Delhi Jail Manual (1) - 6

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DELHI JAIL MANUAL

(2) The report of such death shall forthwith be sent to the Supt and the Inspector General by
the Medical Officer.

(3) When the Supt o Inspector General receives information that a person has committed
suicide, or has been killed by another, or by an accident, or has died under circumstances
raising as reasonable suspicion that some other person has committed an offence, he shall
immediately give information thereof to the nearest Executive Magistrate empowered to
hold inquests, in accordance with sub-section (4) of Section 174 and Section 176 of the Code
of Criminal Procedure, 1973 (2 of 1974) and such Magistrate shall hold an inquiry into the
cause of death.

DEPUTY SUPERINTENDENT

16. Deputy Supt resides in prison- The Deputy Supt shall reside in the prison, unless the
Inspector General permits him in writing to reside elsewhere.
17. Deputy Supt to give notice of death of prisoners- Upon the death of a prisoner,
Deputy Supt shall give immediate notice to the Supt and the Medical Officer.
18. Responsibility of Deputy Supt- the Deputy Supt shall be responsible for the safe
custody of the records to be kept under Section 12 for the commitment warrants
and all other documents confided to his care, and for the money and other articles
taken from prisoners.
19. Deputy Supt to be present at night- The Deputy Supt shall not be absent from the
prison for a night without permission in writing from the Supt, but, if absent without
leave for a night from unavoidable necessity, he shall immediately report the fact
and the cause of it to the Supt.
20. Power of Assistant Supt- An Assistant Supt shall, subject to the order of the Supt, be
competent to perform any of the duties and he subject to all the responsibilities of a
Deputy Supt under this Act or any rule made there under.

SUBORDINATE OFFICER

21. Duties of gatekeeper- The officer 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 nay property belonging to the
prison, and, if any such article or property be found, shall give immediately notice
thereof to the Deputy Supt.
22. Subordinate officer not to be absent without leave- Officers subordinate to Deputy
Supt shall not be absent from the prison without leave from the Supt or from the
Deputy Supt.

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23. Utilization of the services of premises- The Supt may utilize the service of prisoners,
in accordance with the rules, for efficient management of the prison.

CHAPTER IV

ADMISSION, REMOVAL AND DISCHARGE OF PRISONERS

24. Prisoners to be examined on admission- (1) whenever a prisoner is admitted in


prison, he shall be searched, and all weapons and prohibited articles shall be taken
from him.
(2) Every criminal prisoner shall also, after admission, be examined on the same day
under the general or special orders of the Medical Officer, who shall enter or cause
to be entered in a book, to he kept by the Deputy Supt, a record of the state of
prisoner’s health, and of any of any wounds or marks on his person, the class of
labour he is fit for if sentenced to rigorous imprisonment, and any observations
which the Medical Officer thinks fir to add.
(3) In the case of a female prisoner, the search shall be carried out by the matron
and the medical examination by the female medical officer.

25. Effects 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 criminal prisoner or brought to the prison for his use, shall be
placed in the custody of the Deputy Supt.

26. Removal and discharge of prisoners- (1) All prisoners, before being removed to any
other prison, shall be examined by the Medical Officer/Female Officer, as the case
may be.
(2) No prisoner shall be removed from one prison to another unless the Medical
Officer/Female Medical Officer certifies that the prisoner is free from any illness
rendering him unfit for removal.
(3) No prisoners shall be discharged against his will from prison if laboring under any
acute or dangerous distemper, not until, in the opinion of the Medical
Officer/Female Medical Officer, such discharge is safe.
(4) The Supt may leek orders, as soon as possible from the court of chief
Metropolitan Magistrate regarding further detention of a prisoner whose release
orders have been received in local cases and against whom a production warrant
from an outside court has been received by the Supt.

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DELHI JAIL MANUAL

CHAPTER V
DISCIPLINE OF PRISONERS

27. Responsibility of Superintendent - The discipline in the prison shall be maintained


by the Supt firmly, fairly and in equitable manner in accordance with the rules.

28. Separation of prisoners- The requisition of this Act with respect to the separation of
prisoners are as follows:
1) 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, in
such a manner as to prevent their seeing or conversing with the male
prisoners;
2) Female prisoners convicted or charged for an offence under the Immoral
Traffic (Prevention) Act, 1956 (104 of 1956) for any sexual or other offence
involving grave moral depravity, shall be segregated from all other types of
female prisoners.
3) In a prison where male prisoners under the age of twenty-one are confined,
means shall be provided for separating them altogether from the other
prisoners and for separating those of them who have arrived at the age of
sixteen years but are below the age of eighteen years;
4) Un-convicted criminal prisoners shall be kept apart from convicted criminal
prisoners;
5) Civil prisoners shall be kept apart from criminal prisoners;
6) Dangerous security prisoners shall be kept separately;
7) Detenus shall be kept apart; and
8) All blood relation prisoners, separated on grounds of different sex, shall be
allowed to meet each other once a week in presence of a jail officer.

