Section 83 in The West Bengal Correctional Services Act, 1992
83. Offences by persons employed in correctional home.—
(1)Any officer or other employee of a correctional home, who—(i)wilfully commits a breach of any provision of this Act or the rules made thereunder; or(ii)neglects, or omits without reasonable excuse to perform, his duties under this Act or the rules made thereunder, or(iii)deliberately and unnecessarily indulges in any sort of harsh or cruel or humiliating behaviour to a prisoner, or(iv)voluntarily abets the commission of any act referred to in clauses (i), (ii) and (iii), shall, when such breach, negligence or omission, indulgence, or abetment causes substantial injury to the person or property of any prisoner or to any property of the correctional home, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.(2)Any officer or other employee of a correctional home, who voluntarily causes hurt to a prisoner within the meaning of section 320 of the Indian Penal Code (45 of 1860), shall be punished with imprisonment for a term which may extend to five years, or with fine which may extend to five thousand rupees, or with both; any officer or other employee of a correctional home, who commits any offence punishable under the Indian Penal Code, shall be punished with imprisonment which may extend to three years, or with fine which may extend to three thousand rupees, or with both.(3)Any officer or other employee of a correctional home who,—(i)causes diminution in the quantity, or deterioration in the quality, of diet to be served to a prisoner under this Act or the rules made thereunder with a motive of personal gain for himself or any other person or out of malice to a prisoner, or(ii)wilfully participates or connives entry into, or despatch from, the correctional home of any narcotic drug or intoxicating or explosive substance or of any prohibited article,shall be punished with imprisonment for a term which may extend to three years, or with fine which may extend to three thousand rupees, or with both.(4)Any officer or other employee of a correctional home, who helps, or connives at, any attempt made by a prisoner for escape from the correctional home, shall be punished with imprisonment for a term which may extend to ten years, or with fine which may extend to five thousand rupees, or with both.(5)An offence under sub-section (1) or sub-section (2) or sub-section (3) or sub-section (4) shall be triable by a Metropolitan Magistrate if it is committed in a correctional home within Calcutta as defined in the Calcutta Municipal Corporation Act, 1980, (West Ben. Act 59 of 1980) or by a Judicial Magistrate having jurisdiction if it is committed in a correctional home situated in a district.(6)No prosecution shall lie against an officer or other employee of a correctional home under this section without the prior approval of the Inspector General of Correctional Homes and Correctional Services.
