-1-

Draft of the
Punjab Prison and
Correctional Services
Act, 2015

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Draft of the Punjab Prison and

Correctional Services Act, 2015
An Act to strengthen and ensure public safety and achieve efficiency in correctional
practice in the prisons and correctional homes in the State of Punjab through care of all prisoners
and work towards a safe, secure, and humane correctional system so that reformation and
rehabilitation can be undertaken in order to reintegrate prisoners into society and for matters
connected therewith or incidental thereto.
CHAPTER I
PRELIMINARY
1.
Title, Extent, Commencement and Application:(1)
This Act may be called the Punjab Prison and Correctional Services Act, 2010.
(2)
It extends to the whole of Punjab;
(3)
It shall come into force on such date as the State Government may by notifications,
prescribe and different dates may be prescribed for different provisions of this Act
and any reference in any such provision to the commencement of this Act shall be
construed as a reference to the commencement of that provision.
2.
Definitions :- (1) In this Act unless the context otherwise requires,
(a)
Civil prisoner means any prisoner who is not a criminal prisoner;
(b)
Convicted criminal prisoner means any criminal prisoner under sentence of a court
or Court Martial, and includes a person detained in prison under the provisions of
Chapter VIII of the Code of Criminal Procedure, 1973 (2 of 1974) or under the
Prisoners Act, 1900, except those confined under Section 116(3) of Cr.P.C., 1973
(c)
Correctional Service means any service that is provided pursuant to this Act, or
under a program established pursuant to this Act, and includes services related to
the assessment, supervision, treatment, training, control, custody, reformation or
rehabilitation of offenders.
(d)
Court means a court established by any law for the time being in force, and
includes any officer or authority vested with the powers of exercising civil, preventive
or criminal jurisdiction under any law for the time being in force (Tribunals, Court
Martial, village courts, taxation tribunals, etc.)
(e)
Criminal prisoner means any prisoner duly committed to custody under the writ,
warrant or order of any court or authority exercising criminal jurisdiction, or by order
of a court-martial as defined in Army Act;
(f)
Detenue means any person detained in prison at the order of the competent
authority under the relevant preventive detention laws enacted by the Union
Parliament or State legislature.
(g)
Director General means the Director General of Prisons & Correctional Service
appointed by the government to be in charge of Prisons and Correctional Homes in
the State and Correctional Services in the State.
(h)
wireless communications device includes mobile phone, wi-fi for personal computer
and tablet PC, computer, laptop, palmtop and their use for communication like
verbal, no verbal , internet, General Packet Radio Service (GPRS), e-mail, Short
Message Service (SMS) etc.
(i)
Family means the husband, wife, son daughter, father, mother, brother or sister
and also includes the Grandfather, Grandmother , Grandson, Granddaughter,
Father-in-law, Mother in law, brother in law, sister-in-law, Fathers brother, Fathers
sister, Mothers brother and Mothers sister of the prisoner.
(j)
(k)
(l)

(m)

Foreign Prisoner means any prisoner who is not an Indian citizen.

History-ticket means the ticket exhibiting such information as is required in respect
of each prisoner by this Act or the Rules framed there under.
Medical Officer In relation to prisons means a gazetted officer of the Government
and includes qualified medical practitioners declared by general or special orders of
the Government to be a medical officer.
Narcotic Drug and Psychotropic Substance shall have the meaning as defined in
the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985);

-3(n)

(o)

(p)

(q)
(r)

(s)

(t)
(u)
(v)

(w)
(x)
(y)

(z)
(za)
(zb)
(zc)

(zd)

Offence means an act of commission or omission punishable under any law for the
time being in force with imprisonment, whether substantive or in default of a fine or in
default of furnishing security.
Open Correctional Home means a place for confinement of such long term
prisoners and on such conditions as may be prescribed for giving such prisoners
more liberty and more opportunity of association with the social life outside a prison /
correctional home and facilitating their rehabilitation after release.
Prison means any prison, open or semi open, or place used, permanently or
temporarily under the general or special orders of the State Government for the
detention of persons including undertrial prisoners, preventive detenues, convicted
persons, civil prisoners or any other person as ordered by a court , and for the
aftercare and rehabilitation of convicted persons, and includes all lands and buildings
appurtenant thereto, but does not include
(i) any place for the confinement of prisoners who are exclusively in the custody of
the police;
(ii) any place specially appointed by Government under Section 417 of the Code of
Criminal Procedure, 1973 (2 of 1974);
(iii) any observation home, special home, childrens home, shelter home, place of
safety, under the Juvenile Justice (Care and Protection of Children) Act, 2000 and
protective home for women set up by the state government. .
Prison Officer means officer belonging to Punjab Prison Service constituted by the
State Government.
Prisoner- means a person confined in prison or other institution of like nature under
a sentence of imprisonment for life or imprisonment or under Judicial Custody or
remand by any court in India or the Court Martial or any other competent authority
exercising the powers of a Criminal Court.
Probation Officer means an officer appointed as such by the State Government to
undertake probation work under the Probation of Offenders Act of 1958, or any other
law covering the issues connected with probation of offenders.
Prohibited article means an article the introduction or removal of which into or out of
a prison is prohibited by any rule under this Act or by any rule framed under the Act.
Recidivist means an offender who has committed another crime after the first one.
Remission means the period to be deducted in accordance with the provisions of
this Act and the rules made there under or any other law from the total period of
sentence imposed on a prisoner and would also carry the same meaning and
connotation as given under Code of Criminal Procedure, 1973 (2 of 1974).
Rule means a rule made under this Act.
State means the State of Punjab.
Staff member means an employee of the department who exercises powers
or performs duties or functions related to the administration of this Act, but
does not include a volunteer, a contractor or an employee of a contractor.
Subordinate Officer means of the prison department other than a member of
Punjab Prison Service.
Superintendent means the officer who is appointed by the Government to be in
charge of a prison with such designation as it may specify.
Undertrial Prisoner means any person committed to a prison custody with pending
investigation or trial by a competent authority.
Visitor means any person in a prison other than a prisoner or prison staff member
who is permitted by Government or by such duly empowered authorities in to visit
the prison.
Young offender means a person who has attained the age of eighteen years, but
has not attained the age of twenty-two years.
All words and expressions used herein, and not defined in this Act ,but defined in the
Code of Criminal Procedure, 1973 (2 of 1974) or the Indian Penal Code (45 of 1860)
shall have the meanings assigned to them respectively in the Code of Criminal
Procedure1973; or as the case may be, in the Indian Penal Code.

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CHAPTER-II
ORGANIZATIONAL STRUCTURE
3.

Department of Prison and Correctional Services:- (i) The State Government shall
provide in its jurisdiction accommodation in prisons constructed and regulated in such
manner as to comply with the provisions of this Act.
(ii) There shall be a Department of Prisons and Correctional Services. The Department
is responsible for institutional training and treatment of both adult and young offenders. It
shall encompass the work of security, correction, reformation, probation and after-care of
offenders and matters connected herewith and incidental thereto.
4.
Power of State Government to appoint Director General and other officers and
staff:- The Department of Prisons and Correctional Services shall be headed by the
Director General to be appointed under the provisions of this Act. State Government may
appoint as many officers and staff to assist the Director General .
5.
Director General:- (1) The Director General shall exercise his powers and perform
prescribed functions under this Act & rules made there under subject to the general
superintendence and control of the State Government, and the other officers and staff
appointed under this Act shall work under the supervision, control and direction of the
Director General.
(2) The Director General shall exercise or perform the following powers and functions
namely:a) to implement policies of Government relating to prisoners and prisons.
b) to plan, organize, co-ordinate and control the activities of prison and correctional
services as per this act and rules made there under.
(3) The Director General may delegate one or more of powers vested in him to other
officers subordinate to him, subject to orders, directions and guidelines of Government
issued from time to time.
(4) The Director General shall be assisted by such officers at the headquarter and
beyond as prescribed.
(5) The State Government may, by notification, appoint as many Inspector General,
Deputy or Assistant Inspector General, Law Officers and other officers, as may be
necessary to assist the Director General to perform functions mandated of the Director
General under this Act. Provided that there shall be adequate number of women staff at
all ranks. The duties of Inspector General/Deputy Inspector General/Assistant Inspector
General/Law Officer shall be as prescribed from time to time by general and specific
order of State Government.
(6) The Government may establish Zonal Officers of the Department headed by Deputy
Inspector General of Prisons and supported by other staff as it may, from time to time
deem necessary. The territorial jurisdiction and functions shall be determined by the
Government under general or specific orders.
6.
Officers of Prisons:- For every prison, there shall be a Superintendent as head of
Prison and Correctional Services, to be assisted by such numbers of Deputy
Superintendents, Assistant Superintendents, Medical Officers, Law Officers, Probation
Officers, Welfare Officers and such other officers and supporting staff as may be
necessary from time to time.
7.
Recruitment and promotion:- The members of State Prison service and other officers
and staff shall be recruited, trained and appointed as may be prescribed by the
Government.
8.
Training reserve:- The strength of Prison officers and staff shall be so fixed by
Government in each cadre as shall permit optimum basic and periodical in service
training reserve as prescribed by the State.
9.
Temporary Accommodation for prisoners:- Whenever it appears to the Director
General that :
(a)
the number of prisoners in any prison is greater than can conveniently or safely be kept
therein and it is not convenient to transfer the excess number to some other prison; or
(b)
due to natural calamities or outbreak of epidemic diseases within any prison or for such
other reasons, it is desirable to provide for the temporary shelter and safe custody of any
prisoner,
Provision shall be made by such officer and in such manner as the Government may
direct, for their shelter and safe custody in temporary prisons for prisoners who cannot
conveniently or safely be kept in the prison.
10.
Duties of Officers:- It shall be the duty of every prison officer himself to
(i) comply with this Act and all rules, made under this Act,

-5(ii) respect and protect human rights of the prison inmates,

(iii) work towards care, protection, wellbeing, reformation, rehabilitation and reintegration of
prisoners with the society.
(iv) cater to the needs of prisoner welfare and their family and ,friends visiting them as per
rules
(v) provide a safe and healthy environment of living for prisoners inside the prisons.
(vi) obey any other written law, directions, guidelines, rules etc conferring functions on
him,
(vii) implement the lawful orders and directions of superior officers,
(viii) maintain high standard of discipline, integrity & devotion to duty.
(ix) fulfill all other duties assigned through standing orders of the Department.
SUPERINTENDENT
11.
(i)

(ii)

(iii)
(iv)

(v)
(vi)

12.

