to Prisoners". In estimating a prisoner's progress, due allowance shall be made for the time necessary to enable a prisoner to learn his work and produce the full task having regard to the industry, difference in intelligence and physical strength.222. Inspector General to examine scale of task.
- The Inspector General shall examine, from time to time, the scales of tasks that prisoners produce and fix up standard scales of tasks for all industries and communicate the same to the Superintendent, who shall see that they are rigidly followed.223. Hours of employment.
224. Employment of prisoners under solitary confinement.
- A prisoner sentenced to solitary confinement by a criminal court shall be employed on suitable work and regulated task shall be extracted from him.225. Jailor-in-charge of employment of prisoners to see to proper distribution of work.
226. Medical Officer to examine prisoners on extramural work.
227. Safeguards for prisoners engaged in work.
228. Group of infirm prisoners.
- In every prison a group of infirm prisoners, if any, shall be formed, for whom a separate muster shall be kept. The group shall consist of old and infirm persons physically unfit for hard labour and prisoners discharged as convalescent from hospital, who are to be employed on other than hard labour.229. Setting up of Industries and Vocations.
230.
231.
232. Prisoners to be employed in works of repairs, etc.
- Every article for prison use which the prisoners can manufacture or repair, shall as far as possible, be produced/repaired by convict labour and Superintendent may purchase the material required for it from the market, with the sanction of the Inspector General.233. Prisoners not to be employed for private work.
- No prisoner shall be employed by the officers and the staff of prison for private work at their residence and in the gardens attached thereto.234. Employment of prisoners for outside agencies.
- Private parties/industrial units may be allowed to approach prisons to get their manufacturing work done by prison labour inside the prisons if capacity and knowhow for such manufacture is available. It should be ensured that appropriate wages and other expenses are paid by such private parties and industrial units.235. Prisoners not to be employed with outside labourers.
- No prisoner shall be employed in association with outside labourers, other than skilled workmen as Foremen or Instructors in public works or in other industries. No prisoner shall be allowed to go to a bazaar for any purposes even with proper escort.236. Guard on prisoners in employment.
- A single Jail Guard shall not be in sole charge of one or more prisoners working outside a prison. The guarding escort shall be as under:-(a)Two Jail Guards for every batch of not more than 10 prisoners.(b)If the number of prisoners is more than 10, the guard shall be two Jail Guards for each 10 prisoners or less and three Jail-Guards for each batch of 20 prisoners or less.Illustration237. Additional escort.
238. Prisoner on extramural work, if falls sick.
- If a prisoner working in an extramural file falls ill, the whole file shall return to the prison with its escort. The sick prisoner shall then immediately be placed before the Medical Officer.239. Strength of escort in extramural camps.
- In extramural campus, when the prisoners are guarded by the Jail Guards who are armed with breech-loaders, the strength of the escort will depend on the nature of the work. A Superintendent of such prison shall record in Form XIII, the strength of the escort necessary, for the guidance of the Jailor.Chapter XIV
Facilities to Prisoners
240. Intimation to relatives of prisoner.
- A printed post card in Form XIX shall be sent at Government cost to the relatives of a prisoner admitted to the prison.241. List of relatives.
242. Interviews and communications of prisoners.
243. Scale of interviews.
- A convicted criminal prisoner in Class I shall be entitled to have one interview every fortnight, and a convicted criminal prisoner in Class II shall be entitled to have one interview within a period of one month.244. Special interviews in discretion of Superintendent.
- The Superintendent may, notwithstanding the misconduct, if any, grant the prisoner interviews or allow him dispatch of letters at shorter intervals than those provided for in these rules, regard being had to special or urgent grounds such as, the serious illness of the prisoner, the occurrence of death of his near relative, the arrival of his friends or relatives from a distance to see the prisoner and undue hardship that may be caused to them if interview is refused, the fact that the prisoner is nearing release and wishes to secure employment or to make any other arrangement for his rehabilitation in society after release or any other sufficient cause.245. Interviews.
246. Competent authorities to sanction interviews.
247. Hours, procedure and place of holding interviews with prisoners.
248. Conduct of interviews, Complaint book.
249. Jailor to be present at every interview.
- Every interview with a convicted criminal prisoner, unconvicted criminal prisoner or a civil prisoner shall take place in the presence and hearing of a Jailor specially appointed by the Superintendent for the purpose, and it shall be the duty of such Jailor to see that no irregularity occurs and that no article is passed between the parties concerned, except through the prison authority present. During the interview a prisoner under sentence of death and his friends or legal advisers shall not be allowed to approach each other.250. Political matters not to be discussed at interviews- termination of interviews.