29. Association and segregation of prisoners- Subject to the requirement of the last
foregoing section, criminal prisoners may be confined either in association or
individually in cells or partly in one way and partly in the other.

30. Prisoners under sentence of death- (1) every prisoner under sentence of death shall,
immediately on his arrival in the prison after sentence, be searched by, or by the
order of, the Supt and all articles shall be taken from him which the Supt deems it
dangerous or inexpedient to leave in his possession.

(2) Every such prisoner under a finally executable sentence shall be confined in a cell
apart from all other prisoners, and shall be placed by day and by night under the
charge of a guard.

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DELHI JAIL MANUAL

CHAPTER VI
FOOD, CLOTHING AND BEDDING OF CIVIL PRISONERS

31. Maintenance of certain prisoners from private sources- A Civil prisoner shall be
permitted to maintain himself, and to purchase, or receive from private sources at
proper hours and days foods, clothing, bedding or other necessaries, but subject to
examination and to such rules as may be approved by the Inspector General.

32. Restriction on transfer of food and clothing between certain prisoners- No part of
any food, clothing, bedding or other necessaries belonging to any civil prisoners and
any prisoner transgressing the provisions of this section shall lose the privilege of
purchasing food or receiving from private sources, for such time as the Supt thinks
proper.

33. Supply of clothing and bedding to civil prisoners- Every civil prisoner unable to
provide himself with sufficient clothing, bedding and other necessities shall be
supplied with such clothing, bedding, and other necessities shall be supplied with
such clothing, bedding and other necessities as may be prescribed in the rules.

CHAPTER VII
EMPLOYMENT OF PRISONERS

34. Employment of civil prisoners- (1) Civil prisoners, with the permission of the Supt,
and subject to such restrictions as the Supt may impose, work and follow any trade
or profession available in prison.
(2) Civil prisoners finding their own implements, and not maintained at the expense
of the prison, shall be allowed to receive the whole of their earnings of such as are
furnished with implements or are maintained at the determination by the Supt, for
the use of implements and the cost of maintenance.

35. Employment of criminal prisoners- (1) A criminal prisoner desiring to be employed


on labour, may be employed with the permission of the Supt subject to such
restrictions as may be prescribed in the rules made under this Act.
(2) No criminal prisoner sentenced to labour or employed on labour at this own
desire shall, except on an emergency with the sanction in writing of the Supt, be kept
to labour for more than nine hours in anyone day.
(3) 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 weight of such at
the time.

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DELHI JAIL MANUAL

(4) when the Medical Officer is of 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 or class of labour as the
Medical Officer may consider suited for him.

36. Employment of criminal prisoners sentenced to simple imprisonment- Provisions


shall be made by the Supt. for the employment (as long as they so desire) of all
criminal prisoners sentenced to simple imprisonment. No such prisoners shall be
punished for neglect of work.

CHAPTER VIII
HEALTH OF PRISONERS
37. Sick prisoners- (1) the names of prisoners desiring to see the Medical Officer or
medical subordinate or appearing out of health in mind or body shall, without delay,
be reported by the officer-in-charge of such prisoners, to the Deputy Supt.

(2) The Deputy Dupt shall without delay, call the attention of Medical Officer or
medical subordinate 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 the Medical Officer or medical subordinate respecting alteration
of the discipline or treatment of any such prisoner.

38. Record of direction of Medical Officer- All directions given by the Medical Officer or
medical subordinate in relation to any prisoner, with the expectation 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 other record as the Government
may by rule direct, and the Deputy Supt shall make an entry in its proper place
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 Deputy Supt thinks
fits to make, and the date of the entry.

39. Hospital- In every prison a hospital/ dispensary or proper place for the reception of
sick prisoners shall be provided.

CHAPTER IX

INTERVIEWS AND LETTERS

40. Interviews- Due provisions shall be made for the admission at proper time and days
and under proper restrictions, into every prison of person with whom prisoners may
desire to communicate, care being taken that so far as may be consistent with the

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interest of justice, prisoners may see their duly authorized and qualified legal
practitioners without the presence of any other person.

41. Search of visitors- (1) The Deputy Supt may demand the name and address of any
visitor to a prisoner, and when the Deputy Supt has any ground for suspicion, may
search any visitor, or cause him to be searched, but the search shall not be made in
the presence of any prisoner or of another visitor.

