Section 3 in The Prisons Act, 1894

Title: Definitions

Description: 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. STATE AMENDMENT Orissa.— 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.

Description: 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.

Title: Inspector General.

Description: An Inspector General shall be appointed for the territories subject to each State Government, and shall exercise, subject to the orders of the State Government, the general control and superintendence of all prisons situated in the territories under such Government.

Title: Officers of prisons.

Description: For every prison there shall be a Superintendent, a Medical Officer (who may also be the Superintendent), a Medical Subordinate, a Jailer and such other officers as the State Government thinks necessary : Provided that 1[the State Government of Bombay] may 2*** declare by order in writing that in any prison specified in the order the office of Jailer shall be held by the person appointed to be Superintendent. 1 Subs. by the A. O. 1937, for "the Governor of Bombay in Council". 2. The words "with the previous sanction of the G. G. in C." omitted, ibid.

Title: Temporary accommodation for prisoners.

Description: 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 State 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.