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State of Sikkim - Section

Section 66 in The Sikkim Prisons Act, 2007

66. Punishment of such offences.

(1)No officer other than the Superintendent may examine any person committing such offence, and determine thereupon, and punish such offence by: -
(i)a formal warning: -
Explanation: - a formal warning shall mean a warning personally addressed to a prisoner by the Superintendent and recorded in the punishment book and on the prisoner’s history-ticket;
(ii)change of labour to some more irksome or severe form for such period as may be prescribed by rules made by the State Government from time to time;
(iii)hard labour for a period not exceeding seven days in the case of convicted criminal prisoners not sentenced to rigorous imprisonment;
(iv)such loss of privileges admissible under the remission system for the time being in force as may be prescribed by rules made by the State Government from time to time;
(v)separate confinement for any period not exceeding three months or as specified by the authorized authority,
Explanation: separate confinement means such confinement with or without labour and secludes a prisoner from communication with, but not from sight of, other prisoner, and allows him not less than one hour's exercise per diem and to have his meals in association with one or more other prisoners:
(vi)Penal diet- that is restriction of diet in such manner and subject to such conditions regarding labour as may be determined by the Deputy Inspector General / Sr. Superintendent of Prisons:
Provided that such restriction of diet shall in no case be applied to a prisoner for more than Forty-eight consecutive hours, and shall not be repeated except for a fresh offence nor until after an interval of one week;
(2)No prisoner may be punished unless he has been informed of the offence alleged against him and given proper opportunity of presenting his defense. The competent authority may conduct an inquiry into the case. No prisoner may be punished except in accordance with the terms of laws or regulations.
(3)No prisoner shall be punished twice for the same offence provided that any security measure (separate confinement) taken for the safe custody of a refractory and dangerous prisoner or for preventing him from committing mischief or stoppage of privileges which are otherwise admissible to well behaved prisoners only, may not be construed as prison punishment for this purpose.
(4)The punishment of confinement or fatigue work may not be implemented unless the Medical Officer has examined the prisoner and certified in writing that he/she is fit to sustain it. The same rules may apply to any other punishment that may be prejudicial to the physical or mental health of a prisoner.