( ACT NO. IX OF 1894 )
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Prisons Act, 1894.
(2) It extends to the whole of Bangladesh.
(3) It shall come into force on the first day of July, 1894.
2[* * *]
3. In this Act:-
(1) “prison” means any jail or place used permanently or temporarily under the general or special orders of Government for the detention of prisoners, and includes all lands and buildings appurtenant thereto, but does not include
(a) any place for the confinement of prisoners who are exclusively in the custody of the police;
(b) any place specially appointed by the Government under section 541 of the 3[Code of Criminal Procedure, 1898]; or
(c) any place which has been declared by the Government, by general or special order, to be a subsidiary jail:
(2) “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:
(3) “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 4[Code of Criminal Procedure, 1898], or under the 5[Prisoners Act, 1900]:
(4) “civil prisoner” means any prisoner who is not a criminal prisoner:
(5) “remission system” means the rules for the time being in force regulating the award of marks to, and the consequent shortening of sentences of, prisoners in jails:
(6) “history-ticket” means the ticket exhibiting such information as is required in respect of each prisoner by this Act or the rules thereunder:
(7) “Inspector General” means the Inspector General of Prisons:
(8) “Medical Subordinate” means an Assistant Surgeon, Apothecary or qualified Hospital Assistant: and
(9) “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.
CHAPTER II
MAINTENANCE AND OFFICERS OF PRISONS
7. Whenever it appears to the Inspector General that 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 whenever from the outbreak of epidemic disease within any prison, or for any other reason, it is desirable to provide for the temporary shelter and safe custody of any prisoners,
provision shall be made, by such officer and in such manner as the Government may direct, for the shelter and safe custody in temporary prisons of so many of the prisoners as cannot be conveniently or safely kept in the prison.
CHAPTER III
DUTIES OF OFFICERS
Generally
Superintendent
12. The Superintendent shall keep, or cause to be kept, the following records:-
(1) a register of prisoners admitted;
(2) a book showing when each prisoner is to be released;
(3) a punishment-book for the entry of the punishments inflicted on prisoners for prison-offences;
(4) a visitors’ book for the entry of any observations made by the visitors touching any matters connected with the administration of the prison;
(5) a record of the money and other articles taken from prisoners;
and all such other records as may be prescribed by rules under section 59.
Medical Officer
14. Whenever the Medical Officer has reason to believe that the mind of a prisoner is, or is likely to be, injuriously affected by the discipline or treatment to which he is subjected, the Medical Officer shall report the case in writing to the Superintendent, together with such observations as he may think proper.
This report, with the orders of the Superintendent thereon, shall forthwith be sent to the Inspector General for information.
15. On the death of any prisoner, the Medical Officer shall forthwith record in a register the following particulars, so far as they can be ascertained, namely:-
(1) the day on which the deceased first complained of illness or was observed to be ill,
(2) the labour, if any, on which he was engaged on that day,
(3) the scale of his diet on that day,
(4) the day on which he was admitted to hospital,
(5) the day on which the Medical Officer was first informed of the illness,
(6) the nature of the disease,
(7) when the deceased was last seen before his death by the Medical Officer or Medical Subordinate,
(8) when the prisoner died, and
(9) (in cases where a post-mortem examination is made) an account of the appearances after death,
together with any special remarks that appear to the Medical Officer to be required.
Jailer
16. (1) The Jailer shall reside in the prison, unless the Superintendent permits him in writing to reside elsewhere.
(2) The Jailer shall not, without the Inspector General’s sanction in writing, be concerned in any other employment.
Subordinate Officers
CHAPTER IV
ADMISSION, REMOVAL AND DISCHARGE OF PRISONERS
24. (1) Whenever a prisoner is admitted into prison, he shall be searched, and all weapons and prohibited articles shall be taken from him.
(2) Every criminal prisoner shall also, as soon as possible after 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 kept by the Jailer, a record of the state of the prisoner’s health, and 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 fit to add.
(3) In the case of female prisoners the search and examination shall be carried out by the matron under the general or special orders of the Medical Officer.
26. (1) All prisoners, previously to being removed to any other prison, shall be examined by the Medical Officer.
(2) No prisoner shall be removed from one prison to another unless the Medical Officer certifies that the prisoner is free from any illness rendering him unfit for removal.