(2) In case of any such visitor refusing to permit himself to be searched, the Deputy
Supt may deny him admission and the grounds of such record as the Government
may direct.

42. Letters- (1) a prisoner shall have the facility of writing such number of letters to his
relatives and friends as may be prescribed.
(2) A prisoner may be allowed to write any number of letters at his cost.
(3) The Supt shall examine every letter written by a prisoner and may ask the
prisoner concerned to delete any portion of the letter which, in his opinion, is likely
to endanger the security of the State or prison or contains false information about
the affairs of the prison.
(4) The Supt shall examine every letter sent to any prisoner from outside and delete
any portion thereof which, in his opinion, is likely to endanger the security of the
State or prison before it is delivered to the prisoner.
(5) The facility of writing letters is contingent on good conduct and may be
withdrawn or postponed by the Supt on bad conduct.

CHAPTER X
OFFENCES IN RELATION TO PRISONS

43. Penalty for introduction or removal of, into or from prison and communication
with prisoners- Whoever, contrary to any rule under Section 71 introduces or
removes or attempts by any means whatever to introduce or remove, into or from
any prison, or supplies or attempts to supply to any prisoner, outside the limits of a
prison, any prohibited article, and every officer or member of staff of a prison who,
contrary to any such rule, knowingly suffers any such article to be introduced into or
removed from any prison, to be possessed by any prisoner, or to be supplied to any
prisoner outside the limits of a prison, and whoever, contrary to any such rule,
communicates or attempts to communicate with any prisoner, and whoever abets
any offence made punishable by this section, shall, on conviction before a
Magistrate, be liable to imprisonment for a term not exceeding six months, or to fine
not exceeding ten thousand rupees, or to both.

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44. Power to arrest for offence under Section 43- When any person, in the presence of
any officer of a prison, commits any offence specified in the last foregoing section
and refuges on demand of such officer to state his name and residence or gives a
name or residence, which such officer knows or has reason to believe, to be false,
such officer may arrest him, and shall without unnecessary delay make him over to a
police officer, and thereupon such police officer shall proceed as if the offence had
been committed in his presence.

45. Publication of penalties- The Supt shall cause to be affixed in a conspicuous place
outside the prison, a notice in official languages of Delhi setting forth the acts
prohibited under Section 43 and the penalties incurred by their commission.

CHAPTER XI

PRISON OFFENCES

46. Prison offences- The following acts are declared to be prison offences when
committed by a prisoner.
1) Such willful disobedience to any regulation of prison as shall have been
declared by rules made under Section 71 to be a prison offence;
2) Any assault or use of criminal force;
3) Willfully injures himself;
4) The use of insulting or threatening language;
5) Immoral or indecent or disorderly behavior;
6) Willfully disabling himself from labour;
7) Contumaciously refusing to work;
8) Filing, cutting, altering or removing handcuffs, letters or bars without due
authority;
9) Willful idleness or negligence of work by any prisoner sentenced to rigorous
imprisonment;
10) Willfully mismanagement of work by any prisoner sentenced to rigorous
imprisonment;
11) Willful damage to prison property;
12) Tampering with or defacing history tickets, records or documents;
13) Receiving possessing or transferring any prohibited article;
14) Feigning illness;
15) Willfully bringing a false accusation against any officer or prisoner;
16) Omitting or refusing to report, as soon as it comes to his knowledge, the
occurrence of any fire, any plot or conspiracy, any escape, attempt or
preparation to escape, and any attack or preparation for attack upon any
prisoner or prison official;
17) Conspiring to escape, or to assist in escaping;

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18) Converting or attempting to convert a prisoner to a different religious faith or


willfully hurting other’s religious feelings, beliefs and faith;
19) Failing to assist, or preventing other persons from assisting prison officials in
suppressing violence, assault, riot, mutiny, attack, gross-personal violence, or
in any other emergencies;
20) Send message surreptitiously by writing or speech or signs;
21) Participating in any riot or mutiny or abetting with another prisoner or
prisoners to commit riot or mutiny;
22) Stealing, damaging, destroying, disfiguring or misappropriating any prison
property or prisoners articles and property;
23) Refusing to eat food or goings on hunger strike:
Provided that this shall not be applicable to Male/Female prisoners on
religious grounds and all possible facilities shall be extended to such
prisoners in performance of their religious obligations.
24) Cooking unauthorisedly inside the cell or any place inside the prison;
25) Participating in, or organizing of, unauthorized activities, like gambling,
drinking, dealing in intoxicated articles and the like;
26) Aiding or abetting the commission of any of the aforesaid offences; and
27) Any other unauthorized, unlawful or illegal act as may be specified in the
rules.
47. Punishment of such prison offences-(1) The Supt may himself conduct or authorize
an officer not below the rank of Deputy Supt to conduct an inquiry inside the prison
of any person alleged to have committed an offence specified in Section 46 and
impose any of the following punishments:
a) A formal warning, which shall be personally addressed to the prisoner by the
Supt and recorded in the punishment book;
b) Forfeiture of remission up to a period of thirty days at any time or, with the
approval of the Inspector General, remove a prisoner from the remission
system up to a period of six months;
Provided that the Inspector General shall have power to forfeit all earned
remissions, other than remissions given by the Government, or to remove a
prisoner from the remission system for the entire period of his
imprisonment.
c) Stoppage of recreational facilities up to a period of one month or canteen
facilities up to a period of three months or stoppage of interviews for a
period of one month;
d) In case of breached and violations in conditions of release on parole or
furlough, not counting the said period towards imprisonment;
e) Segregation up to a period of three months, and with the sanction of the
Inspector General, up to a period of six months;