Superintendent, his duties and his residence in prison:Subject to the overall supervision & control of the Director General under the law and
rules, the Superintendent shall manage the prison in all matters including discipline,
labour, correctional programmes, punishment and control and protection of human rights
of prisoners etc. He shall be responsible to implement all laws, rules relating to prisons
and prisoners.
Superintendent shall be responsible for good order, discipline, management and security
of the prison and ensure safety and security of prisoners as per the extant laws and rules
and direction of the Government.
He shall be responsible for proper upkeep of all prison record, and attending to court
matters.
The Superintendent shall reside in the prison premises unless the Director General
permits him in writing to reside elsewhere only in case no residence is available in the
prison complex.
Superintendent shall be responsible for providing correctional programmes to prisoners.
The Superintendent shall hold a weekly parade of all prisoners for the time being
detained in prison for purpose of muster and inspection and also perform such other
functions as may be prescribed.
Records to be kept by the Superintendent:- The Superintendent shall keep or cause to
be kept, the following and such other records as may be prescribed, along with
photograph and biometric identification of each person in custody.
(i) a register of prisoners admitted;
(ii) a book showing when each prisoner is to be released;
(iii) a punishment book for the entry of punishments inflicted on prisoners for prison
offences;
(iv) a record of the money and other articles taken from prisoners;
(v) a visitors book for the entry of any observations made by the visitor relating to any
matters connected with the administration of the prison;
(vi) Such other records as may be prescribed through a notification by the State .
(*computerization of all records of prisoners shall be completed within the prescribed
period notified by the State).
MEDICAL OFFICER

13

14.

Duties of Medical Officer:- (1) Subject to the general control of the Superintendent, the
Medical Officer shall have charge of entire medical administration in the prison premises
including sanitation and hygiene of the prisons and shall perform all such duties as may
be prescribed by the Director General or as prescribed in rules made under this Act.
(2) The Medical officer shall have the care of the physical and mental health of prisoners
and should daily examine all such prisoners who complain of illness and any prisoner to
whom his attention is specifically directed.
(3) Medical Officer shall initiate mandatory medical examination at the first entry of each
prisoner to prison as per the prescribed rules.
(4) Medical Officer shall regularly inspect and advise supervision upon :
(i) the quantity, quality, preparation, contents and service of food;
(ii) the hygiene and cleanliness of the institution and the prisoners;
(iii) the sanitation, heating, lighting and ventilation of the institution;
(iv) the suitability and cleanliness of the prisoners clothing and bedding;
(5) The Medical Officer shall reside in the prison complex generally and shall remain
available round the clock unless authorized otherwise by the Director General, only in case
if no residence for the Medical Officer is available in the Prison complex.
Medical Board:- The Superintendent on recommendation made by Medical Officer of

-6jail shall request the Civil Surgeon to constitute a Medical Board for the purpose of
medical examination, treatment, referral or any other medical matter as may be
deemed fit.
15.
Report on death of prisoner:-Upon the death of a prisoner, any prison officer on duty
and in charge of security shall give immediate notice thereof to the Superintendent of
Prison and Medical Officer. The Medical Officer shall confirm the death of a prisoner
after due medical examination and report it to the Superintendent of Prison.
(1).
On the death of any prisoner, the Medical Officer in charge shall forthwith record
in a register the following particulars, so far as they can be ascertained, namely:
(a)
the day and time on which the deceased first complained of illness or injury or
he was observed to be ill or injured;
(b)
the labour, if any, on which he was engaged on that day;
(c)
the scale of his diet on that day;
(d) the day and time on which the Medical Officer was first informed of the illness or
injury;
(e) the nature of the disease and/ or injury;
(f) the day and time on which he was admitted to hospital;
(g) whether the patient prisoners was referred to outside hospital;
(h) if so, the details of treatment provided in the outside hospital;
(i) when the deceased was last seen before his death by the Medical Officer or Medical
subordinate;
(j) when the prisoner died; and
(k) an account of the appearances after death, together with any special remarks that
appear to the Medical Officer to be required.
(l) any other record information as per the directions issued by National /State Human
Rights Commission in this regard from time to time.
(2) The report of all deaths shall forthwith be sent to the Superintendent who in turn shall
report to the concerned magistrate, District Magistrate, Superintendent of Police, local
SHO, National / State Human Rights Commission (NHRC, SHRC) without delay, under
intimation to Director General Prisons following such directions as may be prescribed.
(3) When the Superintendent receives information that a person has committed suicide, or
died in custody, he shall immediately give information thereof to the local SHO, District
Magistrate, Superintendent of Police, National Human Rights Commission & District
Judge and follow procedures as laid down in the Code of Criminal Procedure, 1973 and
such other rules, instructions and directions as may be prescribed.
(4) An inquest by Judicial Magistrate shall be held in accordance with the Section 176 (1)
(a) of the Code of Criminal Procedure, 1973.
(5) The Judicial Magistrate or Executive Magistrate, or police officer holding an inquest,
inquiry or investigation, as the case may be, under Sections 174 and 176-A sub-section
(1A) of Cr.P.C. shall, within twenty four hours of the death of a person, forward the
body with a view to its being examined by the nearest Civil Surgeon or other qualified
medical person appointed in this behalf by the State Government, unless it is not
possible to do so for reasons to be recorded in writing.
(6) In case of any death of prisoner, the Superintendent or any prison officer designated by the
Superintendent shall promptly notify without loss of time to the prisoners next of kin or
emergency contact indicated to the Superintendent or anyone authorized in that behalf, in
writing;
(a) Where the body of a deceased inmate is claimed by the person referred to in 15 (6)
above or by the inmates next of kin, suitable arrangements for transportation and funeral
consistent with human dignity will be made by Prison Administration.
DEPUTY SUPERINTENDENT AND OTHER PRISON OFFICERS
16.

17.

18.

Deputy Superintendent to reside in prison complex:-The Deputy Superintendent

Prison shall reside in the prison complex, unless the Superintendent permits him in
writing to reside elsewhere in case no residence is available in the prison premises.
Deputy Superintendent:-The Deputy Superintendent shall be responsible for the safe
custody of the records to be kept under this Act for the commitment warrants and all
other documents confined to his care, and for the money and other articles taken from
prisoners under general directions and supervision of Superintendent. The Deputy
Superintendent shall ensure the safe custody and welfare of prisoners under his control
and shall perform all such prescribed functions as assigned by the Government/
Director General/ Superintendent from time to time.
Prison Officers be present at night:-Every prison officer whosoever on night duty,
especially the Deputy Superintendent of Prison, Incharge of the security during the

-7night shall not be absent from the prison during night without permission in writing from
the Superintendent.
19.

Powers of Assistant Superintendents:-An Assistant Superintendent shall, subject to

the orders of the Superintendent, be competent to perform any of the duties, and be
subject to all the responsibilities of a Deputy Superintendent under this Act or any rule
made there under or any other instructions as may be prescribed from time to time.
SUBORDINATE OFFICERS

20.

21.

22.

23.

24.

25.