(3) No prisoner shall be discharged against his will from prison, if labouring under any acute or dangerous distemper, nor until, in the opinion of the Medical Officer, such discharge is safe.
CHAPTER V
DISCIPLINE OF PRISONERS
27. The requisitions 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 manner as to prevent their seeing, or conversing or holding any intercourse with, the male prisoners:
(2) 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 puberty from those who have not:
(3) unconvicted criminal prisoners shall be kept apart from convicted criminal prisoners: and
(4) civil prisoners shall be kept apart from criminal prisoners.
30. (1) Every prisoner under sentence of death shall, immediately on his arrival in the prison after sentence, be searched by, or by order of, the Jailer and all articles shall be taken from him which the Jailer deems it dangerous or inexpedient to leave in his possession.
(2) Every such prisoner 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.
CHAPTER VI
FOOD, CLOTHING AND BEDDING OF CIVIL AND UNCONVICTED CRIMINAL PRISONERS
33. (1) Every civil prisoner and unconvicted criminal prisoner unable to provide himself with sufficient clothing and bedding shall be supplied by the Superintendent with such clothing and bedding as may be necessary.
(2) When any civil prisoner has been committed to prison in execution of a decree in favour of a private person, such person, or his representative, shall, within forty-eight hours after the receipt by him of a demand in writing, pay to the Superintendent the cost of the clothing and bedding so supplied to the prisoner; and in default of such payment the prisoner may be released.
CHAPTER VII
EMPLOYMENT OF PRISONERS
35. (1) No criminal prisoner sentenced to labour or employed on labour at his own desire shall, except on an emergency with the sanction in writing of the Superintendent, be kept to labour for more than nine hours in any one day.
(2) The Medical Officer shall from time to time examine the labouring 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 prisoner at the time.
(3) When the Medical Officer is of opinion that the health of any prisoner suffers from employment on 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.
CHAPTER VIII
HEALTH OF PRISONERS
CHAPTER IX
VISITS TO PRISONERS
41. (1) The Jailer may demand the name and address of any visitor to a prisoner, and, when the Jailer 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 Jailer may deny him admission; and the grounds of such proceeding, with the particulars thereof, shall be entered in such record as the Government may direct.
CHAPTER X
OFFENCES IN RELATION TO PRISONS
42. Whoever, contrary to any rule under section 59 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 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 preson,
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 two hundred Taka or to both.
CHAPTER XI
PRISON-OFFENCES
45. The following acts are declared to be prison-offences when committed by a prisoner:-
(1) such wilful disobedience to any regulation of the prison as shall have been declared by rules made under section 59 to be a prison-offence;
(2) any assault or use of criminal force;
(3) the use of insulting or threatening language;
(4) immoral or indecent or disorderly behaviour;
(5) wilfully disabling himself from labour;
(6) contumaciously refusing to work;
(7) filing, cutting, altering or removing handcuffs, fetters or bars without due authority;
(8) wilful idleness or negligence at work by any prisoner sentenced to rigorous imprisonment;
(9) wilful mismanagement of work by any prisoner sentenced to rigorous imprisonment;
(10) wilful damage to prison-property;
(11) tampering with or defacing history-tickets, records or documents;
(12) receiving, possessing or transferring any prohibited article;
(13) feigning illness;
(14) wilfully bringing a false accusation against any officer or prisoner;
(15) omitting or refusing to report, as soon as it comes to his knowledge, the occurrence of any fire, any plot or conspiracy, and escape, attempt or preparation to escape, and any attack or preparation for attack upon any prisoner or prison-official; and
(16) conspiring to escape, or to assist in escaping or to commit any other of the offences aforesaid.
