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State of Punjab - Section

Section 455 in Punjab Jail Manual, 1996

455. Transfer of prisoners to civil hospital in case of serious illness.

- Where it is necessary to remove a convict or under trial prisoner to a hospital outside the jail for operative or other special treatment which cannot properly be given in the jail itself : -
(a)the orders of Inspector-General shall be obtained in cases in which convict or under trial is to be admitted to the hospital for inpatient treatment provided that in emergent cases the Superintendent is authorised to anticipate the sanction of Inspector-General though where he does so, he should make an immediate report to the Inspector-General.
(b)In cases in which the convict or under trial is taken to hospital for treatment as an outpatient only or for X-ray examination the Superintendent of the jail is empowered to authorise the visit himself. He is, however, required to report the matter for the information of the Inspector-General.
"The discretion given to the Superintendent to anticipate the sanction of Inspector-General does not apply to cases in which it is proposed to remove a prisoner to a hospital in another station. In such cases the orders of Inspector-General must be obtained in advance."In all cases in which a prisoner is removed to a hospital for the purpose of an operation the removal should take place as close as possible to the time fixed for the operation and the prisoner should be brought back to the jail hospital as soon as this can conveniently be done.The Superintendent of the jail concerned is responsible for making adequate arrangements for the guarding of such prisoners in a civil hospital. He should invariably request the Superintendent of Police concerned to provide sufficient police guard for guarding the prisoner sent to the hospital. He shall replace the warder guard by a police guard as soon as possible in view of the danger of escape or rescue. In any case an officer of the prison shall remain incharge of prisoner in hospital to serve as a prison officer in control of the prisoner for the purpose of section 55 of the Prisons Act.All expenses incurred by the hospital authorities in connection with the treatment of prisoners from jails will be borne by the Jail Department.Prisoners in special cases to get outside treatment at their own expenses. - Prisoners may be allowed, in special cases, to get treatment by an outside specialist at their own expense provided the medical officer of the jail considers such outside treatment necessary. In case a prisoner insists on having outside treatment at his own expense, only such specialist will be permitted to do the treatment as is approved by the Jail Medical Officer.(Punjab Government letter No. 1244-JJ-50/804, dated 21st February, 1950 and Delhi Government Letter No. F.4(19)50/R and J. dated 5th June, 1950).