Section 82 in The West Bengal Correctional Services Act, 1992
82. Offences punishable under the Indian Penal Code, etc.—
(1)Where a prisoner commits within a correctional home an offence punishable under the Indian Penal Code (45 of 1860) or any other law for the time being in force, and if the Superintendent finds the said offence to be of a serious nature, he shall not impose any punishment on the said prisoner under sub-section (1) or sub-section (2) of section 81 but shall lodge a complaint to the Sub-Divisional Judicial Magistrate having jurisdiction or to the Chief Metropolitan Magistrate, Calcutta, if the correctional home is situated within his jurisdiction, praying for trial of the prisoner by a competent Court.(2)On receipt of a complaint under sub-section (1), the Sub-Divisional Judicial Magistrate or the Chief Metropolitan Magistrate, Calcutta, as the case may be, shall direct the Superintendent of Police or the Commissioner of Police, Calcutta, as the case may be, to investigate into the matter and frame charges against the prisoner under the provisions into the matter and frame charges against the prisoner under the provisions of the Code of Criminal Procedure, 1973 (2 of 1974).(3)When a prisoner is prosecuted under sub-section (2), the Superintendent shall arrange for his legal aid at Government cost or shall allow the prisoner to defend his case by any legal practitioner at his own cost if the prisoner so desires, and such legal practitioner shall be allowed to interview the prisoner as often as he considers necessary and the provisions of section 51 shall apply to all such interviews.(4)The Sub-Divisional Judicial Magistrate or the Chief Metropolitan Magistrate, Calcutta, as the case may be, shall decide on the charges framed under sub-section (2), and pass such orders as he may consider expedient.