Duties of gatekeeper:-All prison staff acting as gatekeeper, or any other officer of the
prison may examine anything carried in or out of the prison, and may stop and search
or cause to be searched any person suspected of bringing any prohibited article into or
out of the prison, or of carrying out any property belonging to the prison, and, if any
such article or property be found, shall give notice thereof immediately to the Deputy
Superintendent. However, if a female person is to be searched it shall be done by a
female prison staff or some female person under the directions and supervision of the
prison staff member.
Utilization of the service of prisoners:- The Superintendent may utilize the service of
prisoner, in accordance with the rules, for efficient management of the prison and such
prisoner shall not be deemed to be a public servant within the meaning of section 20 of
the Indian Penal Code.
Officers not to have business dealing with prisoners and others:- (1) No officer of
a prison shall sell or let, nor shall a person in trust for or employed by him sell or let or
derive any benefit from selling or letting any article to any prisoner or have any money
or other business dealings, directly or indirectly with any prisoner;
(2) No officer of a prison shall accept any gift from a prisoner, his relatives and friends
or a person having any dealings with prison administration.
(3) The prison officer shall inform in writing within 3 days, if any member of his family
has dealings of the type defined in Section 22 (1) & (2) above, with the prisoner or their
relatives.
(4) (a) Every prison officer shall immediately submit in writing to the Superintendent of
Prison if any member of his family is admitted to the prison where he is posted
for duty.
(b) On receipt of this information the Superintendent shall take steps not to post this
prison officer on duty for the case and management of ward in which the
member of family of that prison officer is lodged.
General conduct:- No person employed in the prison shall join an organization or
undertake any activity which is detrimental to security, discipline and smooth
functioning of the prison administration.
Offences by Prison Subordinates:- Offences under Section 22 (1) & 23 above shall
also be deemed to be misconduct and any officer ,prison staff who commits these,
shall be liable to punishment including removal from service subject to such rules, as
may be prescribed. However, until a specific Code of Conduct is prescribed for prison
employees, they will be administered by The Punjab Government Employees (Conduct)
Rules,1966.
CHAPTER-III
DUTIES AND RIGHTS OF PRISONERS
Duties of Prisoners :- Every person detained in any prison shall :
(a)
obey all lawful orders and instructions issued by the competent prison authorities;
(b)
abide by all prison rules and regulations and perform obligations imposed by these
rules and regulations;
(c)
maintain the prescribed standards of cleanliness and hygiene; and prison discipline.
(d)
respect the dignity and the right to life of every inmate, prison staff and others;
(e)
abstain from hurting religious feelings, beliefs and faiths of other persons;
(f)
use Government property with care and not damage or destroy the same
negligently or willfully;
(g)
help prison officials in the performance of their official duties in maintaining discipline
and good order;
(h)
preserve and promote congenial correctional environment in the prison.
(i)
refrain from making any false or exaggerated complaints/ allegations or conniving in
forming any agitation / disruption within the prison.
(j)
neither bring prohibited article in the prison nor accept the same from others;
(k)
use the given mechanism of grievance redressal and encourage others too;
(l)
perform prison labour duties dutifully as prescribed;

-8(m)
26.

27.

observe such other duties as may be prescribed from time to time as per the rules.

Rights of Prisoners:(A)
Right to Human Dignity:Every person detained in any prison shall as far as it may be expedient and practical;
(i)
have the right to protection against torture, from physical and verbal violence and
abuse and harassment, whether by staff or by fellow prisoners;
(ii)
be entitled to be treated with dignity and will enjoy all the fundamental rights subject
to such restrictions as may be necessary by virtue of the persons incarceration.
(B)
Right to Basic Minimum Needs:Every person detained in any prison shall be entitled to fulfillment of basic minimum
needs such as adequate diet, health, medical care and treatment, access to clean
and adequate drinking water, access to clean and hygienic living conditions
including, personal hygiene, proper and adequate clothing.
(C)
Right to Communication:Every person detained in any prison shall subject to overall considerations of
security, safety and discipline in the prison and reasonable restrictions as
prescribed :(i)
Have the Right to Communication which includes contact with ones family
members, friends as prescribed under the rules.
(ii)
Right to inform his family or any other person designated as contact person, about
his/her imprisonment or transfer to another prison or about any serious illness or
injury.
(ii)
Be entitled to periodic interviews with family members and lawyers, who are notified
to the Superintendent at the time of admission by him and to receive information
about the outside world through communication media as prescribed by the extant
rules made under this Act.
(D)
Right to Access to Law
Every person detained in any prison shall
(i)
be entitled to have adequate legal remedies & access to due process of law;
(ii)
have the right to consult or to be defended by a legal practitioner;
(iii)
have the right to access legal service and legal aid services;
(iv)
be entitled to petition to the prison authorities for any lapse in the provision
of basic amenities and facilities mentioned above, arbitrary punishment or
any other matter which he perceives to be violative of prescribed rules
(v)
To be produced before the court on the date fixed for his remand or trial
either physically or through electronic method.
(E)
Right to Meaningful and Gainful Employment
Any convict prisoners detained in any prison shall
(i)
have a right to meaningful and gainful employment in the prison industry
according to the sentence ,and as far as can be feasibly provided by the
Prison Administration; and
(ii)
be paid equitable wages for the work done in prison as per the prescribed
rate & rules.
(F)
Right to be released on the due date.
Every person detained in prison shall be released on the due date calculated as per
the court orders and the prescribed rules.
Information to be given to Prisoners:-(1) Every prisoner at the time of his / her admission
in prison shall be informed, by the officer of the prison admitting such prisoner in the prison,
the rights available to and the duties and disciplinary requirements to be performed by such
prisoner in the prison in a language understandable to the prisoner.
(2) Such duties and rights and disciplinary requirements shall be displayed at conspicuous
places in the prison and may also be communicated through the use of video electronic
means or booklet form, besides being read out from time to time in daily roll calls.
CHAPTER - IV
ESTABLISHMENT OF DIFFERENT CATEGORIES OF PRISONS AND
CORRECTIONAL HOMES

28.

The State Government may by notification in the official gazette of the State establish
various categories of Prison and Correctional Homes either separately or within the same
prison complex, such as : 1)
CENTRAL PRISONS - Central prisons for the confinement of prisoners sentenced to
imprisonment for period exceeding five years.
2)
MAXIMUM SECURITY PRISONS - for high risk security prisoners.

-93)

4)
5)
6)
7)
8)

9)

29.

30.

31.

DISTRICT PRISONS - District prisons at district headquarters for confinement of

prisoners sentenced to imprisonment for periods upto to five years and prisoners who
are facing trial in courts or prisoners who are remanded to judicial custody pending
investigation.
Open Air Correctional Home to enable well-behaved convicts so assessed as per rules,
to live within minimum security conditions.
Women Prisons/ Correctional Home, and separate annexes with separate entrances for
women inmates.
Correctional Homes for young offenders (18-21 years).
SUB PRISONS - Subsidiary prisons at the sub-divisonal level for confinement of
prisoners sentenced to imprisonment up to two year and prisoners who are facing trial in
courts.
A separate campus for confinement of persons who have been court arrested in
social/political movements or participated in strikes, rallies, processions and protests,
conducted in violation of prohibitory orders etc, may be provided and designated as a
temporary jail for the time being.
The standards of security of each prison shall be such as may be prescribed. Any ward/
enclosure in a prison can be declared high security ward keeping in view the security
needs of Prison Administration.
CHAPTER V
PRISON SECURITY
Security Classification:- (1) Superintendent shall ensure that every prisoner including an
under trial is assigned a security classification that reflects level of risk posed by that
prisoner while inside or outside prison including the risk of escape and the risk that escape
would pose to the public in general or some persons in particular.
(2) The level of security necessary shall be reviewed at regular intervals throughout the
persons imprisonment and confinement as prescribed.
(3) The Police shall inform the Superintendent of Prison about the antecedents of every
dangerous convict or under trial admitted to the prison along with a copy of FIR of convict /
under trial on request received from him.
Use of Arms and Force:-(1) Officers of the Prison shall not, while dealing with the
prisoners, use force except in self-defense or to prevent injury to other prisoners or persons
in the prison and in cases of attempted escape. The use of force shall be kept to the
minimum and shall not be out of proportion to the need for use of it in the given
circumstances. The Superintendent shall report the incident involving use of force
immediately to the Director General, the District Superintendent of Police, the District
Magistrate and the District Judge.
(2) Except in special circumstances, staff performing duties which brings them into direct
contact with prisoners should not be armed in medium/ minimum security prison.
Instruments of restraint :- (1) The use of chains and irons on prisoners shall be prohibited.
(2) Handcuffs and other body restraints shall not be used except with the permission of the
court concerned. Provided the Prison officer may take course to appropriate restraints in
circumstances necessitating the same if it is otherwise not feasible to control violent conduct
of prisoner, subject to approval by the District Judge immediately but not later than 24 hours.
(3) Instruments of restraint shall not be applied for any longer time than is strictly necessary
and shall not be kept beyond day time.
(4) The manner of use of instruments of restraint shall be regulated as prescribed in the
Rules.
CHAPTER VI
TREATMENT AND CLASSIFICATION OF PRISONERS

32.

Composition of Classification and Security Assessment Committee:-(1) Each Central

and District Prison and such other institutions as may be specified by the Director General
will have a Classification and Security Assessment Committee consisting of the following
personnel composed of officers as prescribed by rules:a) Chairman Superintendent, assisted by such other officers of the prison Department
including Medical Officer and Probation Officer as may be appointed by the Director
General Prisons and Correctional Services.
b) Member Secretary - Officer-in-charge of the Reception Unit.
(2) Wherever possible, experts in behavioral sciences like Psychologist, Psychiatrists and
Criminologist should be associated with the work of the Classification Committee;
(3) The meetings of the Committee should be held at such intervals as would enable the
load of new admissions to be cleared within seven days time;

-1033.
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
k)
l)
m)
n)
o)
p)
34.

35.

36.

