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State of Punjab - Section

Section 4 in Punjab Jail Manual, 1996

4.

(i)Punjab Jail Department shall protect society and shall endeavour to reform and reassimilate offenders in the social milieu by giving them appropriate correctional treatment.
(ii)There shall be a Department of Prisons and Correctional Services, dealing with adult and young offenders - their institutional care, treatment, aftercare, probation and other non-institutional services.
(iii)The State shall endeavour to evolve proper mechanism to ensure that no under trial prisoner is unnecessarily detained. This object shall be achieved by speeding up trials, simplifying of bail procedure and by periodic review of cases of under trial prisoners. Under trial prisoners shall as far as possible, be confined in separate institutions.
(iv)Since it is recognised that imprisonment is not always the best way to meet the objective of punishment, the State shall endeavour to provide in law new alternatives to imprisonment such as community service, forfeiture of property, payment of compensation to victims, public censure, in addition to the ones already existing, and shall specially ensure that the Probation of Offenders Act, 1958, is effectively implemented throughout the State.
(v)Living conditions in every prison and allied institutions meant for the custody, care, treatment and rehabilitation of Offender shall be compatible with human dignity in all aspects such as accommodation, hygiene, sanitation, food, clothing, medical facilities. All factors responsible for vitiating the atmosphere of these institutions shall be identified and dealt with effectively.
(vi)In consonance with the aims and objectives of prisons, the State shall provide appropriate facilities and professional personnel for the classification of prisoners on scientific basis. Diversified institutions shall be provided for the segregation of different categories of inmates for proper treatment.
(vii)The State shall endeavour to develop the fields of criminology and penology and promote research on the typology of crime in the context of emerging patterns of crime in the country. This will help in proper classification of offenders and in devising appropriate treatment for them.
(viii)A system of graded custody ranging from special security institutions to open institutions shall be provided to offer proper opportunities for the reformation of offenders according to the progress made by them.
(ix)Programmes for the treatment of offenders shall be individualised and shall aim at providing them with opportunities for diversified education, development of work habits and skills, change in attitude, modification of behaviour and implementation of social and moral values.
(x)The State shall endeavour to develop vocational training and work programmes in prisons for all inmates eligible to work. The aim of such training and work programmes shall be to equip inmates with better skills and work habits for their rehabilitation.
(xi)Payment of fair wages and other incentives shall be associated with work programmes to encourage inmate participation in such programmes. The incentives of leave, remission and premature release to convicts shall also be utilised for improvement of their behaviour, strengthening of family ties and their early return to society.
(xii)Custody being the basic function of prisons, appropriate security arrangements shall be made in accordance with the need for graded custody in different types of institutions. The management of prisons shall be characterised by firm and positive discipline, with due regard, however, to the maintenance of human rights of prisoners. The State recognise that a prisoner loses his right to liberty but maintains his residuary rights. It shall be the endeavour of State to protect these residuary rights of the prisoners.
(xiii)The State shall provide free legal aid to all needy prisoners.
(xiv)Prisons are not the places for confinement of children. Children (boys under 16 years of age and girls under 18 years of age) shall in no case be sent to prisons. All children confined in prisons at present shall be transferred forthwith to a separate institution, meant exclusively for children with facilities for their care, education, training and rehabilitation. Benefit of non-institutional facilities shall, whenever possible, be extended to such children.
(xv)Young offenders (between 16 to 21 years in the case of boys and 18 to 21 in the case of girls) shall not be confined in prisons meant for adult offenders. There shall be separate institutions for them where, in view of their young and impressionable age, they shall be given treatment and training suited to their special needs of rehabilitation.
(xvi)Women offenders shall, as far as possible, be confined in a separate institution specially meant for them. Wherever such arrangements are not possible they shall be kept in separate annexes of prisons with proper arrangements. The staff for these institutions and annexes shall comprise women employees only. Women prisoners shall be protected against all exploitation. Work and treatment programmes shall be devised for them in consonance with their special needs.
(xvii)Non-criminal lunatics shall not be confined in prisons. The law shall be suitably amended for the purpose. Proper arrangements shall be made for the care and treatment of criminal lunatics.
(xviii)Persons courting arrest during non-violent socio-political economic agitation for declared public causes shall not be confined in prisons alongwith other prisoners. Separate prison camps with proper and adequate facilities shall be provided for such nonviolent agitators.
(xix)Prison service shall be developed as a professional career service. The State shall endeavour to develop a well-organised prison cadre based on appropriate job requirements, sound training and proper promotional avenues. The efficient functioning of prisons depends undoubtedly upon the personal qualities, educational qualifications, professional competence and character of prison personnel. The status, emoluments and other service conditions of prison personnel should be commensurate with their job requirements and responsibilities. Proper training facilities for prison personnel shall be developed at the State Level.
(xx)The State shall endeavour to secure and encourage voluntary participation of the community in prison programmes and in non-institutional treatment of offenders on an extensive and systematic basis. Such participation is necessary in view of the objective of ultimate rehabilitation of the offenders in the community. The Government shall open avenues for such participation and shall extend financial and other assistance to voluntary organisations and individuals willing to extend help to prisoners and ex- prisoners.
(xxi)Prisons are hitherto a closed world. It is necessary to open them to some kind of positive and constructive public discernment. Selected eminent publicmen shall be authorised to visit prisons and give independent report on them to appropriate authorities.
(xxii)In order to provide a forum in the community for continuous thinking on problem of prisons, for promoting professional knowledge and for generating public interest in the reformation of offenders, it is necessary that a professional non-official registered body is established at the State level.
(xxiii)Probation, aftercare, rehabilitation and follow-up of offenders shall form an integral part of the functions of the Department of Prisons and Correctional Services.
(xxiv)The development of prisons shall be planned in a systematic manner keeping in view the objectives and goals to be achieved. The progress of the implementation of such plans shall be continuously monitored and periodically evaluated.
(xxv)The Government at the State shall endeavour to provide adequate resources for the development of prisons and other allied services.
(xxvi)Government recognise that the process of the reformation and rehabilitation of offenders is an integral part of total process of social reconstruction, and therefore, the development of prisons shall find a place in the State development plans.
(xxvii)As prisons form part of the criminal justice system and the functioning.of other branches of the system viz. police, the prosecution and judiciary have a bearing on the working of prisons, it is necessary to effect proper co-ordination among these branches. The Government shall ensure such coordination at various levels.
(xxviii)The State shall promote research in the correctional field to make prison programmes more effective.