46. The Superintendent may examine any person touching any such offence, and determine thereupon, and punish such offence by –
(1) a formal warning:
Explanation.-A formal warning shall mean a warning personally addressed to a prisoner by the Superintendent and recorded in the punishment-book and on the prisoner’s history-ticket;
(2) change of labour to some more irksome or severe form for such period as may be prescribed by rules made by the Government;
(3) hard labour for a period not exceeding seven days in the case of convicted criminal prisoners not sentenced to rigorous imprisonment;
(4) such loss of privileges admissible under the remission system for the time being in force as may be prescribed by rules made by the Government;
(5) the substitution of gunny or other coarse fabric for clothing of other material, not being woollen, for a period which shall not exceed three months;
(6) imposition of handcuffs of such pattern and weight, in such manner and for such period, as may be prescribed by rules made by the Government;
(7) imposition of fetters of such pattern and weight, in such manner and for such period, as may be prescribed by rules made by the Government;
(8) separate confinement for any period not exceeding three months:
Explanation.-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 not less than one hour’s exercise per diem and to have his meals in association with one or more other prisoners;
(9) penal diet,- that is, restriction of diet in such manner and subject to such conditions regarding labour as may be prescribed by the Government:
Provided that such restriction of diet shall in no case be applied to a prisoner for more than ninety-six consecutive hours, and shall not be repeated except for a fresh offence not until after an interval of one week;
(10) cellular confinement for any period not exceeding fourteen days:
Provided that after each period of cellular confinement an interval of not less duration than such period must elapse before the prisoner is again sentenced to cellular or solitary 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;
(11) penal diet as defined in clause (9) combined with cellular confinement;
(12) whipping, provided that the number of stripes shall not exceed thirty:
Provided that nothing in this section shall render any female or civil prisoner liable to the imposition of any form of handcuffs or fetters, or to whipping.
47. (1) Any two of the punishments enumerated in the last foregoing section may be awarded for any such offence in combination, subject to the following exceptions, namely:-
(1) formal warning shall not be combined with any other punishment except loss of privileges under clause (4) of that section;
(2) penal diet shall not be combined with change of labour under clause (2) of that section, nor shall any additional period of penal diet awarded singly be combined with any period of penal diet awarded in combination with cellular confinement;
(3) cellular confinement shall not be combined with separate confinement, so as to prolong the total period of seclusion to which the prisoner shall be liable;
(4) whipping shall not be combined with any other form of punishment except cellular and separate confinement and loss of privileges admissible under the remission system;
(5) no punishment will be combined with any other punishment in contravention of rules made by the Government.
(2) No punishment shall be awarded for any such offence so as to combine, with the punishment awarded for any other such offence, two of the punishments which may not be awarded in combination for any such offence.
48. (1) The Superintendent shall have power to award any of the punishments enumerated in the two last foregoing sections, subject, in the case of separate confinement for a period exceeding one month, to the previous confirmation of the Inspector General.
(2) No officer subordinate to the Superintendent shall have power to award any punishment whatever.
50. (1) No punishment of penal diet, either singly or in combination, or of whipping, or of change of labour under section 46, clause (2), shall be executed until the prisoner to whom such punishment has been awarded has been examined by the Medical Officer, who, if he considers the prisoner fit to undergo the punishment, shall certify accordingly in the appropriate column of the punishment-book prescribed in section 12.
(2) If he considers the prisoner unfit to undergo the punishment, he shall in like manner record his opinion in writing and shall state whether the prisoner is absolutely unfit for punishment of the kind awarded, or whether he considers any modification necessary.
(3) In the latter case he shall state what extent of punishment he thinks the prisoner can undergo without injury to his health.
51. (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 the witnesses proving the offence shall be recorded, and, in the case of offences for which whipping is awarded, the Superintendent shall record the substance of the evidence of the witnesses, the defence of the prisoner, and the finding with the reasons therefor.
(3) Against the entries relating to each punishment the Jailer and Superintendent shall affix their initials as evidence of the correctness of the entries.
52. 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 Superintendent, is not adequately punishable by the infliction of any punishment which he has power under this Act to award, the Superintendent may forward such prisoner to the Court of the District Magistrate or of any Magistrate of the first class having jurisdiction, together with a statement of the circumstances, and such Magistrate shall thereupon inquire into and try the charge 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 46:
Provided that any such case may be transferred for inquiry and trial by the District Magistrate to any Magistrate of the first class: and
Provided also that no person shall be punished twice for the same offence.
53. (1) No punishment of whipping shall be inflicted in installments, or except in the presence of the Superintendent and Medical Officer or Medical Subordinate.
(2) Whipping shall be inflicted with a light ratan not less than half an inch in diameter on the buttocks, and in case of prisoners under the age of sixteen it shall be inflicted, in the way of school discipline, with a lighter ratan.
54. (1) Every Jailer or officer of a prison subordinate to him who shall be guilty of any violation of duty or wilful 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 without having given previous notice in writing of his intention for the period of two months, or who shall wilfully 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 be liable, on conviction before a Magistrate, to fine not exceeding two hundred Taka, or to imprisonment for a period not exceeding three months, or to both.
