Section 42 in The Prisons Act, 1894
Title: Penalty for introduction or removal of prohibited articles into or from prison and communication with prisoners.
Whoever, contrary to any rule under section 1 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 prison,
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 rupees, or to both.
1 Subs. by the A. O, 1937, for "60".
Title: Power to arrest for offence under section.
When any person, in the presence of any officer of a prison, commits any offence specified in the last foregoing section, and refuses on demand of such officer to state his name and residence, or gives a name or residence which such officer knows, or has reason to believe, to be false, such officer may arrest him, and shall without unnecessary delay make him over to a Police-officer, and thereupon such Police-officer shall proceed as if the offence had been committed in his presence.
Title: Publication of penalties.
The Superintendent shall cause to be affixed, in a conspicuous place outside the prison, a notice in English and the Vernacular setting forth the acts prohibited under section 42 and the penalties incurred by their commission.
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) filling, 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, any 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.
Title: Punishment of such offences.
146. Punishment of such offences.--The Superintendent may examine any person to 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 2[for such period as may be prescribed by rules made by the 3[State 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 3[State 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 3[State 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 3[State Government] ;
(8) separate confinement for any period not exceeding 4[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 State 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 nor 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 ;
5* * * * *
6[(11)] penal diet as defined in clause (9) combined with 7[cellular] confinement 8***;
6[(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.
Amendment of section 46 of Act 9 of 1894.--(1) In Section 46 of the Principal Act, clause (12) and the words "or to whipping" appearing in the proviso to the said section shall be omitted and a full stop shall be substituted for the comma appearing after the word "fetter" in the said proviso.
(2) In section 46 of the Principal Act, add the following clauses after clause (11), namely: --
" (12) forfeiture of class, grade, or prison privileges for a period not exceeding three months;
(13) permanent or temporary reduction from a higher to a lower class or grade".
[Vide Assam Act 12 of 1956, s. 2.]
Amendment of section 46 (Act 9 of 1894).--In section 46 of the said Act—
(i) in clause (4) for the words the remission system the words the remission or furlough system shall be substituted;
(ii) clause (5) shall be omitted.
[Vide the Orissa Act 29 of 1958, s. 3].
Amendment of section 46 (Act 9 of 1894).--In section 46 of the Prisons Act, 1894 (9 of 1894), after clause (4) the following new clause shall be inserted, namely:--
(4-a) temporary forfeiture of class, grade or prison-privileges or temporary or permanent reduction from a higher to a lower class or grade.
[Vide the Orissa Act 23 of 1956, s. 2]
1. For rules issued with reference to clauses (4), (6) and (7) of section 46 see Gazette of India, 1923, Pt. 1, p. 1751.
2. Added by Act 17 of 1925, s. 2.
3. Subs. by the A. O. 1937, for "G. G. in C."
4. Subs. by Act 17 of 1925, s. 2, for "six".
5. Clause (11) omitted by Act 17 of 1925, s. 2.
6. Clauses (12) and (13) renumbered as clauses (11) and (12) respectively by s. 2, ibid.
7. Subs. by s. 2, ibid., for "solitary."
8. The words "as defined in clause (11)" omitted by s. 2, ibid.