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[Cites 0, Cited by 96] [Entire Act]

Union of India - Section

Section 45 in The Prisons Act, 1894

45. Prison offences.

- The following acts are declared to be prison-offences when committed by a prisoner:
(1)such wilful disobedience to any regulation of the prison as shall have been declared by rules made under section 59 to be a prison-offence;
(2)any assault or use of criminal force;
(3)the use of insulting or threatening language;
(4)immoral or indecent or disorderly behaviour;
(5)wilfully disabling himself from labour;
(6)contumaciously refusing to work;
(7)filling, cutting, altering or removing handcuffs, fetters or bars without due authority;
(8)wilful idleness or negligence at work by any prisoner sentenced to rigorous imprisonment;
(9)wilful mismanagement of work by any prisoner sentenced to rigorous imprisonment;
(10)wilful damage to prison property;
(11)tampering with or defacing history-tickets, records or documents;
(12)receiving, possessing or transferring any prohibited article;
(13)feigning illness;
(14)wilfully bringing a false accusation against any officer or prisoner;
(15)omitting or refusing to report, as soon as it comes to his knowledge, the occurrence of any fire, any plot or conspiracy, any escape, attempt or preparation to escape, and any attack or preparation for attack upon any prisoner or prison official; and
(16)conspiring to escape, or to assist in escaping, or to commit any other of the offences aforesaid.[46] [For rules issued with reference to clauses (4), (6) and (7) of section 46, see Gazette of India, 1923, Pt.I, p.1751.]. Punishment of such offences.- The Superintendent may examine any person touching any such offence, and determine thereupon, and punish such offence by
(1)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 prisoners history ticket;
(2)change of labour to some more irksome or severe form [for such period as may be prescribed by rules made by the [State Government] [Inserted by Act 17 of 1925, Section 2.];
(3)hard labour for a period not exceeding seven days in the case of convicted criminal prisoners not sentenced to rigorous imprisonment;
(4)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] [Substituted by A.O. 1950, for "Provincial Government".];
(5)the substitution of gunny or other coarse fabric for clothing of other material, not being woollen, for a period which shall not exceed three months;
(6)imposition of handcuffs of such pattern and weight, in such manner and for such period, as may be prescribed by rules made by the [State Government] [Substituted by A.O. 1950, for "Provincial Government".];
(7)imposition of fetters of such pattern and weight, in such manner and for such period, as may be prescribed by rules made by the [State Government] [Substituted by A.O. 1950, for "Provincial Government".];
(8)separate confinement for any period not exceeding [three] [ Substituted by Act 17 of 1925, Section 2, for "six".] months.Explanation. Separate confinement means such confinement with or without labour as secludes a prisoner from communication with, but not from sight of, other prisoners, and allows him not less than one hours exercise per diem and to have his meals in association with one or more other prisoners;
(9)penal diet, that is, restriction of diet in such manner and subject to such conditions regarding labour as may be prescribed by the State Government:Provided that such restriction of diet shall in no case be applied to a prisoner for more than ninety-six consecutive hours, and shall not be repeated except for a fresh offence nor until after an interval of one week;
(10)cellular confinement for any period not exceeding fourteen days:Provided that after each period of cellular confinement an interval of not less duration than such period must elapse before the prisoner is again sentenced to cellular or solitary confinement.Explanation. Cellular confinement means such confinement with or without labour as entirely secludes a prisoner from communication with, but not from sight of, other prisoners;[- - -] [Clause (11) was repealed and Clauses (12) and (13) renumbered as Clauses (11) and (12), respectively by Act 17 of 1925, Section 2.]
(11)[] [Clause (11) was repealed and Clauses (12) and (13) renumbered as Clauses (11) and (12), respectively by Act 17 of 1925, Section 2.] penal diet as defined in clause (9) combined with [cellular] [Substituted by Act 17 of 1925, Section 2, for "solitary".] confinement [- - -] [The words "as defined in clause (11)" repealed by Act 17 of 1925, Section 2.];
(12)[] [Clause (11) was repealed and Clauses (12) and (13) renumbered as clauses (11) and (12), respectively by Act 17 of 1925, Section 2.] whipping, provided that the number of stripes shall not exceed thirty:Provided that nothing in this section shall render any female or civil prisoner liable to the imposition of any form of handcuffs or fetters, or to whipping.