251. Language of conversation at interview.
- No conversation at an interview in a language not readily understood by the Jailor present shall be permitted, unless an interpreter is available on the prison staff.252. Which interview to be within sight but out of hearing.
- Every interview between an unconvicted criminal prisoner and his legal adviser shall take place within the sight, but out of hearing of a prison official. A similar concession may, subject to the provisions of rule 249, be allowed by the Superintendent in the case of an interview with near relatives that is to say, father, mother, brother, sister, husband, wife and children of such prisoner.253. Power of Government to withhold privileges of interview.
- Notwithstanding anything contained in these rules, the Government may in its discretion, at any time, direct that any convicted criminal prisoner or a class of convicted criminal prisoners shall not be allowed the privileges of interview.254. Jailor to remove any visitor and search persons.
- The Jailor may remove any visitor (other than an official or non-official visitor on duty) whose conduct is improper and he may search any person suspected of bringing in or taking out of the prison any articles prohibited under the rules in force.255. Letters of prisoners.
256. Facility of certain transactions to be permitted to prisoners.
- If the Superintendent is satisfied about the merits of each case and that the privilege shall not be misused, he may allow a prisoner in Class I or Class II,(a)to effect sale, transfer or disposal of his property outside the prison in accordance with law; or(b)to draw cheques in the absence of any relatives or friends to operate his accounts, if the money is required for a legitimate purpose such as payment of taxes or other dues or maintenance of his dependents.257. Supply of writing material, post cards etc. to prisoners for writing communications.
258. Subjects on which prisoners may correspond.
- A prisoner who is entitled to write a letter and who desires to do so, may correspond on personal and private matters; but he shall not include any matter likely to become the subject of political propaganda or any strictures on the administration of the prison, or any reference to other person confined in the prison who have their own opportunities for communication with their families.259. Procedure when communications are in language not understood by any jail employee.
- If none of the prison employees understands the language in which any letter is written by a prisoner or is received for him, it shall be submitted to the Inspector General with a view to obtain reliable translation of the same in English, Marathi, Konkani or Hindi.260. Communications from members of Parliament or State Legislatures.
- All communications between an unconvicted criminal prisoner or a convicted criminal prisoner or a civil prisoner who is a member of any house of Parliament or of a State Legislature and the presiding authority of such House of which he is a member or any officer thereof or the Chairman of a Committee (including a Committee of Privileges) of such House or a Joint Committee of both the Houses of Parliament or of the State Legislature shall be forwarded direct to the addressee. Any question, which such prisoner wishes to be asked in any such House, shall also be forwarded to the presiding authority thereof:Provided that if any such prisoner has not made or subscribed an oath or affirmation as required under the Constitution and has not taken his seat in such House, the Superintendent shall bring that fact to the notice of the presiding authority of that House while forwarding to him any such communication or question from such prisoner.261. Censoring and withholding of prisoners' letters and other communications.
262. Communication addressed by prisoner to Government Departments on matters not pertaining to prison administration.
- All communications addressed by a prisoner to Government Departments with respect to matters not pertaining to the prison administration shall be forwarded by the Superintendent direct to the addressee. Such communications shall not be included in the scale prescribed in sub-rule (3) of rule 255.263. Restrictions on privilege of interviews and communications or any condition relating thereto.
264. Report regarding withholding or curtailment of privilege.
- The Superintendent shall report to the Inspector General every quarter on the 1st of January, April, July and October all cases where such privileges are withheld or curtailed.265. Destruction of letters delivered to prisoners.
- All letters delivered to prisoners shall be destroyed after a week from the date of delivery, unless the Jailor allows any letter to be retained by a prisoner by putting on the letter his initials and words "allowed to be retained".266. Education of prisoners.
267. Every prison to have Library.
- The Central Jail, District Jails, Sub-Jails, Special prison and Civil prison shall have a library for the use of prisoners free of charge. The Superintendent shall make arrangements for the proper custody and issue of books to prisoners.268. Supply of news-papers.
269. Number and type of books which prisoners may keep in their possession.
270. Books in excess.
- Books brought by a prisoner or which are sent to him in excess of the number specified in the preceding rule shall be kept with the Superintendent who shall keep a list of such books and they may be issued to the prisoner in exchange for the books that he may already have in his possession. All such books shall be returned to him when he is released.271. Unconvicted criminal prisoners may purchase books.
- An unconvicted criminal prisoner shall be permitted to purchase at his own expense to obtain from private sources such number of books, as the Superintendent considers reasonable:Provided that no such book is in the opinion of the Superintendent vulgar, obscene, of an objectionable nature or prohibited by Government.272. Civil prisoners may purchase books.
- Subject to safeguards against the introduction of improper literature, and at the discretion of the officer in charge of a civil prison, a civil prisoner may have books (or newspapers and periodicals which are on the list approved by the Government) at his own expense.273. Legal aid.
