Section 25(1) in The West Bengal Correctional Services Act, 1992
(1)A prisoner, whether convicted or undertrial, who by his social status, education and habits of life is found to have been accustomed to a superior mode of living, shall be classified as a Division I prisoner unless—(a)he is found to be a habitual offender; or(b)he is convicted of—(i)an offence involving grave cruelty or grave moral turpitude, or(ii)an offence involving illegal hoarding, storage, movement or disposal of any essential commodity, or(iii)an economic offence of grave social consequences, or(iv)an offence of cheating, forgery, outraging modesty of any female, rape or sodomy.
