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SCHEDULE

FORM OF SENTENCE.

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(Referred to in Section. 73.) Be it remembered that, on the

day of in the year of our Lord

before me ( ). magistrate of police in and for the Town of Madras (

) C.D. is (convicted or acquitted) on a charge of (here specify the alleged offence and the time and place when and where the same was committed, as the case may be, and the Section of the Penal Code, or of the Police Act under which the charge was dealt with); and I adjudge the said C. D. (here state that the prisoner is to be discharged, or the punishment he is to suffer, as the case may be).

(Signed.)

A. D. 1869. ACT V.

An Act for the regulation of Jails within the Presidency of

Fort Saint George, and for the enforcement of discipline therein.

Passed on the 2ná November 1869. WHEREAS is expedient that the laws relating to the re: Preamble. gulation of juils within the Presidency of Fort Saint George, and the maintenance of discipline therein, should be amend. ed and consolidated ; it is enacted as follows :--

I. Regulations X of 1832 and I of 1833 of the Madras Laws repealed. Code ; Section 8 of Act XXIII of 1840 and Act VIII of 1856, so far as they affect the Presidency of Fort Saint George; and so much of Section 26 of Madras Act VIII of 1867 as `refers to any jail or house of correction--are hereby repealed.

II. The Governor of Fort Saint George in Council shall Government to ap appoint such person or persons, as he shall think fit, to in

point a person or

persons to inspect spect and superintend, subject to the orders of the Govern

and superintend

jails, ment, the jails in the said presidenoy, and shall vest in such

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person or persons such authority for the purpose as may

seem proper. Government to make III. The Governor in Council shall from time to time

rules and appoint make such rules as may appear necessary for the supervivisiting Officers.

sion, employment, custody, dieting, and treatment of prisoners, and for the management of jails; and shall from time to time appoint such visiting . officers as may be considered necessary for securing the observance of such rules, and for

the due care of the prisoners. Appointment of jailor. Iy. Under such rule as the Government shall prescribe

in this behalf, there shall, for every jail, be appointed a

jailor. Temporary shelter of V. Whenever it shall appear to the Government that prisoners when jail is over crowded, or the number of prisoners in any jail is greater than can conin case of disease veniently or safely be kept within such jail, or whenever spreading therein.

any epidemic disease may make its appearance within such jail, it shall be lawful for the superintendent of the jail to provide, in such manner as the Government may, by any special or general order, direct, for the temporary shelter and safe custody of such prisoners as may be in excess of the greatest number that can be conveniently or safely kept in the jail, or of prisoners who would be at the risk of suffering from such disease. Prisoners for whom such temporary shelter may be provided, shall be subject to the same rules as if they were within the jail; and such place of temporary shelter shall be deemed to be a jail within the meaning of

this Act. Property of prisoner VI. All property or money in respect whereof no order

to be taken charge of during his im. of a competent court shall have been made, which shall prisonment. be delivered with, or found upon the person of a prisoner

sentenced by a criminal court, when received into a jail, shall, during such prisoner's term of imprisonment, be taken charge of by the superintendent of the jail, under

such rules for the safe custody thereof as the Government Proviso.

shall prescribe. Provided that such officer may, at his discretion, make over such property or money belonging to the

prisoner to whomsoever such prisoner may indicate. Classification of pri VII. Prisoners shall be classified and kept apart and in

separate confinement, in such manner as the Government

soners,

sonera.

shall by rules prescribe. Provided that male prisoners of all classes shall be kept apart from female prisoners ; prisoners committed to the civil jail, from prisoners committed to the criminal jail; and prisoners convicted of offences, from prisoners not convicted. VIII. In any place in which there is no civil jail separ- Power to declare any

part of a criminal ate from the criminal jail, it shall be lawful for the Governor jail to be a placo

for the contine.' in Council to declare any part of the criminal jail to be a

ment of civil priplace for the confinement of persons committed under process of any civil court, or by order of any other court in cases in which the law directs that persons so committed shall be confined in the civil jail.

IX. For the purpose of enabling the superintendents of Superintendents of jails to maintain good order and discipline among prisoners

jails to punish cer

tain offences comconfined in jails or other authorized places of confinement,

mitted by prisoners

on a summary in. and to enforce a due observance of the rules at present in quiry. force, or any that may be made under Section 3 of this Act, they are hereby vested with authority to punish, on a summary inquiry, the offences specified in the following section. X. 1, A contumacious refusal to work by any prisoner Specification of offen.

ces punishable by sentenced to hard labor, and not incapable of bodily labour superintendents of

jails. from age, sickness, or otherwise.