- Prisoners of all categories may be given necessary facilities for-(a)appeal and petition according to the provisions of any law;(b)legal defence;(c)delegation of power of attorney (Property, land, civil suits, business transaction etc.); and(d)execution of Will.274. Photographs.
- Prisoners may be allowed to keep with them photographs of their family members up to post-card size and small size religious photographs. The Superintendent may use his discretion as to which photographs and religious pictures should be allowed to be kept with prisoners. Such pictures and photographs shall not be allowed to be pasted or hung in dormitories or cells or on other jail buildings.275. Gifts to Prison Department.
- The Inspector General may accept a gift of a radio set or gifts which are of the nature of public collections offered to prison department, for the benefit and use of prisoners.276. Exhibition of films.
277. Tournaments.
- The Inspector General may authorize the Superintendent to allow prisoners to take part in tournaments of Hu-tu-tu, Volleyball or the like both inside and outside the prison:Provided that teams of only well behaved prisoners shall be sent out to play with outside teams.278. Playing of indoor games by Class I prisoners.
- Prisoners in Class I shall be allowed to play chess, draughts and carom at their own cost.279. Wage system- Objectives to be served.
- Wages may be paid to prisoners for work done with a view to-(a)offering incentive and stimulus for effort, work and industry;(b)making prison work purposive and meaningful;(c)developing a sense of self-responsibility and self-respect amongst the inmates;(d)enabling prisoners to purchase their sundry daily extra requirements from the prison canteen; and(e)helping inmates to effect saving for their postrelease rehabilitation and also for extending economic help to their families.280. Canteen for prisoners.
281. No facility to refractory prisoners.
282. Certain facilities not to be given to offenders under the Reformatory Schools Act transferred to prison.
- An offender who is transferred to prison from a reformatory school or Borstal school shall not be-(i)given canteen facilities except soap, tooth powder and the like till he begins to earn remission in accordance with the provision under chapter XV Remission to Prisoners;(ii)given wages or remission earlier than provided for under clause (i) unless he volunteers and actually does the conservancy work.283. Scale of diet, amenities and privileges to Class I prisoners in the Jails.
- Class I prisoners in the jail shall be entitled to the scale of diet, amenities and privileges as under:| Food | |
| In addition to existing prescribed diet, | |
| Mutton .................. | 200 grams twice a week. |
| Butter..................... | 25 grams daily. |
| Milk...................... | 100 ml. daily. |
| Sugar (extra) ............ | 20 grams daily. |
| Equipments | |
| Each cell of Class I prisoners should contain aspart of its equipment the following furniture:- | |
| Bed (Hospital pattern) ............ 1 for eachprisoner | |
| Table (wooden)........................... 1 | -do- |
| Chair (Wooden)...........................1 | -do- |
| Book-shelf (Wooden).................... 1 | -do- |
| Mosquito net.............................. 1 | -do- |
| Jug water................................... 1 | -do- |
| Mirror (fixed 9"x 12")....................1 | -do- |
| Clothing | |
| Class I prisoners may be allowed to make use oftheir own normal private clothing and only when they have nosufficient clothing of their own, they shall be provided with thesame from the prisons. |
Chapter XV
Remission to Prisoners
284. Remission a concession and not right.
- Subject to the provisions of these rules, remission may be granted as hereinafter provided, as a matter of concession only and not as of right.285. Kinds of remission.
- Remission may be of the following kinds:-(a)Ordinary Remission;(b)Annual Good Conduct Remission;(c)Special Remission;(d)State Remission.286. Authority to grant ordinary remission.
287. Convicted criminal prisoners eligible for ordinary remission.
- Subject to the provisions of these rules, ordinary remission at the scales prescribed in rule 289 may be granted to the following classes of prisoners. -(a)Non-habitual prisoners having a substantive sentence of rigorous imprisonment of two months and more;Explanation. - For the purpose of ascertaining whether or not a prisoner is a habitual, the entries in court papers shall ordinarily be treated as standard reference.(b)Prisoners sentenced to simple imprisonment of two months and more who volunteer to work and actually work.(c)Prisoners working on conservancy or cooking jobs irrespective of their length of sentence.(d)Prisoners undergoing imprisonment in lieu of fine which immediately follows and is in continuation of the sentence which makes the prisoner otherwise eligible to remission.(e)Prisoners admitted for less than one month in hospital for treatment or for convalescence after an ailment or injury not caused wilfully. (Those admitted for such purpose for more than one month should be entitled to remission for good conduct only).(f)Ex-military prisoners for the period they pass while in transit or in military custody before their admission to the prisons in the State.(g)Prisoners who are habitual offenders may be granted remission subject to the provisions of rule 147.288. Non-eligibility for ordinary remission.
