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State of West Bengal - Section

Section 51 in The West Bengal Correctional Services Act, 1992

51. Interviews.—

(1)Every prisoner shall have the right to have such number of interviews with his friends and relatives, not being less than one in a month; as may be prescribed. The State Government shall prescribed by rules the procedure of such interviews, having due regard to the question of security measures and safeguards against smuggling of contraband articles.
(2)Any legal practitioner as defined in clause (i) of section 2 of the Advocates Act, 1961 (25 of 1961), may interview any prisoner in connection with his defence in the presence of the Superintendent or any other officer of the correctional home duly authorised by the Superintendent and such interviews shall not be taken into account while computing the number of interviews admissible under the rules made under this Act.
(3)The Subject matter of an interview shall not include any matter in the nature of consultation for commission of any offence punishable under this Act or under any other law for the time being in force. The officer attending an interview may terminate the interview after giving due warning if he considers that the subject-matter of the interview is punishable as aforesaid, and shall note the fact of such termination together with the reasons thereof in the history ticket of the prironer concerned.
(4)There shall be erected a suitable interview shed inside the correctional home equipped with sitting arrangement for the interviews and the prisoners.
(5)Notwithstanding anything contained elsewhere in this section, in the case of a correctional home in any district the Chief Judicial Magistrate of that district and, in the case of a correctional home in Calcutta as defined in the Calcutta Municipal Corporation Act, 1980 (West Ben. Act 59 of 1980), the Chief Metropolitan Magistrate, may, at his discretion and subject such to conditions as he may dem fit to impose, allow any person to interview any prisoner confined in a correctional home in that district or in Calcutta, as the case may be.