(2) No person shall under this section be punished twice for the same offence.
CHAPTER XII
MISCELLANEOUS
57. (1) Prisoners under sentence of transportation may, subject to any rules made under section 59, be confined in fetters for the first three months after admission to prison.
(2) Should the Superintendent consider it necessary, either for the safe custody of the prisoner himself or for any other reason, that fetters should be retained on any such prisoner for more than three months, he shall apply to the Inspector General for sanction to their retention for the period for which he considers their retention necessary, and the Inspector General may sanction such retention accordingly.
59. The Government may make rules consistent with this Act-
(1) defining the acts which shall constitute prison-offences;
(2) determining the classification of prison-offences into serious and minor offences;
(3) fixing the punishments admissible under this Act which shall be awardable for commission of prison-offences or classes thereof;
(4) declaring the circumstances in which acts constituting both a prison-offence and an offence under the 11[Penal Code] may or may not be dealt with as a prison-offence;
(5) for the award of marks and the shortening of sentences;
(6) regulating the use of arms against any prisoner or body of prisoners in the case of an outbreak or attempt to escape;
(7) defining the circumstances and regulating the conditions under which prisoners in danger of death may be released;
(8) for the classification of prisons, and description and construction of wards, cells and other places of detention;
(9) for the regulation by numbers, length or character of sentences, or otherwise, of the prisoners to be confined in each class of prisons;
(10) for the government of prisons and for the appointment of all officers appointed under this Act;
(11) as to the food, bedding and clothing of criminal prisoners and of civil prisoners maintained otherwise than at their own cost;
(12) for the employment, instruction and control of convicts within or without prisons;
(13) for defining articles the introduction or removal of which into or out of prisons without due authority is prohibited;
(14) for classifying and prescribing the forms of labour and regulating the periods of rest from labour;
(15) for regulating the disposal of the proceeds of the employment of prisoners;
(16) for regulating the confinement in fetters of prisoners sentenced to transportation;
(17) for the classification and the separation of prisoners;
(18) for regulating the confinement of convicted criminal prisoners under section 28;
(19) for the preparation and maintenance of history-tickets;
(20) for the selection and appointment of prisoners as officers of prisons;
(21) for rewards for good conduct;
(22) for regulating the transfer of prisoners whose term of transportation or imprisonment is about to expire
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(23) for the treatment, transfer and disposal of criminal lunatics or recovered criminal lunatics confined in prisons;
(24) for regulating the transmission of appeals and petitions from prisoners and their communications with their friends;
(25) for the appointment and guidance of visitors of prisons;
(26) for extending any or all the provisions of this Act and of the rules thereunder to subsidiary jails or special places of confinement appointed under section 541 of the 13[Code of Criminal Procedure, 1898,] and to the officers employed, and the prisoners confined, therein;
(27) in regard to the admission, custody, employment, dieting, treatment and release of prisoners; and
(28) generally for carrying into effect the purposes of this Act.
1
Throughout this Act, except otherwise provided, the words “Bangladesh” and “Government” were substituted, for the words “Pakistan” and “Provincial Government” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
2
Sub-section (4) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
3
The words, comma and figure “Code of Criminal Procedure, 1898” were substituted, for the words, comma and figure “Code of Criminal Procedure, 1882” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
4
The words, comma and figure “Code of Criminal Procedure, 1898” were substituted, for the words, comma and figure “Code of Criminal Procedure, 1882” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
5
The words, comma and figure “Prisoners Act, 1900” were substituted, for the words, comma and figure “Prisoners Act, 1871” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
6
The words and comma “Bangladesh, who” were substituted, for the words and comma “subject to each Provincial Government, and” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
7
The words “subject to the orders of the Provincial Government” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
8
The word “the” was substituted, for the word “such” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
9
The words “Penal Code” were substituted, for the words “Pakistan Penal Code” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
10
The words “in Bengali” were substituted, for the words “the vernacular” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
11
The words “Penal Code” were substituted, for the words “Pakistan Penal Code” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
12
The words and commas “subject, however, to the consent of the Provincial Government of any other province to which a prisoner is to be transferred” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
13
The words, commas and figure “Code of Criminal Procedure, 1898,” were substituted, for the words, commas and figure “Code of Criminal Procedure, 1882,” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
14
The word “Bengali” was substituted, for the words “the vernacular” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)