- Ordinary remission may not be granted to a prisoner-(a)where any sentence passed against him in default of payment of fine is not annexed to a term of substantive sentence for which the prisoner is otherwise eligible for remission;(b)if the term of sentence or the aggregate of sentence passed against him is reduced on appeal or otherwise to a period of less than two months;(c)in whose case, the Government has ordered that remission should not be granted;(d)(i)who, due to self-inflicted injuries, is detained in a hospital as indoor patient; or(ii)who has resorted to hunger-strike or workstrike, for such periods as may be decided by the Superintendent;(e)during out-periods which are not reckoned as part of sentence (being periods during bail, extradition and other periods which are treated as outperiods and not reckoned as part of sentence unless specific orders of the Government are issued in that behalf).(f)in the case of prisoners transferred from one prison to another on disciplinary grounds, during the period of their stay in the latter prison.(g)prisoners debarred from remission as punishment.289. Scale of ordinary remission.
| Category of prisoners | Scale of remission |
| 1 | 2 |
| (a) All prisoners except habitual prisoners | (i) three days percalendar month, subject to rule 147 and rule 291 for goodbehaviour, discipline and participation in the variousactivities, such as physical institutional training, educationalprogrammes and the like; and(ii) four days per calendar month, forperforming the allotted work in accordance with the prescribedstandards. |
| (b) Prisoners working conservancy jobs. | three days per calendar month, being aremission, in conservancy or cooking jobs in addition to theremission earned under clause (a). |
290. Procedure for calculating ordinary remission.
291. Ordinary remission in case of habitual prisoners.
292. Grant of remission to life convicts.
- Life sentence shall be taken as imprisonment for twenty years for the purpose of calculation of remission (under section 57, Indian Penal Code). In the case of a prisoner serving more than one life sentence, twenty years shall be treated as the total of all his sentences. When the State Sentence Review Board will examine his case, the remission to his credit will be one of the factors on the basis of which the review of his sentence will be considered.293. Grant of remission to prisoners sentenced by Court Martial.
- Prisoners sentenced by court martial shall be granted ordinary remission of the period they pass in transit, or in military custody, before their admission in prison on the same scale as laid down in these provisions.294. Granting of annual good conduct remission.
- Where any prisoner eligible for ordinary remission has not committed any prison offence for an uninterrupted period of one year, reckoned from the date of his sentence, or as the case may be, from the date on which he completed his punishment for a prison offence, he may be granted thirty days annual good conduct remission, in addition to other remission.Example. - A prisoner sentenced and admitted to a prison on second August, 2004, was removed from the remission system for a period of three months from 6th December, 2004. He will not be eligible for annual good conduct remission on 6th December, 2005 but on 6th March, 2006.295. Authorities to grant special remission.
- The Superintendent and the Inspector General shall be the authorities to grant special remission under these rules.296. Grant of special remission.
- Special remission at the scale prescribed in rule 297 may be granted to prisoners:-(i)for saving the life of a Government employee or prison visitor or inmate;(ii)for protecting Government employee or prison visitor or inmate from attack;(iii)for preventing or assisting in preventing escape of a prisoner or apprehending a prisoner attempting to escape or intimating the attempted escape of a prisoner;(iv)for assisting prison officer in emergencies like fire, or outbreak of a riot, strike or other like eventuality;(v)for assisting in preventing or detecting serious breach of prison regulations;(vi)for marked diligence and success in imparting education and in teaching arts and crafts;(vii)for outstanding contribution or performance in cultural activities that is to say, drama, music, sports and the like in the prison;(viii)for consistent good work in the prison industries, or agriculture, or in important prison services; or(ix)for any other sufficient cause.297. Scale of special remission.
- Subject to the provision of rule 300, the Superintendent may grant special remission to any prisoner not exceeding 30 days in a year; and the Inspector General may grant special remission upto 60 days in a year.Explanation. - For the purpose of this rule, year shall be reckoned from the date of sentence and any fraction of a year shall be reckoned as complete year.298. Mode of granting special remission.
299. Remission committee.
300. State remission.
301. Total of ordinary, annual good conduct and special remission not to exceed half of the substantive substance.
302. Maintenance of record of remission.
303. Report of special remission.
- The Superintendent shall, on or before the fifteenth June and of December, each year, forward to the Inspector General a list of prisoners who are granted special remission by him and the Inspector General during the six months immediately preceding the said dates.304. Cancellation and forfeiture of remission.
