The Prisons Act, 1894
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The Prisons Act, 1894
The Prisons Act of 1894 is one of the oldest laws in India about prisons. It was enacted on March 22, 1894, and took effect on July 1, 1894. This law has 62 sections and 12 chapters, and it covers all the rules needed for prisons to operate smoothly.
The act defines “prison” as buildings run by state governments to hold prisoners. It also classifies prisoners into three types: “criminal,” “civil,” and “convicted” prisoners. This classification helps to organize and manage those in the prison system.
Chapter II of the Prisons Act of 1894 explains how prisons should be managed and who runs them. It describes the roles of important staff, like the superintendent, medical officer, jailer, and inspector general. The inspector general ensures the prison operates efficiently and must follow the state authorities’ instructions. State authorities need to provide proper housing for prisoners. The act also includes rules for handling emergencies, such as epidemics. During these times, the inspector in charge must make sure prisoners have safe custody and temporary shelter as needed.
Chapter III of the Prisons Act outlines the duties of prison officers, focusing on Sections 8 to 20. The main officers are the superintendent, jailer, and medical officer. The superintendent must follow the inspector general’s orders and manage labor, discipline, punishments, expenses, and prisoner records. The medical officer is responsible for prisoners’ health and sanitary conditions, reporting any serious illnesses to the superintendent and keeping records of health, diet, diseases, and death dates. The jailer, who assists the superintendent, manages the prison and its documents. He must always stay on-site and cannot leave without prior notice. Together, these officers ensure the prison operates effectively and that prisoners receive proper care. The Act establishes roles for prisoners, including convict prisoners, who will have tasks within the prison and are considered public servants. Section 9 prohibits jail officers from conducting any business inside the prison.
Chapter IV covers prisoner admission, removal, and discharge. New convicts must be searched, and the jailer will keep their belongings. Female convicts can only be searched by female officers. Medical officers will examine convicts and document any marks or wounds. A prisoner can only be removed if a medical officer believes they have a serious illness.
Chapter V covers the rules for disciplining prisoners. It states that male and female prisoners must be kept separate. Convicted prisoners should not mix with under-trial prisoners. Prisoners under 21 must be housed separately, and those sentenced to death must be kept away from all other inmates. Civil and under-trial prisoners can receive goods from outside the prison, but these items must be checked first. These prisoners must provide their own clothing and bedding. No food, bedding, or clothing from civil or under-trial prisoners can be given to convicted prisoners.
Chapter VII outlines prisoner work guidelines. Civil prisoners can work with the superintendent’s permission and will be paid. Criminal prisoners can work only in emergencies and for up to nine hours. Those serving simple imprisonment must work in the prison. The Act mandates regular medical check-ups, and sick prisoners must receive adequate care.
Sections 42 to 54 deal with offenses related to prison rules. Section 42 states that anyone who brings in or takes out banned items, helps commit offenses under this Act, or communicates with convicted prisoners can face up to six months in jail, a fine of two hundred rupees, or both.
Section 46 lists prison offenses, including ignoring prison rules, using force or threats, behaving indecently, refusing to work, damaging prison property or documents, and planning an escape. Offenses in this section are punishable under Sections 46 and 47 of the Act.
If a prisoner repeatedly commits serious crimes, Section 52 requires the superintendent to send them to the District Magistrate or another first-class magistrate. Section 54 outlines punishments for offenses committed by prison staff.
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