Prisoners detained in Prisons shall be classified by the Classification and Security

Assessment Committee such as follows:
Convict prisoners:
Under-trial prisoners;
Civil prisoners;
Prisoners sentenced to death;
Security risk prisoners and recidivist offenders;
First time offenders;
Women prisoners & Women prisoners with children;
Young offenders (18-22 years);
Persons suffering from infectious diseases/chronic diseases;
Persons suffering from Mental illness;
Drug addicts and alcoholic offenders;
Preventive detenues ;
Foreign prisoners;
Persons who had courted arrest for any political or public issue and involved in sociopolitical agitation;
Geriatric prisoners (65+ years);
Transgender prisoners.
Grounds of Classification:-(1) The Classification and Security Assessment Committee
appointed under Section 32 shall classify the various persons admitted into the prison
according to their age, sex, legal status, physical and mental health needs, criminological
needs, length of sentence, security needs, aptitude, and needs regarding reintegration into
the community and shall constitute groups among them for the purpose of administration of
institutional treatment in the form of educational and vocational training during the period of
detention.
(2) As soon as possible after admission as a sentenced (convict) prisoner, the prisoner shall
be interviewed and assessed by the Classification and Security Assessment Committee to
determine work allocation and privilege classification.
(3) The Probation Officer shall prepare the social investigation report of the convicted
prisoner and shall submit the same to Classification and Security Assessment Committee
within a week after admission. In the case of a sentence of imprisonment of 12 months or
more, the manner in which the sentence should be served shall be planned in the light of
this assessment and any specific comments by the sentencing court respecting that
prisoner.
(4) Provided that such classification shall be subject to periodical review and re-classification
as and when found necessary by the Classification and Security Assessment Committee.
Reception Unit:- (1) Each Prison shall have a Reception Unit where new arrivals will be
admitted. An experienced officer in charge of training shall be in charge of this unit;
(2) Newly admitted prisoners shall be kept in the Reception Unit for maximum of seven days
before they are classified and transferred to further classified accommodation.
The Superintendent shall ensure that every prisoner is assessed promptly after reception at
a prison to identify any immediate physical and mental health needs, safety or security
needs; and any needs identified by that assessment should be addressed.
Officer in charge of Reception Unit will work as per rules framed under Act:-The officer
in charge of the Reception Unit will organize the admission-quarantine programmes. He will
function as the Secretary of the Classification Committee & perform such prescribed
functions.
CHAPTER VII
ADMISSION, REMOVAL AND DISCHARGE OF PRISONERS

37.

38.

Prisoners to be examined on admission: (1) Wherever a prisoner is admitted into prison,

he/she shall be searched and all weapons and prohibited articles shall be taken from
him/her. Provided that a female prisoner shall be searched by a female prison officer or
some woman under supervision of that prison officer. The search should be conducted
respecting standards of human dignity and right to privacy.
(2) Every prisoner shall also, within 48 hours of admission, be examined under the general
or special orders of the Medical Officer, who shall enter or cause to be entered in a book, to
be maintained by the officer in charge, a record of the state of the prisoners health
physical and mental, and of any wounds or marks on his person, and any other observations
by the Medical Officer.
Medical examination on admission in Prison:- (1) When examining a prisoner the
Medical Officer or medical practitioner or a qualified nurse reporting to such a Medical
Officer shall pay particular attention to:
a)
observing the normal rules of medical confidentiality;

-11b)

39.

40.

41.

42 .

43.

diagnosing physical or mental illness and taking all measures necessary for its
treatment and for continuation of the existing medical treatment;
c)
recording and reporting to the Superintendent any sign or indication that prisoners
may have been treated violently;
d)
dealing with withdrawal symptoms resulting from use of drugs, medication or alcohol;
e)
identifying any psychological or other stress brought on by the fact of deprivation of
liberty;
f)
isolating prisoners suspected of infectious or contagious conditions for the period of
infection and providing them with proper treatment;
g)
ensuring that prisoners carrying the HIV virus are not isolated for that reason alone;
h)
noting physical or mental disability that might impede resettlement after release;
i)
determining the fitness of each prisoner to work and to exercise; and making
arrangements with the government and non-governmental community agencies for
the continuation of any necessary medical and psychiatric treatment after release, if
prisoners give their consent to such arrangements.
(2) In the case of female prisoners the search and examination shall be carried out by a
female Medical Officer or any other female employee or some woman under the supervision
of female Medical Officer.
(3) Every prisoner on admission shall be subjected to such tests as per rules framed by the
Government for the classification and treatment of drug and substance abuse offenders.
Prisoner to give names of visitors:- On admission, each prisoner shall be asked to give
names of persons with whom he or she wants to maintain contact with during the period of
stay in prison.
Money and other articles of Prisoners:- All money or other articles in respect whereof no
order of a competent court has been made, and which may with proper authority be brought
into the prison by any prisoner or sent to the prison for his use, shall be placed in the
custody of Superintendent or an officer authorized by the Superintendent in that behalf.
Such items would be confined to those prescribed in the rules.
Removal and discharge of prisoners:- (1) All prisoners, before removal to any other
prison or discharge, shall be examined by the Medical Officer / Female Medical Officer as
the case may be .
(2) No prisoner shall be discharged against his will from prison, if suffering from an acute
illness and, If in the opinion of a Medical Officer such discharge is not safe.
(3) Superintendent may seek orders, as soon as possible, from the court of Chief Judicial
Magistrate, regarding further detention of a prisoner whose release orders have been
received in local cases and against whom a production warrant from another court has been
received by the Superintendent and remains to be executed . The Superintendent shall be
act as per the order of the Chief Judicial Magistrate in the matter.
LIVING CONDITIONS
Food, Clothing and Bedding of Prisoners:- 1) Living conditions in every prison and allied
institution meant for the custody, care, treatment, and rehabilitation of offenders shall be
compatible with human dignity in all aspects such as accommodation, hygiene, sanitation,
food, clothing and medical facilities.
2) Every prisoner shall be provided with a sufficient quantity of wholesome and adequate
nutritious food and drink based on food and nutritional guidelines prescribed by the rules.
Civil and Undertrial Prisoners:- (1) A civil prisoner, under trial prisoner or detenue shall be
permitted to maintain himself, and to purchase, or receive from private sources at proper
hours, clothing and bedding or other necessaries, but subject to examination and to such
rules as may be approved by the Director General of Prisons and Correctional Services.
(2) Every civil prisoner / under trial prisoner / detenue who is unable to provide himself with
sufficient clothing and bedding shall be supplied by the Superintendent with such clothing
and bedding as may be necessary and prescribed by the rules.
HEALTH & MEDICARE OF PRISONERS

44.

45.

Standard of health care :- The Prison Department must provide within its available
resources, adequate health care services including preventive measures in order to allow
every prisoner not only to lead a healthy life but to be attended by Medical Officer whenever
it is required on the ground of his health conditions.
Sick Prisoners:(1)
The names of prisoners desiring to see the Medical Officer and who are observed
to be sick, shall, without delay, be reported by the officer in immediate charge of
such prisoners to the Medical Officer.
(2)
The Prison Officer shall, without delay, call the attention of the Medical Officer to
any prisoner desiring to see him, or who is ill, or whose state of mind or body
appears to require attention and shall carry into effect all written directions given by

-12-

46.

47.

48.

49.

50.

51.

the Medical Officer respecting alterations of the discipline or treatment of any such
prisoner.
(3)
The number of Medical Officers shall be such as may be essential to look after the
total number of prisoners in a prison. Where there are more than one Medical
Officers and the other Medical Officers shall be subordinate to him and designated
as junior Medical officer.
Responsibility of Medical Officer :- (1) The Medical Officer shall perform all duties
described in Section 13 of this Act and will also be responsible for the general medical
treatment of prisoners. The Medical Officer must treat a prisoner referred to him/her as often
as may be necessary.
(2) A registered male nurse or the female nurse, as the case may be, must attend to a sick
prisoner as often as is necessary but at least once a day and wherever necessary at night
also.
Record of Directions of Medical Officer:- All the directions given by the Medical Officer or
Medical Attendant in relation to any prisoner, with the exception of orders for the supply of
medicines or directions relating to such matters as are carried into effect by the Medical
Officer himself or under his superintendence, shall be entered day by day in the prisoners
history-ticket or in such record as may be prescribed. The prison officer shall make an entry
at proper place in the record stating in respect of each direction the fact of its having been or
not having been complied with, accompanied by such observations, if any, as the prison
officer observes fit.
(a) Prison Hospital :- There shall be a prison hospital in every Central, District and Women
Prisons and Open Correctional Home and Correctional Home for Young Offenders,
administered by Medical Officer/s for admission, medical care and treatment of sick
prisoners. The infrastructure and staff of hospital shall be based on the respective prison
population of last five years.
(b) De-addiction Centre:(1) Prison Department shall provide and facilitate specialized treatment programmes for
drug and alcohol addicts and substance abusers by establishing de-addiction centres
within prisons.
(2) The Prison Department shall develop and implement strategies in consultation with
medical health care and social welfare department to prevent suicide and self harm
amongst inmates and drug and substance abuse among offenders and provide special
support to those at risk.
Mentally Ill Persons in Prison:(1) Persons who are diagnosed as mentally ill shall not be detained in prisons and
arrangements shall be made to remove them to psychiatric nursing home / psychiatric
hospital immediately as per provisions of Mental Health Act, 1987 and their record is to be
maintained as prescribed in the rules .
(2) Whenever the mentally sick persons are required to be kept for a short period, pending
their transfer to psychiatric hospital / nursing home, they shall be kept separately from other
prisoners with due regard towards their care and treatment.
(3) On completion of the period of sentence for a convict prisoner admitted to the hospital for
psychiatric care, his status in all records of prison and hospital shall be recorded as free
person. He shall continue to receive treatment as a free person.
TREATMENT & CORRECTIONAL PROGRAMMES
Duty to identify treatment and correctional programmes:- A balanced and diversified
training and treatment programmes consisting of diversified education, work, vocational
training, recreational and cultural activities with a focus on the rehabilitation and
reintegration of offenders in the society after release from prison shall be made available to
the prisoners as prescribed.
Correctional Programmes:- (1) In every prison there shall be adequate facilities for
development of educational qualification, taking examination and various holistic
developments for the prisoners.
(2) The Prison Welfare Officer shall encourage the prisoners for developing their educational
qualification.
(3) A structured programme of release shall provide access to as full a range of programmes
and activities as is practicable to meet the educational services and training needs of
sentenced prisoners.
(4) Social service organizations or community based non- governmental organizations may
be permitted to run activities that develop and support social reintegration of prisoners as
per rules.
(5) A Prisoners Welfare Fund with contribution made by the State Government shall be set
up to cater to the correctional programmes and after care needs of prisoners as per
prescribed rules.