305. Power of Superintendent to cancel remissions by way of punishment.
- Subject to the provision of rule 304, a Superintendent may punish any prisoner for any prison offence under Section 46 of the Act by -(a)forfeiting earned remission upto 30 days for one offence. Earned remission beyond thirty days may be forfeited with the sanction of the Inspector General.(b)removing any prisoner from the remission system for a period not exceeding three month. However, the sanction of Inspector General shall be obtained for such removal from remission for any period exceeding three months:Provided that where the Superintendent is of the opinion that higher punishment by way of forfeiture of remission or removal from the remission system is necessary in the case of any prisoner, he may, with the previous sanction of the Inspector General award such higher punishment (including permanent removal from the remission system).306. Removal and restoration to remission system.
307. Transfer of prisoners of the remission system.
- When the prisoners on the remission system are transferred to other prisons, the remission sheets, duly checked and attested by the Jailor, shall be sent to the prison where the prisoner has been transferred.308. Power of Inspector General to revoke remission.
- The Inspector General may, at any time, call for the record of the case regarding remission granted to a prisoner and if he is satisfied that any prisoner was granted remission without sufficient reasons, by order, revoke, in whole or in part any ordinary or special remission granted to such prisoner or remove him from the remission system for the period specified in the order.Chapter XVI
Furlough and Parole Furlough
309. Sanctioning authority.
- The Inspector General shall, subject to these rules, be competent to grant furlough to convicted prisoners as hereinafter mentioned.310. When prisoner may be granted furlough.
| Sentence | When due for first release on furlough | When due for second release | When due for subsequent release | Duration of furlough per year |
| (a) Not exceeding five years | On completion of one year of actual imprisonmentto be counted from the date of admission to prison as convict. | After completion of six months of actualimprisonment to be counted from the date of his last return fromfurlough. | After completion of six months of actualimprisonment to be counted from the date of his last return fromfurlough. | 21 days |
| (b)Exceeding five years but not more than 14years | On completion of two years of actualimprisonment to be counted from the date of admission to prisonas convict. | After completion of one year of actualimprisonment to be counted from the date of his last return fromfurlough. | After completion of six months of actualimprisonment to be counted from the date of his last return fromfurlough. | 21 days during the first five years ofconfinement and 28 days for the rest of term. |
| (c) Prisoners sentenced to life imprisonmentexceeding 14 years. | On completion of three years of actualimprisonment to be counted from the date of admission to prisonas convict. | After completion of one year of actualimprisonment to be counted from the date of his last return fromfurlough. | After completion of six months of actualimprisonment to be counted from the date of his last return fromfurlough. | 21 days during the first five years ofconfinement and 28 days for the rest of term. |
311. Objectives of furlough.
- The objective of releasing a prisoner on furlough are:-(i)To enable the inmate to maintain continuity with his family life;(ii)To save him from the evil effects of continuous prison life;(iii)To enable him to maintain and develop his self-confidence;(iv)To enable him to develop constructive hope and active interest in life312. Furlough is not a right.
- Furlough is not a right but a concession, which may be granted to convicts. This concession is subject to cancellation. The Government or Inspector General reserves the right to debar or withdraw any prisoner, or category of prisoners, from the concession of furlough.313. Prisoners who shall not be granted furlough.
- The following categories of prisoners shall not be considered for release on furlough:-314. Furlough not to be granted after return from parole.
- Ordinarily furlough shall not be granted to a prisoner within a period of six months from the date of his return from parole.315. Furlough not to be granted without security.
316. How applications for grant of furlough should be dealt with.
317. Fresh application for furlough.
- A prisoner may, if he so desires, make a fresh application for furlough six months after the rejection of his previous application.318. Conditions of release.
- The sanctioning authority shall grant furlough to a prisoner subject to his executing a personal bond or giving cash security in Form No. II or Form No. III, as may be relevant, and also subject to a Surety executing a bond, in Form I. The release may further be subject to all or any of the following conditions: -319. Declaration before release.
- Before releasing a prisoner on furlough, a declaration as under shall be taken from him on the release order itself -"I hereby accept and agree to abide by the above conditions of the release order and I acknowledge that should I fail to fulfill these conditions or any portion of them, the sanctioning authority may revoke the order of release and forfeit the amount of security furnished by me, and I may be arrested by any Police Officer without warrant and remanded to undergo the unexpired portion of my sentence, and I further acknowledge that should I fail to fulfill these conditions or any portion of them, I am liable to be punished, on conviction, with imprisonment for a term which may extend to two years or with fine which may extend to Rs. 1,000, or with both".320. Prisoner ordinarily to bear journey expense.
- When a prisoner is released on furlough, the cost of his journey both ways shall be borne by the prisoner concerned: Provided that, if in the opinion of the sanctioning authority, the prisoner is not able to bear the expenses of journey both ways or either way, as the case may be, the sanctioning authority may direct that the whole or any portion of such expenses be borne by the Government.321. Extension of the period of furlough.
