Section 46 in The Prisons Act, Svt. 1977 [Jammu and Kashmir]
46. Punishment of such offences
The Superintendent may examine any person touching any such offence, and determine thereupon, and punish such offence by-(1)a formal warning;Explanation. - A formal warning shall means a warning personally addressed to a prisoner by the Superintendent and recorded in the punishment book and on the prisoner's history ticket;(2)change of labour to some more irksome or severe form;(3)hard labour for a period not exceeding seven days in the case of convicted criminal prisoners not sentenced to rigorous imprisonment;(4)such loss of privilege admissible under the remission system for the time being in force as may be prescribed by rule made by the Government;(5)the substitution of gunny or other coarse fabric for clothing of other material, not being woolen, for a period which shall not exceed three months;(6)imposition of handcuffs of such pattern and weight in such manner and for such period, as may be prescribed by rules made by the Government;(7)imposition of fetters of such pattern and weight in such manner for such period, as may be prescribed by rules made by the Government;(8)separate confinement for any period not exceeding six months.Explanation. - Separate confinement means such confinement with or without labour as secludes a prisoner from communication with, but not from sight of, other prisoner, and allows him not less than one hours exercise per diem and to have his meals in association with one or more other prisoners;(9)penal diet, that is, restriction of diet in such manner and subject to such conditions regarding labour as may be prescribed by the Government:Provided that such restriction of diet shall in no case be applied to a prisoner for more than ninety-six consecutive hours, and shall not be repeated except for a fresh offence nor until after an interval of one week;(10)cellular confinement for any period not exceeding fourteen days:Provided that after each period of cellular confinement an interval of not less duration than such period must elapse before the prisoner in again sentenced to cellular or solitary confinement;(11)solitary confinement for any period not exceeding seven days:Provided that after each period of solitary confinement an interval of not less duration than such period must elapse before the prisoner is again sentenced to solitary or cellular confinement;(12)penal diet as defined in clause (9) combined with solitary confinement as defined in clause (11);(13)whipping, provided that the number of stripes shall not exceed thirty:Provided that nothing in this section shall render any female or civil prisoner liable to the imposition of any form of handcuffs or fetters, or to whipping.