-13-

WORK PROGRAMMES & WAGES

52.
(1) Every prisoner except those awaiting trial or on remand or civil prisoners or prisoners
convicted for simple imprisonment or detenues shall
(i)
Be employed in any work that is provided by the Superintendent.
(ii)
Be employed in that work outside the prison in which he / she is trained subject to
such restrictions as prescribed.
(2)
If any under trial prisoner or civil prisoner or detenues or prisoner sentenced to
simple imprisonment opts to be employed in any work in the prison, he or she shall
be allowed to work and all prisoners employed in any work shall be entitled to wages
for such labour at such rates, as may be prescribed by the State and not violating
any labour laws, if applicable.
(3)
Prisoners may be employed to work that is (i)
Intended to provide prisoners with work experience or to assist his / her reintegration
into community.
(ii)
Intended to reduce costs of keeping prisoner in custody,
(iii)
The Medical Officer shall from time to time examine the laboring prisoners while they
are employed, and shall at least once in every fortnight cause to be recorded upon
the history ticket of each prisoner employed on labour the health status and weight
of the such prisoner at the time.
(iv)
When the Medical Officer is of the opinion that the health of any prisoner suffers from
employment of any kind or class of labour, such prisoner shall not be employed on
that labour but shall be placed on such other kind of class of labour as the Medical
Officer may recommend.
(v)
No prisoner shall be required to work for the personal and private benefit of prison
officers.
53.
Incentives and Wages:-(1) Well structured and adequate incentives will be given to
prisoners who are employed in any work in the prison as per prescribed rules.
(2) A record of wages earned and spent by any inmate, particulars of deferred wages and
incidental maters shall be recorded and maintained by the Superintendent.
(3) The wage rate shall be revised from time to time by a Wage Fixation Board set up by the
State Government under the rules framed there under.
(4) The wages shall be transferred in bank account of prisoners. A bank account of every
prisoners shall be opened for this purpose, if he/she is not having a bank account already.
CHAPTER - VIII
PRISONERS CONTACT WITH FAMILY & OUTSIDE WORLD
54.

55.

56.

Contact & Communication with Family:-(1) Prison inmates shall be afforded opportunity
as prescribed in the rules, to have reasonable contact including visits, telephone contact,
electronic, digital communication contact and correspondence with family inside the prison
and subject to such reasonable limits consistent with the security of prison or safety of
persons.
(2) All blood relation prisoners separated on grounds of different sex shall be allowed to
meet each other in the presence of a prison officer as prescribed under rules.
(3) The Superintendent may, at any time, prohibit visits if security or good order of the prison
is likely to be jeopardized by such visits.
(4) A detenue shall be permitted to have not more than two interviews in a week with
relatives and friends at any reasonable hour on obtaining permission from the
Superintendent.
(5) Visit involving children shall take place in an environment that is conducive to positive
visiting experience for the visiting children.
Visit to civil and under trial / unsentenced criminal prisoners:-Due provision shall be
made for the interview of under trial and civil prisoners with family members, friends, legal
counsel and bonafide family members as have been notified to the Superintendent of
Prison at the time of admission, at such time and under such restrictions, as the
Superintendent may decide as per prescribed rules. Interview of such prisoners with their
bonafide legal counsel shall take place within sight, but not hearing distance of a prison staff
member in charge.
Search of Visitors shall be as per duly prescribed procedure:- (1) The Prison Officer
may demand the name and address of any visitor, and when the Prison Officer has any
ground for suspicion, may search any visitor, or cause him to be searched with due regard
to dignity and privacy. Provided that search of a female visitor shall be carried out by a

-14female prison officer or caused to be made by a woman under the supervision of a female
prison officer.
(2) In case of any such visitor refusing to permit him to be searched, the Prison Officer may
deny him admission; and the grounds of such proceeding, with particulars thereof, shall be
entered in such record besides being meted with any other proceedings as may be
prescribed.
CHAPTER - IX
SPECIAL CATEGORIES OF PRISONERS
57.

58.

59.

60.

61.

Power to make Regulations for Welfare of the Women, Under trial Prisoners, Young
Prisoners, Life Convicted Prisoners, Geriatric Prisoners, Persons under Sentence of
Death, and Foreign Prisoners.
(1) The State Government may, by notification in the Official Gazette, make regulations for
securing (i)
to women prisoners, proper care, protection, treatment, education, vocational training
and opportunity of social and cultural development keeping in view their personal
characteristics, gender specific needs and rehabilitation needs;
(ii) To under trial prisoners separate accommodation from convicted prisoners and
provide them with adequate legal aid and opportunity for social-cultural and
educational development;
(iii) To young offender prisoners (18 & 21 Yrs) separate accommodation from adults in the
prison and to provide them education and vocational training adequate for their
rehabilitation after release from prison;
(iv) to prisoners convicted with the sentence of life imprisonment, an opportunity to
undergo a programme of long term institutional treatment including opportunity for their
transfer to semi-open institutions or open prisons subject to fulfilling prescribed
conditions; and
(v) To geriatric prisoners (65 yrs and above), i.e. old, infirm and debilitated prisoners who
should be accommodated in special wards. All possible help for their ambulation &
sensory deficits should be included in care and treatment rendered to them. The
Medical Officer, Psychiatrist, Psychologist and the Superintendent of the Prison should
plan proper regime for these aged and infirm inmates.
Persons sentenced to Death:- (1) Every prisoner sentenced to death shall, immediately on
his arrival in prison after sentence be searched meticulously and all articles shall be taken
from him which the Superintendent or an officer authorized in this behalf by the
Superintendent deems it dangerous or inexpedient to leave in his possession.
(2)
Every such prisoner shall be treated as a normal convicted prisoner until his final
executable sentence is passed and such a prisoner shall not be entitled to any leave of any
kind or escort visit.
(3)
The procedure for accommodation, custody, safety, security, care facilities & visits
etc , available to such prisoner whose death sentence becomes finally executable shall be
such as may be prescribed from time to time. The duties of Superintendent & Medical
Officer in this regard shall be as prescribed in rules.
UNDER TRIAL PRISONERS
(1) All under trials shall be lodged separately from convicted prisoners. The under trial
prisoners shall be classified by the Classification and Security Assessment Committee set
up under sub section (1) of Section 35 of this Act as per security & risk assessment as
defined in rules.
The Transport facilities and escort to unconvicted criminal prisoners being produced before
the Court or sent to hospital and back shall be as per prescribed rules.
(1) Where the date of identification of an undertrial prisoner has been fixed by the Court, the
prisoner shall be put to identification parade in such manner as may be prescribed.
(2) When the date of production through video electronic -means has been fixed by court,
the under trial prisoner shall be produced for such purpose as per rules made under the act.
(3) Handcuffing of prisoners during transportation can be allowed only with the permission of
the court on the grounds like security of fellow prisoners, inflicting injury to self and likelihood
of escape.
Prison Regime:- (1) Every under-trial prisoner shall be subjected to a regime that is
consistent with the maintenance of order and discipline of a prison/correctional home. The
prison regime for under trial prisoners will focus on keeping them safe and secure and
usefully occupied. He shall be allowed to change his clothes, and other articles as in the
opinion of the Superintendent, may be permitted to be kept without impairing the discipline
and safety of the correctional home or prison.

-15-

62.

63.

64.

65.

66.