- Notwithstanding anything contained in the foregoing rules, the sanctioning authority may, on the application of a prisoner or otherwise, by an order in writing extend the period of furlough for such further period, subject to the limitations in Rule 310, as may be specified in such order on the same conditions on which the prisoner was originally granted furlough or on such other conditions as the sanctioning authority may determine.322. Intimation of release and of non-surrender of prisoner.
323. Release order inoperative on a prisoner's surrender to the prison authorities.
- As soon as prisoner released on furlough surrenders himself to the prison authorities, his order of release shall become inoperative. Where, therefore, a prisoner who is released on furlough has applied for the extension of the period of furlough and before his application has been sanctioned, surrenders himself to the prison authorities, he shall not be released after such surrender without obtaining a fresh order from the sanctioning authority.Parole:324. When parole to be granted.
- Parole may be granted to a prisoner in the event of emergent situations like death or serious illness of father, mother, brother, sister, spouse and children and also marriage of brother, sister and children.325. Application for grant of parole.
- A prisoner may be granted parole either on his own application or on an application made by his relative or friends, or legal adviser specifying full details of the emergent situation and circumstances warranting grant of parole. The application is to be submitted in triplicate in Form No. IV to the Superintendent.326. Authorities competent to sanction parole.
327. Applications for parole how to be dealt with.
328. Extension of period of parole.
329. Enquiries may be made on receipt of application and police report.
- On receipt of an application for parole along with the report of the Director General of Police under rule 328 (5), the sanctioning authority may make such further enquiries as it considers necessary, and pass such orders as it considers fit. If the sanctioning authority considers that there is no objection to release the prisoner concerned on parole it shall make an order for his release on parole.330. Conditions subject to which prisoners may be granted parole.
- The sanctioning authority may grant parole to a prisoner subject to his executing a Surety Bond in Form I and a Personal Bond in Form II or giving cash security in Form III respectively to observe all or any of the conditions mentioned therein and also subject to such other conditions, if any, as may be specified by the sanctioning authority:Provided that when prisoners convicted of serious offences are released on parole, a condition shall be included in the parole order directing or requiring the prisoner to report at the Police Station nearest to the place where he intends to spend his parole initially on his reaching such place and thereafter once or twice a week at such intervals as may be considered expedient:Provided further that when a prisoner applies for parole for the purpose of appearing at an examination, he will not be eligible to be released on parole unless the Inspector-General has passed an order in advance permitting him to appear at such examination.331. Parole order ineffective on prisoner's surrender.
- As soon as a prisoner released on parole surrenders to the Superintendent, his original order of release will be inoperative. Where, therefore, a prisoner who is released on parole has applied for the extension of the period of parole and before his application has been sanctioned, surrenders himself to the Superintendent, he shall not be released after such surrender without obtaining a fresh release order passed by the sanctioning authority.332. Intimation of release and of non-surrender of a prisoner.
333. Application of certain rules to parole cases.
- The provisions of rules 316(5), 318, 319, and 320 shall, mutatis-mutandis apply in the case of release of prisoners on parole. Miscellaneous:334. Form of order of release on furlough or parole.
- Every order of release on furlough or parole shall be made in Form No. V.335. Furlough and Parole to be counted as remission of sentence.
- The period of release on furlough and parole shall be counted as remission of sentence, provided that, in case of breach it shall not be counted.Chapter XVII
Petitions and Appeals of Prisoners
336. Desire of the prisoner to prefer an appeal.
337. Petitions from prisoners.
338. Petitions for remission of sentence or pardon on grounds of ill health.
- Where a petition for remission of a sentence or for grant of pardon is made on grounds of bad health, old age or other infirmity of the prisoner, it shall be accompanied by a report of the Medical Officer, stating how far the grounds are true and his opinion as to the probability of the prisoner's life being seriously endangered by prolonged imprisonment, and whether his life is likely to be prolonged, if the prisoner is set at liberty.339. Facility for preparation of petition.
340. Petitions when not to be forwarded.
- The Superintendent shall not forward any petition:341. Second petitions not to be entertained.
- Where a petition addressed to the Governor or President has been once rejected, a second petition from the same prisoner on the same subject shall not be entertained by the Superintendent, except on the recommendation in writing of an official visitor made in the Visitors' Book.342. Petition for mercy by convicted criminal prisoner sentenced to death.
