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 be is to suffer, as the case may be). : AN ACT for the regulation of Jails within the Presidency of Fort Saint George, and for the enforcement of discipline therein. Passed on the 2nd November 1869. WHEREAS is expedient that the laws relating to the re- Preamble. I. Regulations X of 1832 and I of 1833 of the Madras Laws repealed. II. The Governor of Fort Saint George in Council shall appoint such person or persons, as he shall think fit, to inspect and superintend, subject to the orders of the Government, the jails in the said presidency, and shall vest in such 12/43 Government to ap point a person or persons to inspect and jails. superintend Government to make visiting officers. person or persons such authority for the purpose as may seem proper. III. The Governor in Council shall from time to time rules and appoint make such rules as may appear necessary for the supervision, 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. Temporary shelter of prisoners when jail is over crowded, or in case of disease spreading therein. Property of prisoner to be taken charge of during his imprisonment. Proviso. IV. Under such rule as the Government shall prescribe in this behalf, there shall, for every jail, be appointed a jailor. V. Whenever it shall appear to the Government that the number of prisoners in any jail is greater than can conveniently or safely be kept within such jail, or whenever 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. VI. All property or money in respect whereof no order of a competent court shall have been made, which shall 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 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, 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 separate from the criminal jail, it shall be lawful for the Governor in Council to declare any part of the criminal jail to be a place 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 jails to maintain good order and discipline among prisoners confined in jails or other authorized places of confinement, and to enforce a due observance of the rules at present in 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 sentenced to hard labor, and not incapable of bodily labour 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, or that may be prescribed under Section 3, for the observance 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 loosening, 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 purpose of insurrection or escape, or for any other criminal pur ose; and abusing or assaulting another prisoner. Power to declare any part of a criminal jail to be a placo for the confinement of civil pri soners. Superintendents of jails to punish certain offences committed by prisoners on a summary inquiry. Specification of offences punishable by superintendents of jails. XI. . The powers vested in the superintendents of jails 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 instance 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 according 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 prescribed by Government." 4. Provided always that corporal punishment shall not be inflicted on any male prisoper, unless the medical officer of the 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 inflicted on any female prisoner, or on any person committed to prison or custody in a civil jail. XII. All persons employed within any jail, or in keeping prisoners in custody, shall be subject to such rules as are 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 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. recorded in a book. ment for the of fence. XIII. The superintendent of the jail shall keep a book Punishments to be 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 punishhas been punished by such superintendent under the provisions 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 tendent of a jail from committing any prisoner, or person employed within any jail, or in keeping prisoners in custody, for trial before a 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 or attempts to introduce, without due permission, into any jail, any spirits, or spirituous or fermented liquors, or intoxicating 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 attempts to convey to any prisoner or prisoners employed of any work beyond the precincts of any jail, any of the articles mentioned in the preceding section, or without such permission communicates or attempts to communicate, directly or indirectly, with any prisoner or prisoners employed as be may committed to the criminal courts, Punishment for taking or attempting to take prohibited articles into jail. Punishment for tak ing or attempting to convey prohibited articles to prisoners employed outside the jail. |