2. Wilful aeglect and indolence in the performance of any prescribed work by a prisoner subject to labour.

3. Wilful disobedience to any of the rules now in force, on that may be prescribed uuder Section 3, for the obseryance of prisoners, and for the internal economy of jails.

4. Refractory behaviour by prisoners; such as resistance to the jailor, guards, and other public officers, in the regular discharge of their proper functions, or abusive language to any such officers.

5. Any other instance of disorderly conduct by a prisoner, such as riot, insurrection, escape, attempt to escape, taking off or looseniag, or attempting to loosen, by filing, cutting, or otherwise, his own irons, or those of other prisoners, with a view to escape ; conspiring with other prisoners for the porpose of insurrection or escape, or for any other criminal purr ose ; and abusing or assaulting another prisoner.

Nature and extent of XI. !. The powers vested in the superintendents of jails punishment for the offences specified. for the punishment of the offences specified in the preceding

section, which, on a summary inquiry, may appear to have been committed by any prisoner, are declared to be as follows:

2. In cases of contumacious refusal to work, or of wilful neglect and indolence in the performance of any prescribed work within the first or second clause of Section 10 of this Act, the superintendent may cause the prisoner to be punished by stripes, not exceeding sixty, with a cat-o'-nine-tails, and, in the iustance of a prisoner pertinaciously refusing to work, may likewise order his diet allowance to be reduced in such degree as may be consistent with his support, until he shall perform the work required from him.

3. The offences specified in the third, fourth, and fifth clauses of the preceding section shall be punishable accord. ing to the nature and circumstances of the case, by stripes with a cat-o'-nine-tails, not exceeding one hundred and fifty stripes, or by separate confinement not exceeding seven days for each offence, or by restriction of diet in the manner pre

scribed by Government." Proviso.

4. Provided always that corporal punishment shall not be inflicted on any male prisoger, unless the medical officer of tho jail shall state in writing that the prisoner can bear it without danger to his general health, and that such corporal punishment shall not be inflicted, except in the presence of the superintendent of the jail; and provided also that corporal punishment shall not be inflioted on any female prisoner, or on any person committed to prison or custody in a

civil jail. Persons employed in XII. All persons employed within any jail, or in keeping

jails to be sobject to rules made by prisoners in custody, shall be subject to such rules as are Government.

now in force, or may hereafter be made by the Government for their good order and discipline, and for regulating communications with prisoners; and it shall be lawful for the Government to affix fines or dismissal as penalties for the breach of any such rules : provided that no such fine shall exceed fifty rupees. Copies of such rules, in English and in the vernacular language of the district in which the jail is

be

situated, shall be exhibited in some place to which all persons employed within the jail, or in keeping prisoners in custody, have access; and the superintendent of the jail shall have authority to punish persons offending against such rules. XIII. The superintendent of the jail shall keep a book Punishments to be

recorded in a book. to be called the “punishment book," in which shall be recorded the prisoner's name, the breach of jail rules, or offence of which he was guilty, the date on which it was committed, the substance of the evidence and conviction, or the opinion of such superintendent, where the facts of the case. may have taken place within his view, the punishment inflicted, and the date. And no person who No further punish

ment for the of. has been punished by such superintendent under the pro fence. visions of this Act, shall be punished in any other way, or by any other authority for the same offence. Provided that nothing in this Act shall be held to prevent the superin- Offender may

committed to the tendent of a jail from committing any prisoner, or person

criminal courts. employed within any jail, or in keeping prisoners in custody, for trial before & magistrate or sessions court, whenever such prisoner or person shall have 'been guilty of an offence for which the punishment authorized to be inflicted under this Act may appear inadequate or inappropriate.

XIV. Whoever takes or attempts to take, or introduces Punishment for takor attempts to introduce, without due permission, into any

ing or attemptiog

to take prohibited jail

, any spirits, or spirituous or fermented liquors, or intoxi articles into jail. cating drugs or preparations, or tobacco, or weapons, or tools of any description, or without such permission communicates or attempts to communicate directly or indirectly, with any prisoner or prisoners confined in any jail, shall be liable, on conviction before a magistrate, to pay a fine not exceeding rupees fifty, or to undergo imprisonment of either description, as defined in the Indian Penal Code, for any term not exceeding two months for each offence.

XV. Whoever, without due permission, conveys or at- Punishment for take tempts to convey to any prisoner or prisoners employed of

iog or attempting

to convey prohibita any work beyond the precincts of any jail, any of the arti

ed Articies to pri

employed cles mentioned in the preceding section, or without such ontside the jail. permission communicates or attempts to communicate, directly or indirectly, with any prisoner or prisoners employed as

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