343. Petition how to be forwarded.
- If the convicted criminal prisoner submits a petition within the period of seven days prescribed in rule 342, it shall be addressed to the Governor of Goa, and the President of India. The Superintendent shall forthwith forward it by registered post A. D. to the Secretary to the Government in the Home Department together with a covering letter reporting the date fixed for the execution, and shall certify that the execution has been stayed pending receipt of the orders of the Government on petition. If no reply is received within 15 days from the date of the dispatch of the petition, the Superintendent shall send a reminder, by the quickest mode of communication available, to the Secretary of the Government in the Home Department, drawing attention to the fact, but he shall in no case carry out the execution before the receipt of reply from the Government.344. Petition submitted after period prescribed.
345. Execution of sentence to be deferred under exceptional circumstances.
- In the event of its coming to the knowledge of the Superintendent at any time before the execution of sentence that altogether exceptional circumstances have arisen which plainly demand a reconsideration of the sentence, he may, notwithstanding anything contained in the foregoing rules, report the circumstances to the Government by quickest mode of communication available, and ask for its orders, and defer execution till they are received.346. Acknowledgement of orders.
347. Sentence not to be executed till appeal or application is dismissed.
- Whenever a sentence of death has been passed by any Court or Tribunal, the sentence shall not be executed until after the dismissal of the appeal to the Supreme Court or of the application for special leave to appeal to the Supreme Court is received or, in case no such appeal has been preferred or no such application has been lodged, until after the expiry of the period allowed for an appeal to the Supreme Court or for lodging of an application for special leave to appeal to the Supreme Court:Provided that if a petition for mercy has been submitted by or on behalf of the convicted criminal prisoner, execution of the sentence shall further be postponed pending the orders of the President thereon:Provided further that if the sentence of death has been passed on more than one person in the same case and an appeal to a higher court or an application for special leave to appeal to the Supreme court is lodged by or on behalf of only one or more but not all such persons, the execution of sentence shall be postponed in the case of all such persons.348. Petition of appeals and applications of a judicial nature.
349. Presentation of petition of appeal or application by prisoner.
350. Superintendent not to accept petition of appeal or application, without certain documents.
351. Reminder for copy of judgement.
- Where a prisoner under sentence of death has applied for a copy of the judgement or order, and for some reason, the delivery to him of the copy is delayed so that he cannot prepare his petition of appeal thereon and present it to the Superintendent within the period of seven days allowed to him by law, the Superintendent shall, on the seventh day after sentence, enquire of the prisoner whether he desires to submit a petition of appeal and shall forward to the High Court a simple statement of the reply given and signed by the prisoner, and a note thereon that a copy of the judgement or order had been applied for but it is not obtained in time. A note of prisoner's wish in regard to the appeal shall also be taken in his History Ticket.352. Petition for appeal or application for revision to High Court or Supreme Court how to be forwarded.
353. Reminder for intimating result of appeal.
354. Communicating the list of prisoner.
- The Superintendent shall communicate a list of prisoners of the following categories to the Duty Counsel, High Court Legal Services Committee and National Legal Services Authority (NALSA) in addition to contacting with District Legal Services Authority on continuous basis, for providing of legal aid and assistance to them:-(i)Under-trial prisoners who are old and infirm, including women who are pregnant or have babies to be nourished.(ii)Under-trials who have spent more than three months in prisons and who have no means to engage a counsel.(iii)Persons arrested on suspicion under Section 41 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), who have been in prison beyond a period of 15 days.(iv)Under-trials, who, the Superintendent has reason to think, have not completed 18 years of age and who should ordinarily be kept away from adults.(v)Any convicted prisoner who has already filed an appeal through prison authorities, as provided in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), and who has given in writing his desire to avail free legal aid. The Superintendent shall also supply information to the Duty Counsel regarding such appeal along with a copy of memorandum of appeal, if available,(vi)Prisoners or the members of their family, requiring legal assistance in any civil or criminal matters.Chapter XVIII
Prison Offences and Punishments
355. Powers of Jailor to place prisoner in iron or under mechanical restraint in certain circumstances.
- Where a Jailor on his own authority places a prisoner in irons or under mechanical restraint in pursuance of section 58, he shall make a report of the circumstances in Form No. XVIII, and further give notice thereof to the Superintendent for such orders as the Superintendent considers appropriate.356. Prisoners not to be punished for complaints etc.
- No prisoner shall be punished for any statement made to a visitor except with the concurrence of such visitor.357. Exclusion from privilege of earning wages.
- Punishment of exclusion from the privilege of earning wages for a period in excess of one month may be awarded after obtaining the approval of the Inspector General.358. Minor and major punishments.
- For the purposes of these rules, punishments specified in section 46 shall be classified minor or major as follows:(a)Minor -359. Pattern and weight of handcuffs etc.