(2) Under trials who have drug and substance abuse problems will be admitted into the deaddiction centre in the prison for their treatment and rehabilitation.
(3) The Superintendent shall communicate the fact of serious illness or injured status of the
under-trial prisoner to the court before which his trial is pending, contact the legal aid
committee, if any, for securing release of the prisoner on bail, and inform the relative or
friends of the prisoner as to the condition of his illness/injury.
Legal services to the prisoners:- The Superintendent of a Prison / Correctional Home
shall prepare a list of such unconvicted criminal prisoners in that prison who are not
represented through the legal Counsel in their cases in connection with which they are
detained and send list of such prisoners to the Secretary of the District Legal Aid and
Service Authority (of the district in which the prison is situated) constituted under sub-section
(1) of section 9 of the Legal Services Authorities Act, 1987 to provide legal services under
that Act. The list shall also contain the names any prisoners who are in need of free legal aid
services.
District Prison Supervisory Committee:- (1) The State Government shall constitute a
body to be called the District Prison Supervisory Committee for every district in the State to
review the cases of under trial /unconvicted criminal prisoners in the manner as hereinafter
provided in this section.
(2)
The District Prison Supervisory Committee shall consist of
(a)
the District and Sessions Judge who shall be its Chairperson; and
(b)
the District Magistrate, the Superintendent of Police of the district, the officer in
charge of the prosecution in the district and the Superintendent of Prison of the
district and such other official or non- official persons as may be deemed fit by the
State Government, who shall be its members.
(3)
The District Prison Supervisory Committee shall exercise such powers of supervision
and discharge its functions; in such manner for the expeditious implementation of
Supreme Court directions on under trials & as per Code of Criminal Procedure
(1973) & to ensure that no prisoner is detained in prison for a period exceeding
the maximum period of punishment provided for the offence for which he/she has
been detained.
Vocational Training and work to unconvicted criminal prisoners:(1) The State Government shall provide opportunity, in the prescribed manner to the under
trial/unconvicted criminal prisoners to receive vocational training, education or to be
engaged in work to assist him in leading a law-abiding life upon release.
(2) The under trial prisoner shall get adequate incentive by way of remuneration for
rendering productive work done by him in such training or engagement in production work
as per prescribed rules.
YOUNG OFFENDERS
Classification of young offenders:-(1) Classification of young offenders will be made on
the same pattern as specified in Sections 32, 33 and 34 of the Act and the Rules framed
there under.
(2) The Classification Committee shall in particular focus on the treatment of drug and
substance abuse offenders and for the vocational and educational programmes of young
offenders.
FOREIGN PRISONERS
(1)Prisoners who are foreign nationals shall be allowed reasonable facilities to
communicate with the diplomatic and consular representatives of the country to which they
belong to, through Director General Prisons as per the policy and instructions of the
Government of India issued from time to time.
(2) Prisoners who are nationals of countries without diplomatic or consular representation in
the country and refugees or stateless persons shall be allowed similar facilities to
communicate with the diplomatic representative of the country which takes care of their
interests or any national or international authority whose task it is to protect such persons
through Director General Prisons as per the policy of the Government of India.
(3) Sentenced Prisoners who are foreign nationals shall be informed of the possibility of
requesting that the execution of their sentence may be transferred to their country of origin if
subject country has signed an agreement with the Government of India under the
Repatriation of Prisoners Act 2004, & actions taken as per provisions and the rules framed
therein by Government of India. The actions required to be taken by the Superintendent,
and coordination required shall be prescribed in the rules.
WOMEN PRISONERS

67.

Separate Accommodation for Women Prisoners:-(1) The State Government shall

establish such number of Correctional Homes Prisons for women prisoners as it may, from
time to time, consider necessary. Women prisoners shall be separately accommodated in a

-16-

68.

69.

70.

correctional home for women prisoners or in a prison containing female as well as male
prisoners, the females shall be imprisoned in separate buildings, or separate parts of the
same building, with separate entrance and in such manner as to prevent their seeing, or
conversing with the male prisoners. Women prisoners shall be allocated, to the extent
possible, to prisons close to their homes or places of social rehabilitation, taking account of
their caring responsibilities.
(2) Prison Administration shall develop and implement classification methods that address
the gender specific needs and circumstances of women prisoners to ensure appropriate and
individualized planning and implementation towards their early rehabilitation, treatment and
reintegration into the society.
(3) The Classification and Security Assessment Committee set up under Section 35 of this
Act shall for the purpose of classifying women prisoners associate at least one lady prison
officer and further classify the women prisoners in the following manner :
(a) Women prisoners classified as repeat offender / recidivists shall be segregated from
other female offenders;
(b) Women under-trial prisoners shall be segregated from convicted female prisoners;
(c) Any other category considered necessary by the Government.
Special Needs:- (1) Women prisoners should be held in conditions that meet their gender
specific needs and which also facilitate their successful resettlement after release from
prison.
(2) There shall be women medical officer/s in women correctional home & women medical
staff in each prison where women prisoners are lodged to provide for their medical & health
needs.
(3) Special provisions shall be made for the sanitary and hygiene needs of women
prisoners.
Identification of Prisoner and entry of male staff into female ward :- (1) A Police Officer
may, on the orders of a competent court, for identification take the biometric identification,
foot-print, finger impression, photograph or measurement of a women prisoner in the
presence of female prison officer or lady staff member. There shall be no invasive body
searches. Provided that search of a female prisoner shall be carried out by a female prison
officer or some other women under the supervision of the prison officer.
(2) When women prisoner is confined in a cell, the key of the cell shall be in the custody of
the female staff member who shall be within hearing distance of the women prisoner as far
as practicable.
(3) In the Womens Prison, all staff shall be female. Provided that the male security staff may
be employed for duties outside such Prison.
(4) No male officer shall enter the female ward or enclosure except for the performance of
his duties under this Act or the rules made there-under or for carrying out the orders of his
superior. In such case, the officer or staff shall be accompanied by a lady staff member for
so long as such male officer remains in the female ward or enclosure on duty.
Women with children:- (1) (a) If a woman prisoner has a child who is below 6 years of
age, she shall be allowed to retain the child with her in the prison till the child attains the
age of 6 years, unless her husband, or any other relative offers to maintain the child during
the period of her confinement in the best interest of the child.
(b) When such child attains the age of 6 years and there is no one to look after the child,
then the Superintendent shall inform the Child Welfare Committee, set up under Section 22
of the Juvenile Justice (Care and Protection of Children), Act, 2000 and such child be sent
to a suitable institution run by the Department of Social Welfare. Arrangements shall be
made for meeting of such children to with their mothers at least once a week.
(2)
The number and personal details of the children of women being admitted to prison
shall be recorded at the time of admission. The records shall include, without prejudice to
the rights of the mother, at least the names of the children, their age and, if not
accompanying the mother, their location and custody or guardianship status.
(3)
All information relating to the childrens identity shall be kept confidential, and the use
of such information shall always comply with the requirement to take into account the best
interests of the children.
(4)
Women prisoners shall be allocated, to the extent possible, to prisons close to their
homes or places of social rehabilitation, taking account of their caring responsibilities.
(5)
Children living with their mothers in prison shall be provided with on- going healthcare services and their development monitored by specialists, in collaboration with
community health services.
(6)
Children living with their mothers in prisons shall be given proper education and
recreational opportunities facilities conducive for their development. In no case shall these
children be locked with their mother/guardian during day time and provisions for taking them
out under proper supervision of female prison staff shall be made.

-1771.

72.
1.
2.

3.
4.
5.
73.

74.

Pregnant Women and Breast-feeding Women Prisoners:- (1) Adequate and timely food
including supplemental nutrients, a healthy environment and regular exercise opportunities
shall be provided for pregnant women, babies, children and breast-feeding mothers.
(2) Child Birth in Prison :- (a) An expectant woman prisoner shall be legally enabled to have
her delivery outside the prison, through temporary release / parole or taken to District
Hospital for delivery outside the prison or under the provisions of having a medical
attendant outside prison.
(d)
The Superintendent & Medical Officer shall make all medical and other
arrangements both for mother and the child.
(3)
The medical and nutritional needs of women prisoners who have recently given birth,
but whose babies are not with them in prison, shall be included in treatment programmes.
(4)
Proper pre-natal and post-natal care shall be provided to the woman prisoner as per
the medical advice.
(5)
District and Session Judge during his Visits to the Prison and Members of the District
Prisons Supervisory Committee set-up under section 63 of the Act may identify such
pregnant women undertrial prisoners for grant of bail or expeditious disposal for their trial.
Prison Regime for Women Prisoners:Women prisoner shall have access to a balanced and comprehensive correctional
programmes & activities, which takes account of gender appropriate needs.
The Regime of the prison shall be flexible enough to respond to the needs of pregnant
women, nursing mothers and women with children. Childcare facilities or arrangements shall
be provided. A Crche and a nursery shall be attached to a prison for women and this
facility shall also be extended to female prison staff.
Particular efforts shall be made to provide appropriate programmes for pregnant women,
nursing mothers and women with children in prison.
Appropriate services for women prisoners who have psycho-social needs, especially those
who have been subjected to physical, mental or sexual abuse will be provided.
Punishment by way of close confinement and segregation shall not be applied to pregnant
women, breast feeding mother and women with infants in prison.
Judicial inquiry in case of rape in custody :- When any rape is alleged to have been
committed on any woman in prison custody, an inquiry, investigation shall be held by the
police and judicial magistrate as per provisions of Section 176 [1A (b)] of the Code of
Criminal Procedure, 1973 and as prescribed in the Rules.
Inquiry into complaints of sexual harassment. - Any complaint of sexual harassment by
women prisoner shall be dealt by the Internal Complaints Committee constituted under the
provisions of Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013 and the rules framed thereunder. The Complaint shall also be
forwarded to the District Judge for passing appropriate order for inquiry or investigation as
deemed fit.
CHAPTER-X
PRISON OFFENCES AND PUNISHMENT

75.

Prison Discipline:- All efforts shall be made to encourage inmates to conduct themselves in
a manner that promotes good order and discipline in the prison.

76.

