3. [ Definitions prescribed in rules made under Act IX of 1894. [Part II, Section III, Rule I.]
- In these rules, unless a different intention appears from the subject or context, the expression-](a)"Casual" means any convicted criminal prisoner who is not a "habitual" as hereinafter defined;(b)"Central Jail" means any prison in which criminal convicted prisoners are received, for the purpose of undergoing their sentences, by transfer from any other jail and in which such prisoners are not, when committed to prison, in the first instance ordinarily received. Provided that no jail shall be deemed to be a central jail unless and until the Local Government shall have declared it to be such;(c)"compartment" means any room, workshop, godown or other covered in, enclosed and protected place in a jail, other than a cell or ward;(d)"convict" means a convicted criminal prisoner;(e)Cancelled.(f)"District Jail" means any prison to which prisoners from one or more districts are, in the first instance, ordinarily committed and includes every jail other than a central jail or a special jail, as in this section defined;[Note [See para 1004.] - A temporary prison provided under Section 7 of the Prisons Act, 1894, would unless constituted a central or special jail, be a district jail,](g)"Habitual" or "habitual criminal" means -(i)[ Any person convicted of an offence whose previous conviction or convictions under Chapter XII, XVI, XVII or XVIII of the Indian Penal Code taken by themselves or with the facts of the present case show that he habitually commits an offence or offences punishable under any or all of those chapters;] [P.G. letter No. 3518 (H. Jails), dated 28th January, 1929.](ii)Cancelled;(iii)any person committed to or detained in prison under Section 123 (read with Section 109 or Section 110) of the Code of Criminal Procedure;(iv)any person convicted of any of the offences specified in (i) above when it appears from the facts of the case even although no previous conviction has been proved that he is by habit a member of a gang of dacoits, or of thieves or a dealer in slaves or in stolen property;(v)any member of a criminal tribe, subject to the direction of the Local Government concerned;(vi)any person convicted of an offence and sentenced to imprisonment under the corresponding Sections 6 of the Indian Penal Code and the Code of Criminal Procedure as applied by order under the Indian (Foreign Jurisdiction) Order in Council 1902, or by the authority of any Prince or State in India;(vii)any person convicted by a court or tribunal acting outside India under the general or special authority of His Majesty, of an offence which would have rendered him liable to be classified as a habitual criminal if he had been convicted in a court established in British India.Explanation - For the purposes of this definition the word "conviction" shall include an order made under Section 118, read with Section 110, of the Criminal Procedure Code.Note 1 :- The classification of a convicted person as a habitual criminal should ordinarily be made by the convicting court but if the convicting court omits to do so, such classification may be made by the District Magistrate, or, in the absence of an order by the convicting court or District Magistrate, and pending the result of a reference to the District Magistrate, by the officer incharge of the jail where such convicted person is confined. Provided that any person classed as a habitual criminal may apply for a revision of the order.Note 2 :- The convicting court or the District Magistrate may for reasons to be recorded in writing, direct that any convicted person or any person committed to or detained in prison under Section 123, read with Section 109 or Section 110 of the Code of Criminal Procedure shall not be classed as a habitual criminal and may revise such direction.Note 3 :- Convicting courts or District Magistrates, as the case may be, may revise their own classifications and the District Magistrate may alter any classification of a prisoner made by a convicting court or any other authority provided that the alteration is made on the basis of facts which were not before such court or authority.Note 4 :- The expression "District Magistrate" wherever it occurs in Notes 1, 2 and 3 above means the District Magistrate of the district in which the criminal was convicted, committed or detained. The expression includes a Presidency Magistrate.Note 5 :- Every habitual criminal shall as far as possible be confined in a special jail in which no prisoner other than habitual criminals shall be kept :Provided that the Inspector-General of Prisons may transfer to this special jail any prisoner, not being a habitual criminal, whom for reasons to be recorded in writing, he believes to be of so vicious or depraved a character and to exercise, or to be likely to exercise, so evil an influence on his fellow prisoners, that he ought not to be confined with other non- habitual prisoners but a prisoner so transferred shall not otherwise be subject to the special rules affecting habitual criminals.Note 6 :- With reference to rule 1(V) above a habitual offender is defined in Section 2(3) of Punjab Act No. XII of 1952 as a person, -(a) who, during any continuous period of five years, whether before or after the commencement of this Act, has been convicted and sentenced to imprisonment more than twice on account of any one or more of the offences mentioned in the Schedule to this Act, committed on different occasions and not constituting parts of the same transaction; and(b) who has, as a result of such convictions, suffered imprisonment at least for a total period of twelve months.Explanation. 1 :- A conviction which has been set aside in appeal or revision and any imprisonment suffered in connection therewith shall not be taken into account for the above purpose.Explanation 2. - In computing the period of five years, any period spent in jail either under a sentence of imprisonment or under detention shall not be taken into account.(h)"Inspector-General" means the Inspector-General for the time being, of prisons in the Punjab;(i)"Juvenile" means any prisoner who has not attained the age of eighteen years;(j)"Special Jail" means any prison provided for the confinement of a particular class or particular classes of prisoners, and classed as a Special Jail by the Local Government;(k)"Subordinate Officer" means and includes every officer of a prison other than the Superintendent and the Medical Officer thereof;(l)"Under sentence" means under sentence of transportation or of imprisonment of either description; and(m)"Probation Officer" means a Probation Officer as defined in the Good Conduct Prisoners Probational Release Rules, published with Punjab Government Notification No. 13273 dated 27th April, 1927."words importing the masculine gender shall be taken to include females, and words in the singular shall include the plural, and vice versa.
