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State of West Bengal - Section

Section 67 in The West Bengal Correctional Services Act, 1992

67. Segregation of female prisoners.β€”

(1)Female prisoners may be accommodated in a correctional home for female prisoners or in the female ward of a correctional home, as the case may be, in the following manner:β€”
(a)female prisoners classified as habitual offenders shall be segregated from female non-habitual offenders;
(b)female under-trial prisoners shall be segregated from female convicts;
(c)female prisoners convicted or charged for an offence under the Bengal Suppression of Immoral Traffic Act, 1933 (Ben. Act 6 of 1933) or for any sexual or other offence involving grave moral depravity, shall be segregated from all other types of female prisoners.
Explanation.β€”For the purpose of clause (c), the offence of pick-pocketing or shop-lifting shall be deemed to be an offence involving grave moral depravity.
(2)No male officer or warder shall enter the female ward or enclosure except for the performance of his duties under this Act or the rules made thereunder or for carrying out the orders of his superior. In such case, the officer or warder shall be accompanied by the matron and a female warder in a central correctional home and by a female warder in a district or subsidiary correctional home for so long as such male officer or warder remains in the female ward or enclosure on duty:Provided that such male officer or warder may enter the female ward or enclosure at night only for discharge of an unavoidable duty which cannot be held up till the next morning and, in such emergency, the male officer or warder shall make an entry in the gate register noting down the purpose and time of his entry and the time of his exit and shall be accompanied by a matron or a female warder.
(3)A female prisoner shall not be accommodated in a female ward alone. If there is no other female prisoner in the correctional home, the Superintendent shall depute a female warder to stay and sleep with the female prisoner at night. In a subsidiary correctional home where there is no female warder, the Assistant Controller shall employ a female warder from the panel prepared by the Superintendent to stay and sleep with the female prisoner as aforesaid.
(4)The male warders escorting any visitor shall remain outside the female word or enclosure and the visitor shall enter the female ward or enclosure accompanied by two officers not below the rank of Controller.
(5)A police-officer may, on the orders of a competent Court, take the foot-print, finger impression, photograph or measurement of a female prisoner in the officer of the correctional home in the presence of an officer of the correctional home, not below the rank of Controller or Assistant Controller and the matron or a female warder.
(6)When a female prisoner is confined in a cell, the key of the cell shall be in the custody of the female warder who shall be within hearing distance of the female prisoner and, for the day and night, two separate female warders shall be placed on duty as far as practicable.