Section 24 in The West Bengal Correctional Services Act, 1992
24. Classification of Prisoners.—
(1)The prisoners detained in correctional homes shall be classified as follows:—(a)civil prisoners,(b)criminal prisoners,(c)under-trial prisoners,(d)convicted prisoners,(e)habitual offenders,(f)non-habitual offenders,(g)political prisoners,(h)detenus,(i)lunatics—criminal and non-criminal.(2)The prisoners referred to in clauses (a) to (h) shall further be classified into male prisoners and female prisoners according to their sex and into Division I prisoners and Division II prisoners in terms of the provisions of sections 25.(3)(i)Any person committed to a correctional home by a Civil Court under the provisions of the Code of Civil Procedure, 1908 (5 of 1908), or any other law for the time being in force, shall be classified as a civil prisoner.(ii)Any person committed to a correctional home by any Court or authority for any offence punishable under the Indian Penal Code, (45 of 1860), or any other law for the time being in force or by an order of a court-martial under a writ or order, duly sealed and signed by such Court or authority, shall be classified as a criminal prisoner.(iii)Any person committed to a correctional home having been accused of any offence shall, until he is convicted for that offence or any other offence by any Court, be classified as under-trial prisoner.(iv)Any other person committed to a correctional home in respect of whom any order of conviction has been made by any competent Court and a person committed to the custody of a correctional home in default of payment of fine or furnishing security under any proceeding under sections 107 to 110 of the Indian Penal Code shall be classified as a convicted prisoner.(v)Any prisoner coming within the meaning of clause (f) of section 2 shall be described as a habitual offender. All other prisoners shall be described as non-habitual offenders.(vi)Any person arrested or convicted on a charge of having committed or attempting to commit or aiding or abetting the commission of any offence, coming within the purview of any offence punishable under the Indian Penal Code or any other law for the time being in force, in furtherance of any political or democratic movement or public agitation, shall be classified as political prisoner:Provided that any member or supporter or any person having any involvement with any organisation which is either prescribed or is an organisation classified or declared to be a terrorist organisation or similar organisation under any law for the time being in force, shall not be classified as political prisoner.Explanation. - For the purpose of this clause, the expression "any political or democratic movement or public agitation" means a movement or public agitation sponsored or carried out by any political party or any group or association of persons for furtherance of any political objective securing human rights or undertaking activities for social reform but does not include any political or democratic movement or public agitation by any group based on any communal, regional, linguistic or caste considerations against any other similar group.'(vii)Any person who has been committed to a correctional home by warrant, writ or order issued under any law providing for preventive detention or any person detained without any opportunity of trial under any law for the time being in force, shall be classified as a detenue.(viii)Any person who has been committed to the custody of a correctional home by a warrant, writ or order made by a Court for an alleged offence under any law for the time being in force or for serving a sentence for an offence punishable under any law for the time being in force shall be classified as a criminal lunatic if he—(a)is found to be of unsound mind on the date of his admission into a correctional home; or(b)is found to have developed unsoundness of mind after his admission into a correctional home but before his conviction;(c)is found to have developed unsoundness of mind after his admission into a correctional home and after his conviction:Provided that a person classified as a criminal lunatic under this clause shall cease to be so classified as soon as he is declared by a psychirtrist to have been cured on unsoundness of mind and shall, thereafter, be classified as a criminal prisoner.(xi)Any prisoner confined in a correctional home on grounds of unsoundness of mind, who is not charged with any offence and against whom no criminal case is pending in any Court, shall be classified as non-criminal lunatic.