[Andhra Pradesh].- In its application to the State of Andhra Pradesh, in Section 46,(a) in Cl. (4), after the words the remission system, insert or furlough system;(b) Cl. (5) shall be omitted;(c) in Cl. (8), for the words three months, substitute two months;(d) Cl. (12) shall be omitted;(e) in the Proviso, the words or to whipping or render any prisoner on hunger-strike liable to whipping shall be omitted.Andhra Pradesh Act 23 of 1958, Section 3 and Sch. (w.e.f. 1-2-1960).[Assam].- In its application to the State of Assam, in Section 46(1) omit Cl. (12), and the words or to whipping appearing in the Proviso to the said section and substitute a full stop for the comma appearing after the word fetter in the said Proviso;(2) after Cl. (11), add the following clauses, namely:(12) forfeiture of class, grade, or prison privileges for a period not exceeding three months;(13) permanent or temporary reduction from a higher to a lower class or grade.Assam Act 12 of 1956, Section 2 (w.e.f. 2-5-1956).[Bihar].- In its application to the State of Bihar, in Section 46,(i) Cl. (12) shall be omitted; and(ii) in the proviso, the words or to whipping shall be omitted.Bihar Act 31 of 1956, Section 2 (w.e.f. 24-11-1956).[Gujarat].- Same as that of Maharashtra.Gujarat Act 11 of 1960, Section 87, Gujarat A.L. (8th Amdt.) Order, 1961.[Himachal Pradesh].- In its application to the State of Himachal Pradesh, in Section 46(4), substitute and deemed always to have been substituted as under:(4)(a) temporary forfeiture of class, grade or prison privileges,(b) temporary or permanent reduction from a higher to a lower class or grade,(c) such loss of privileges admissible under the remission system time being in force as may be prescribed by rules made by the State Government.Himachal Pradesh Act 10 of 1974, Section 2.[Madhya Pradesh].- In its application to the State of Madhya Pradesh, in Section 46,(i) Cl. (12) shall be omitted; and(ii) in the proviso, the words or to whipping shall be omitted.Madhya Pradesh Act 40 of 1961, Section 3 and Sch.[Maharashtra].- In its application to the State of Maharashtra, in Section 46,(a) in Cl. (4), for the words the remission system, substitute the remission or furlough system.Bombay Act 27 of 1953, Section 3 (w.e.f. 13-5-1953); Act 23 of 1959, Section 3 (w.e.f. 1-6-1959).(b) for Cl. (5), substitute the following clauses, namely:(5) exclusion from the privilege of earning wages for a specified period;(5-A) temporary or permanent reduction from a higher to lower grade or class, or forfeiture of the grade or class, or of all or specified prison privileges:;(c) Cls. (9) and (11) shall be omitted.Bombay Act 23 of 1959, Section 3 (w.e.f. 1-6-1959).(d) Cl. (12) shall be omitted and in the Proviso, the words or to whipping shall be omitted.Bombay Act 39 of 1957, Section 4 (w.e.f. 28-9-1957).[Orissa].- In its application to the State of Orissa, in Section 46,(a) in Cl. (4), for the words the remission system, substitute the remission or furlough system.Orissa Act 29 of 1958, Section 3 (w.e.f. 19-11-1958).(b) after Cl. (4), insert the following clause, namely:(4)(a) temporary forfeiture of class, grade or prison privileges or temporary or permanent reduction from a higher to a lower class or grade.Orissa Act 23 of 1956, Section 2 (w.e.f. 31-10-1956).(c) Cl. (5) shall be omitted.Orissa Act 29 of 1958, Section 3 (w.e.f. 19-11-1958).[Punjab, Haryana and Chandigarh].- In its application to the States of Punjab and Haryana and Union territory of Chandigarh, in Section 46, for Cl. (4), the following shall be, and shall be deemed always to have been substituted, namely:(4)(a) temporary forfeiture of class, grade or prison privileges,(b) temporary or permanent reduction from a higher to a lower class or grade,(c) 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.Punjab Act 37 of 1957, Section 2 (w.e.f. 6-11-1957) and Central Act 31 of 1966.[Tamil Nadu].- In its application to the State of Tamil Nadu, in Section 46, add at the end of the proviso 'or render any prisoner on hunger-strike liable to whipping'. [Tamil Nadu Act 18 of 1947, Section 2 (w.e.f. 6-11-1947).][Uttar Pradesh].- In its application to the State of Uttar Pradesh, in Section 46, after Cl. (4), insert the following clause, namely:(4-A) forfeiture or reduction of grade, either temporarily or permanently, and temporary forfeiture of prison privileges.Uttar Pradesh Act 9 of 1958, Section 3 (w.e.f. 27-2-1958).[West Bengal].- In its application to the State of West Bengal, in Section 46,(a) Cls. (5) and (9) with the Proviso thereof, (11) and (12) shall be omitted; and(b) at the end of the Proviso, the words or to whipping shall be omitted.West Bengal Act 22 of 1957, Section 3 ( w.e.f. 6-1-1958).