Disciplinary Offences:(1) Any conduct that is likely to constitute a threat to good order, safety or security of prison/
prisoners shall be a disciplinary offence and an illustrative list thereof shall be prescribed in
the rules.
(2) The disciplining officers and extent of their authority to inflict punishment after following
the prescribed offences shall be notified in the rules.
(3) Classification as major or minor offences shall be such as may be prescribed under the
rules made under the Act.
(4) The following is the broad classification of prison offences for punishment as per rules
which shall be further detailed in the rules made under the Act:1.Offences against Discipline;
2. Offences against discipline by prisoner related to drugs, alcohol and harmful substances;
3. Attempting or aiding commission of offence against discipline;
4. Minor or unintentional breaches of discipline;
5. Unauthorized deliveries, communications, recordings and possession of unauthorized
items;
6.Unauthorized use or possession of wireless communication devices and their ancillary
components by prisoner;
7. Trespassing in or loitering about access to prison;
8. Restricted communications with or deliveries to prisoner outside prison;

-189. Offences committed by persons while on temporarily release from custody;

10. Pretending to be prison officer or employee of department;
11. Injury, interference with or obstructing searches and search personnel;
12. Smuggling and attempted smuggling of prohibited articles in the prison premises;
13. Assaulting or intimidating fellow prisoners in making false representation against the
prison authorities;
14. Refusing to eat food;
15. Escape or attempting to escape from the prison;
16. Refusing to do the work allocated to the prisoner without sufficient cause.
77.

Punishment of Prison Offences:- No person shall administer, instigate, consent to or

acquiesce in any cruel, inhumane or degrading treatment or punishment of an offender.
78.
Procedure for conducting inquiries for the award of punishment :(1)
No prisoner shall be awarded any punishment under Section 76 (3) unless he has
been informed of the offence alleged against him and given a reasonable opportunity
of being heard in his defence.
(2)
The Superintendent may follow such procedure, for the holding of inquiries including
framing of charges against a prisoner, segregation of prisoners pending inquiry,
medical examination in case of injuries, conduct of the inquiry and other matters
regarding requests for appeal or revision, as may be prescribed;
(3)
Where the act of the prisoner is an offence punishable under this Act and under the
Indian Penal Code, 1860 (45 of 1860) or and any Local or Special Laws, it shall be
reported to the police for taking action as per the law beside, separate action to be
taken by the Superintendent for the acts of indiscipline and breaking of prison rules.
(4)
Where a person is found to be habitually committing prison offences, he shall be
subjected to enhanced punishment as provided in the rules.
79.
Punishment for Prison offences:(1) The Superintendent after the conduct of an inquiry, as prescribed, inside the prison of
any person alleged to have committed an offence specified in Section 76 and rules framed
there under, may impose any of the following punishments after judicial appraisal by the
concerned District & Session Judge :(i) Formal warning which shall be recorded by the Superintendent in the punishment book.
(ii) Stoppage of recreational facilities up to a period of one month or canteen facilities for a
period of three months or stoppage of interviews for a period of one month;
(iii) Forfeiture of wages up to earnings of three days once in a month and as prescribed by
rules.
(iv) Forfeiture of earned remission up to maximum period as prescribed by rules.
(v) In case of breaches and violations in conditions of release on parole or furlough, not
counting the said period towards imprisonment;
(vi) Transfer to higher security prisons and consequent loss of privileges.
(vii) Transfer to special security wards.
(viii) Segregation up to a period of three months, and subject to appraisal by the District Judge
with intimation to the Director General.
(ix) Separate confinement in a security cell up to a period of one month at a time, and with the
appraisal by the District Judge up to a period of three months subject to such conditions as
may be prescribed;
Explanation : For the purpose of maintaining good order or security in prison, separate
confinement means such confinement with or without labour as secludes a prisoner from
communication with, but not from sight of other prisoners, and allows him to have his
meals in association with one or more other prisoners. Every security cell used for
separate confinement of a prisoner shall be of such size and so ventilated and lighted
that a prisoner may be confined in that cell without injury to health. The specifications of
cell shall be as prescribed.
(2)
While undergoing any of the punishments awarded above, the following privileges
may, however, be extended to the prisoners, namely:
(i) Provision of letters and supply of religious, spiritual and moral books as far as the
rules of the prison provide;
(ii) interviews with members of family of the prisoner and friends as notified by him at
the time of admission, may be granted in accordance with rules by the Superintendent.
80.
Classification of major and minor punishment : Punishments may be classified into
minor and major punishments in the rules made under the Act.
(I)Any incident of serious or repeated misconduct by a prisoner facing trial may be intimated
by the Superintendent to the trial court.

-1981.

82.

83.

Procedure on commission of offences under IPC or Special and Local Laws:-The local
police having jurisdiction shall be informed of commission of any offence under the IPC or
special and local laws to take further necessary action as warranted by law.
Punishment for criminal offences committed- inside the prison or during the custody
period while on parole and furlough shall not run concurrently to the sentence which the
prisoner was serving or facing trial for.
Punishment book:(1)
In the punishment-book, there shall be recorded, in respect of every punishment
inflicted, the prisoners name, register number and the class (whether repeater/recidivist or
not) to which he belongs, the prison offence of which he was guilty, the date on which such
prison offence was committed, the number of previous prison-offences recorded against the
prisoner, and the date of his last prison offence, the punishment awarded, and the date of
infliction.
(2)
In the case of every serious prison-offence, the names of the witness proving the
offence, the substance of the evidence of the witnesses, the defence of the prisoner, and
the finding with the reasons therefore shall be recorded.
(3)
Against the entries relating to each punishment the Prison Officer and the
Superintendent shall affix their initials as evidence of the correctness of the entries.
CHAPTER-XI
GRIEVANCE REDRESSAL & BOARD OF VISITORS

84.
85.

86.

87.

88.

Complaints to Superintendent:- Every prisoners shall be given an opportunity on daily

basis to make bonafide complaints or requests to the Superintendent.
Complaint to District & Sessions Judge :- Every prisoners shall have an opportunity to
make a complaint to the District & Sessions Judge, who shall take necessary action on the
complaint as deemed fit. Complaint box shall be placed in every barrack and the key of
these boxes shall be available with District Judge.
Grievance Redressal Committee:(1) For the purpose of receiving grievances from the prisoners and for the redressal of any
such grievance a Grievance Redressal Committee may be appointed for each prison with
the following members :
(a)
Superintendent
:
Chairman
(b)
Deputy Superintendent
:
Member
(c)
Medical Officer
:
Member
(d)
Welfare Officer / Probation officer
:
Member
(e)
Law Officer (if any)
:
Member
(f)
Any other person(s) to be nominated
:
Member
by the DG of Prisons
(2) The Grievance Redressal Committee shall meet at least once in a month to deal with
petitions and representations from prisoners and it shall follow such procedure for the
examination of such petitions or representations as may be prescribed.
(3) Any prisoner aggrieved by the decision of the Grievance Redressal Committee may appeal
to the Director General within thirty days from the date of communication of such decision.
State Government to notify Visitors:- The State Government shall by notification prepare
a panel of official and non official visitors for each prison to function by the name of Board of
Visitors. The State Government shall also take into considerations the recommendations of
State Human Rights Commission while finalizing composition of this panel. There shall be at
least one woman as non-official visitor. The Superintendent of the concerned prison shall
function as the Secretary of the Board, and act as per prescribed rules.
Functions of Board of Visitors:- (1) The Board of Visitors shall perform its functions as
prescribed in the Rules.
(2)
The Board of Visitors for central and district prisons and sub-prisons should visit the
concerned institution at least once in three months. A meeting of the Board of Visitors with
the Director General of Prisons or his nominee, shall take place at least twice in a year.
CHAPTER-XII
OPEN INSTITUTIONS & PRISONERS PANCHAYAT

89.

Power of State Government to establish Open Institutions:-1) The State Government

may establish and maintain as many open institutions to organize open, semi-open
correctional homes as may be necessary for the detention of such prisoners as have shown
excellent behavior, assessed as per prescribed rules, in institutional programmes conducted
in prisons.
(2)
The State Government shall prescribe rules for the management of open institutions.

-20(3)

90.

91.

92.

93.

94.

95.