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f) Separate confinement up to a period of one month at a time, and with the


sanction of the Inspector General up to a period of three months subject to
such conditions as may be prescribed.

Explanation: Separate confinement means such confinement with or without labor as


schedules a prisoner from communication with, but not from sight of other prisoner and
allows him not less than one hour’s exercise per day and to have his reads in association
with one or more other prisoners.

g) Cellular confinement for any period not exceeding fourteen days with the
approval of Inspector General.
Provided that, after each period of cellular confinement, and interval of not
less duration than such period must clause before the prisoner is again
sentenced to cellular confinement.

Explanation: Cellular confinement means such confinement with or without labour as


entirely secludes a prisoner from communication with, but not from sight of, other
prisoners.

(2) While undergoing any of the punishment awarded under Section (1) above the
following privileges may, however, be extended to the prisoners, namely:
(a) Provision of letters and supply of religious and moral books as far as the rules
of the prison provide;
(b) Interviews with members of family of the prisoner may be granted in
accordance with rules by the Supt except in case of punishment under clause
(c) of sub-section 1 above.

48. Limitation to Award of punishment under Section 47- (1) The Supt shall have power
to award any of the punishments enumerated above:
Provided in the case of separate confinement for a period exceeding one month, the
previous confirmation of the Inspector General shall be obtained.
(2) No officer subordinate to the Supt shall have power to award any
punishment, whatsoever.
(3) No punishment shall be imposed without judicial appraisal of session’s judge
and where such intimation, on account of emergency, is difficult, such
information shall be given within two days of the action.
(4) Any incident of serious or repeated misconduct by a prisoner facing trial may
be intimated by the Supt to the trial Court.

49. Punishment to be in accordance with foregoing sections- Except by order of a Court


of Law, no punishment other than the punishment specified in the foregoing

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sections shall be inflicted on any prisoner otherwise than in accordance with the
provisions of those sections.

50. Entries in punishment book-(1) In the punishment book prescribed in Section 12,
there shall be recorded, in respect of every punishment inflicted, the prisoner’s
name, register number and the class (whether habitual 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 witnesses and substance
of their evidence, the defense of the prisoner, and the finding with the reasons
therefore shall be recorded.
(3) Against the entries relating to each punishment, the Deputy Supt and Supt shall
affix their initials and evidence of the correctness of the entries.

51. Procedure on committal of in-house offence- (1) If any prisoner is guilty of any
offence against prison discipline which, by reason of his having frequently
committed such offences or otherwise, in the opinion of the Supt, is not adequately
punishable by the infliction of any punishment, which he has power under this Act to
award, the Sup may forward such prisoner to the Court of the Chief Metropolitan
Magistrate or of any Metropolitan Magistrate having jurisdiction, together with a
statement of the circumstance and such Magistrate shall thereupon inquire into and
try the change so brought against the prisoner, and upon conviction, may sentence
him to imprisonment which may extend to one year, such term to be in addition to
any term for which such prisoner was undergoing imprisonment when he
committed such offence, or may sentence him to any of the punishments
enumerated in Section 47:
Provided that any such case may be transferred for inquiry and trial by the
Chief Metropolitan Magistrate to any Metropolitan Magistrate.

(2) No person shall under sub-section (1) above be punished twice for the same
offence.

52. Offences by prison subordinates- (1) Every Deputy Supt or officer of a prison
subordinate to him who shall be guilty of any violation of duty or willful breach, or
neglect of any rule or regulation or lawful order made by competent authority or
who shall withdraw from the duties of his office without permission, or who shall
willfully overstay any leave granted to him, or who shall engage without authority in
any employment other than his prison duty, or who shall be guilty of cowardice, shall

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