360. Handcuffs not to be imposed in certain circumstances.
- No prisoner shall be handcuffed while being taken from a prison to a court and vice versa or from one prison to another, unless a definite direction that the prisoner be handcuffed, has been given in writing by the court or, as the case may be, by the Superintendent:Provided that the officer in charge of the prisoner may, if the prisoner becomes violent or attempts to escape or circumstances necessitate him so to do while in transit, handcuff him.361. Cells for women prisoner.
- In the women's section of every prison, there shall be a block of cells in sufficient number for use as punishment cells and to afford separate accommodation for women under-trial prisoners. A woman criminal prisoner may, at the option of the Superintendent, if cell accommodation is available, have the choice of occupying a cell in the women's section of the prison instead of being confined in the criminal prisoners ward:Provided that necessary arrangements for guarding of cells in the Women's ward and the custody of keys of these cells can be made.362. Cellular confinement.
363. Watch over prisoners in cells.
- Every prisoner in a cell shall both by day and by night have the means of communicating with the guard on duty. The guard shall keep the keys of the cells during the day and night. A strict watch shall be kept over all the prisoners in cells to prevent them from committing suicide or injuring themselves.364. Discipline in cells.
365. Withdrawal of bedding of prisoners in cells during day.
- The bedding of prisoners in cells except that of prisoners under observation for sickness or insanity shall be withdrawn from the cell during the day.366. Provision of work for labouring prisoners confined in cells.
- Labouring prisoners in cells shall be provided with suitable work according to their capacity.367. Procedure in case of sickness of prisoner in cell.
- In case of sickness of a prisoner confined in a cell, immediate notice shall be given by the guard to the Jailor in charge of the Yard or circle concerned who will send for the Medical Officer to attend to the prisoner and, if necessary, arrange to remove the prisoner to hospital.368. Convict sweepers, cooks and watermen may enter cells.
- Convict sweepers, cooks and watermen may enter the cells, when necessary, accompanied by a jail guard. Food shall be cooked and carried to the cells by prisoner cooks under the superintendence of an officer of the prison.369. Separate confinements.
- A prisoner in separate confinement shall not be out of sight of other prisoners. He shall be allowed to have one-hour exercise per diem and to have his meals in association with one or more other prisoners.370. Cellular confinements.
- Cellular confinement means such confinement with or without labour as entirely secludes a prisoner from having communication with other prisoners. Such a prisoner shall not be kept out of sight of other prisoners.371. Intervals between two periods of cellular confinement.
- No prisoner shall be sentenced to cellular confinement unless an interval of not less than fourteen days has elapsed since the date of termination of his previous sentence of cellular confinement.372. Medical Officer to certify fitness of prisoner for imposition of handcuffs.
373. Punishment by Magistrate for prison offence.
- Where a prisoner is sent in accordance with the provisions of section 52 of the Act for trial by a Magistrate and the Magistrate declines to act under the said section, the Superintendent may, subject to these rules, award any punishment specified in section 46 of the Act which he considers to be expedient and which the prisoner is fit to undergo.374. Acts constituting both prison offence and offence under Indian Penal Code, how to be dealt with.
- Where an act of a prisoner constitutes an offence under section 46 of the Act and also an offence under the Indian Penal Code, the Superintendent may, in his discretion, use his power under section 46 of the Act, and award the punishment or forward the prisoner to a Court of the magistrate of the First Class having jurisdiction, for trial:Provided that a prisoner committing any of the following offences shall be prosecuted:-| (1) Rioting - | |
| Section 146, Indian Penal Code......... | Rioting. |
| Section 148, Indian PenalCode........................ | Rioting armed with deadly weapon. |
| Section 152, Indian PenalCode........................ | Assaulting or obstructing a public servant whensuppressing riot. |
| (2) Escape - | |
| Section 222, Indian Penal Code...................... | Intentional omission to apprehend on the part ofa public servant. |
| Section 223, Indian Penal Code...................... | Escape from confinement or custody negligentlysuffered by a public servant. |
| Section 224, Indian Penal Code...................... | Resistance or obstruction by a person to hislawful apprehension. |
| (3) Offences affecting human body - | |
| Section 300, Indian Penal Code...................... | Murder. |
| Section 303, Indian Penal Code...................... | Murder by a life convict. |
| Sections 299 and 304, Indian Penal Code ......... | Culpable homicide not amounting to murder. |
| Section 304-A, Indian Penal Code ............... | Causing death by rash and negligent act. |
| Section 309, Indian Penal Code...................... | Attempt to commit suicide. |
| Section 323, Indian Penal Code...................... | Voluntarily causing hurt. |
| Section 326, Indian Penal Code...................... | Voluntarily causing grievous hurt by dangerousweapons or means. |
| (4) Any offence triable exclusively by a Court ofSessions. |