The Director General of Prisons may allow all, such reasonable facilities /
concessions, which are feasible, as may assist the prisoners in his / her rehabilitation
in the society.
(1)
There shall be constituted in every prison (including an open correctional home) a
Prisoners Panchayat with the members from amongst the well behaved prisoners,
excluding civil prisoners and detenues detained in the correctional home.
Provided that no prisoner having previous conviction for any offence under chapter VII of the
Indian Penal Code, or any offence involving moral turpitude or illicit manufacturing of, or
trade in, an intoxicating substance or adulterated food, drink or medicine, narcotic drug or
substance, or for any economic offence, or having come to advance notice for indiscipline in
prison including smuggling of contraband into prison shall be included in the Prisoners
Panchayat.
(2) The composition of Panchayat, tenure of members, functions of Panchayat and other
matters connected there to shall be regulated by the rules framed under this Act.
CHAPTER-XIII
REMISSION, PAROLE, PREMATURE RELEASE AND LEAVE
Remission to prisoners:- (1) As an incentive for good behavior or work in prison, prisoners
may be considered for remission of punishment under this Act, but no prisoner shall be
entitled as of right to demand remission.
(2) Remissions may be of three kinds and depending on the behavior of the prisoners and
may be classified as ordinary, special and state remission.
(3) Ordinary and special remission shall be regulated by the rules as may be framed by the
State Government. It is also subject to withdrawal, forfeiture and revocation as per rules.
(4) Remission may be granted by the State to convicted prisoners as per provisions of
Section 432 of the Code of Criminal Procedure (1973).
(5) The remission by Head of the State can be awarded to such prisoners, or categories of
prisoners, as the Head of the State may decide.
(6) There shall be a Remission Committee consisting to the Superintendent and such other
officers as may be prescribed to oversee the calculation and computation of ordinary and
special remission to convicted prisoners as per prescribed rules.
Premature release:- (1) Well behaved, long term convicted prisoners may be prematurely
released with the objective of their reformation and rehabilitation, by the Government, either
suo motu or on the recommendation of an Advisory Committee as may be prescribed.
(2) The Advisory Committee constituted as per sub-section (1) shall have the powers and
duties, as may be prescribed.
Leave:- (1) Leave may be granted to well behaved, eligible, convicted prisoners for their
better rehabilitation and reintegration as an incentive for good behavior and responsiveness
to correctional treatment in such manner and subject to such conditions as may be
prescribed.
(2) All kinds of parole, remission and leave granted to the prisoners shall in no case
exceed one third of the sentence.
(3) The Kind of leave and matters related thereto shall be such as may be prescribed
under the Punjab Good Conduct Prisoners Temporary Release Act, 1962 and amended
from time to time and any other rules framed by the State Government.
CHAPTER-XIV
PROBATION, AFTERCARE AND PRISONERS REHABILITATION & REINTEGRATION
(1)
Aftercare service, shall form an integral part of correctional programmes in prisons.
The State Government shall make efforts to ensure rehabilitation and re-integration of the
prisoners into society and take such measures and frame such polices for rehabilitation of
prisoners after their discharge from prison.
(2) Appointment of Probation-cum-Aftercare Officer
Any person appointed to be a Probation Officer by the State Government, under the
Probation of Offenders Act, 1958 shall be re-designated as Probation cum-Aftercare Officer,
and the duties and functions of such officer shall also include follow up of such released
prisoner as per prescribed rules besides those functions prescribed under the Probation of
Offenders Act, 1958.
(3) As a pre-release preparation Officer-in-Charge of welfare of prisoners should make
intensive contacts with the needy inmate, his family, prospective employers, after-care
institutions, voluntary agencies etc so as to facilitate his rehabilitation and reintegration with
the mainstream of society.
Rehabilitation and Reintegration Advisory Board.
(i) There shall be an Advisory Board consisting of such numbers of members, as may be
prescribed to be called the Punjab Prisoners Rehabilitation and Reintegration Advisory
Board to aid and advise the State Government in the matter of skill building, correctional
activities and assistance for rehabilitation and reintegration of the released prisoners.

-21(ii) The committee shall have not less than one woman member.
(iii) The members of committee may perform such duties, functions and follow such
procedure as may be prescribed.

-2296.

Rehabilitation assistance to prisoners

(i) The Prison Department should have close contact with government and nongovernmental organizations offering after care facilities and help for implementing schemes
for rehabilitation and reintegration of released prisoners into society.
(ii) The State Government may provide rehabilitation assistance to such categories of
prisoners as may be prescribed.
CHAPTER-XV
Miscellaneous

97.

Extramural Custody, Control and employment of prisoners:- A prisoner, when being

taken to or from any prison in which he may be lawfully confined, or whenever he is working
outside or is otherwise beyond the limits of any such prison in or under the lawful custody or
control of a prison officer belonging to such prison, or any other officer deployed for such
duty shall be deemed to be in prison and shall be subject to all directions and discipline as if
he were actually in prison that.
Accounts and Audit:- The accounts of every prison shall be maintained and audited in
such a manner as may be prescribed by the State Government.
Recruitment and Training of Prison Officials:- (1) The rules for the recruitment,
appointment, qualifications, the terms and conditions of service of persons appointed under
this Act and training to be imparted before appointment shall be prescribed.
(2) No prison officer shall be posted in the prison without basic induction training and the
State shall provide necessary basic and in -service continuous training to all prison officers,
so as to enable them to perform their role effectively and professionally.
Delegation of Powers:- Any of the powers conferred by this Act on the State Government
may be exercised and performed by such officers as the State Government may designate
in this behalf.
Exercise of powers of Superintendent and Medical Officer:- All or any of the powers and
duties conferred and imposed by this Act on a Superintendent or Medical Officer may in his
absence, be exercised and performed by such other officers as the Director General may
appoint in this behalf either by name or by his official designation.
Prison Manual:-The Director General of Prisons shall, from time to time, prepare and
publish and Prison Manual for the State which shall include inter alia the legislation
governing prisons and prisoners, the statutory and non-statutory rules and orders so as to
make it a useful reference book to all concerned in the prison administration and
correctional services in the State.
Inspection Committee:- (1) The State Government may appoint inspection committees for
the different categories of prisons, for such period and for such purposes as may be
prescribed.
(2) The inspection committee shall consist of such number of members from the
Government/Civil Society and non-Government organization as may be prescribed.
Protection of action taken in good faith:- No suit, prosecution or other legal proceeding
shall lie against the Government or any functionary of the Government in respect of anything
which is done or intended to be done in good faith in pursuance of this Act or the rules made
or orders or directions issued there under.
Research in the field of corrections:-The State Government shall encourage research in
the area of prison and correctional administration, and the research input should be used
for policy-making and devising programmes and evidence based interventions for
reformation, rehabilitation and successful reintegration of offenders into society.
Prison Staff Welfare:- The State Government shall designate an officer, not below the rank
of an Assistant Inspector General to head a prison staff welfare wing in the office of the
Director General to aid and advise him in the implementation of welfare measures for prison
personnel . Prison staff welfare fund may be created as per rules.
Powers of Government to make rules:The Government may make rules consistent with this Act:(i)
defining the acts which shall constitute prison offences;
(ii)
determining the classification of prison offences into serious and minor offences;
(iii)
classification of prisoners into different categories;
(iv)
Rules to the management of different regimes for specific categories of prisoners.
(v)
fixing the punishment admissible under this Act which shall be awarded for
commission of prison offences or classes thereof;
(vi)
declaring the circumstances in which acts constituting both a prison offence and an
offence under the Indian Penal Code / Special and Local Laws may or may not be
dealt with as a prison offence;
(vii)
regulating the use of force against any prisoner or body of prisoners in the case of a
riot, outbreak or attempt to escape;

98.
99.

100.

101.

102.

103.

104.

105.

106.

107.

-23(viii)

108.

109.

defining the circumstances and regulating the conditions under which prisoners in
danger of death may be released;
(ix)
for the classification of prisons, and description and construction of wards, cells and
other places of detention;
(x)
for the regulation by numbers, length of character of sentence, or otherwise, of the
prisoners to be confined in each class of prisons;
(xi)
as to the food, bedding and clothing of criminal prisoners, civil prisoners, under trial
prisoners, and detenues, maintained otherwise than at their own cost;
(xii)
as to the diet, food, bedding, clothing and medical care of children with women
prisoners lodged in the prison;
(xiii) for the employment, instruction and control of convicts within or without prisons;
(xiv) for defining articles the introduction or removal of which into or out of prisons without
due authority is prohibited;
(xv)
for classifying and prescribing the forms of labour and regulating the period of rest
from labour;
(xvi) for prescribing the wage to be paid to the prisoners who are employed in work in the
prison;
(xvii) for regulating the disposal of the proceeds of the employment of prisoners;
(xviii) for prescribing the duration, frequency and mode of contact between the prisoner
and his / her family;
(xix) power & functions of Inspector General, Deputy Inspector General and other Officers
of the Prisons and Correctional Services Department.
(xx)
for measures to bring about coordination between various departments of the
Government for upkeep, maintenance, welfare of the prisoners and to deal with
contingencies;
(xxi) for the preparation and maintenance of history tickets;
(xxii) for fair and transparent prison grievance redressal mechanism for prison personnel.
(xxiii) for rewards for good conduct of staff;
(xxiv) for regulating the transfer of prisoners whose term of imprisonment is about to expire
subject, however, to the consent of the State Government or any other State to
which a prisoner is to be transferred;
(xxv) for the treatment, transfer and disposal of mentally ill criminals confined in prisons;
(xxvi) for regulating the transmission of appeals and petitions from prisoners and the
communication with their friends;
(xxvii) for providing legal aid to prisoners;
(xxviii) for providing rehabilitation assistance to prisoners;
(xxix) the procedure to be followed for the conduct of meetings of the Committee to review
under trial prisoners, Classification and Security Assessment Committee, District
Prison Supervisory Committee, Wage Fixation Board, Grievance Redressal
Committee, Prisoners Rehabilitation and Reintegration Advisory Board.
(xxx) for conduct, punishment and appeal relating to the prison officers;
(xxxi) for temporary release, suspension and remission of sentence of prisoners; and
(xxxii) Generally for carrying into effect the purpose of this Act.
Savings of State Laws:- Notwithstanding the Prison Act, 1894, all the rules, regulations,
orders, directions, notifications relating to the prison made under the Prisons Act, 1894 and
in force immediately before the commencement of this Act shall, except where and so far as
they are inconsistent with or repugnant to the provisions of this Act, continue to be in force
until altered, amended or repealed by rules made under this Act.
Power to remove difficulties:-(1) If any difficulty arises in giving effect to any of the
provisions of this Act, the State Government may, by order published in Official Gazette,
make such provisions or take such measures, not inconsistent with the provisions of this
Act, as may appear to it to be necessary or expedient for removing the difficulty;
Provided that no such order shall be made after expiry of a period of three years from the
date of commencement of this Act.
(2) The State Government may make an order under sub-clause (1) to have effect from any
date not earlier than the date of commencement of this Act.
(3)An order made under sub-clause (1) shall be laid, as soon as may be after it is
made, before the Assembly of the Government of Punjab, for 30 days in one or
more sessions put together.

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