Section 44 in The Specific Relief Act, 1963
[Repeal.] Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 20-12-1974).
Title: Title, extent and commencement.
(1) This Act may be called the Prisons Act, 1894.
1[(2) It extends to the whole of India except 2[the territories which, immediately before the 1st November, 1956, were comprised in Part B States].]"
(3) It shall come into force on the first day of July, 1894.
(4) Nothing in this Act shall apply to civil jails in the 3[State] of Bombay 4[as it existed immediately before the 1st November, 1956] outside the city of Bombay, and those jails shall continue to be administered under the provisions of sections 9 and 16 (both inclusive) of 5Bombay Act 2 of 1874, as amended by subsequent enactments.
1. Subs. by the A. O. 1950, for sub-section (2).
2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for "Part B States".
3. Subs. by the A. O. 1950, for "province" which was subs. by the A O. 1948 for "presidency".
4. Ins. by the Adaptation of Laws (No. 2) Order, 1956.
5. The Civil Jails Act, 1874.
[Repeal.] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and the Schedule.
In this Act
(1) "prison" means any jail or place used permanently or temporarily under the general or special orders of a State 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 State Government under section 541 of the 1Code of Criminal Procedure, 1882 (10 of 1882); or
(c) any place which has been declared by the State 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 1Code of Criminal Procedure, 1882 (10 of 1882), or under the 2Prisoners Act, 1871 (5 of 1871) ;
(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 jail ;
(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.
Amendment of section 3, (9 of 1894).--In section 3 of the Prisons Act, 1894(9 of 1894) (hereinafter referred to as the said Act), for clause (5) the following clauses shall be substituted, namely:--
"(5) "remission system" means the system of regulating the award of marks to, and the consequent shortening the sentences of prisoners in jail in accordance with the rules for the time being in force;
(5a) "furlough system" means the system of releasing prisoners in jail on furlough in accordance with the rules for the time being in force."
[Vide the Orissa Act 29 of 1958, s. 2]
1. See now the Code of Criminal Procedure, 1973 (Act 2 of 1974).
2. See now the Prisoners Act, 1900 (3 of 1900).
Title: Accommodation for prisoners.
The State Government shall provide, for the prisoners in the territories under such Government, accommodation in prisons constructed and regulated in such manner as to comply with the requisitions of this Act in respect of the separation of prisoners.