Section 46 in The Prisons Act, 1894

Title: Punishment of such offences.

Description: 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. STATE AMENDMENT Assam. 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.] Orissa. 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]. Orissa. 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.

Title: Plurality of punishments under section 46.

Description: 1[(1)] Any two of the punishments enumerated in the last foregoing section may be awarded for any such offence in combination, subject to the following exceptions, namely : (1) formal warning shall not be combined with any other punishment except loss of privileges under clause (4) of that section ; (2) penal diet shall not be combined with change of labour under clause (2) of that section, nor shall any additional period of penal diet awarded singly be combined with any period of penal diet awarded in combination with 2[cellular] confinement ; 3[(3) cellular confinement shall not he combined with separate confinement, so as to prolong the total period of seclusion to which the prisoner shall be liable ;] (4) whipping shall not be combined with any other form of punishment except cellular 4[and] separate confinement and loss of privileges admissible under the remission system ; 5[(5) no punishment will be combined with any other punishment in contravention of rules made by the 6[State Government]] 5(2) No punishment shall be awarded for any such offence so as to combine, with the punishment awarded for any other such offence two of the punishment which may not be awarded in combination for any such offence.] STATE AMENDMENT Assam. Amendment of Section 47 of Act IX of 1894.--In sub-section (1) of section 47 of the Principal Act, clause (4) shall be omitted. [Vide Assam Act 12 of 1956, s. 3.] Orissa. Amendment of section 47 (Act 9 of 1894).--In section 47 of the said Act, in clause (4) of sub-section (1) for the words “the remission system” the words “the remission or furlough system” shall be substituted. [Vide the Orissa Act 29 of 1958, s. 4] 1. Section 47 re-numbered as sub-section (1) of section 47, by s. 3, ibid. 2. Subs. by s. 3, ibid., for "solitary". 3. Subs. by s. 3, ibid., for exception (3). 4. Subs. by Act 10 of 1914, s. 2 and the First Schedule, for "or". 5. Added by Act 17 of 1925, s. 3. 6. Subs. by the A.O. 1937, for "G.G. in C.".

Title: Award of punishments under sections 46 and 47.

Description: (1) The Superintendent shall have power to award any of the punishments enumerated in the two last foregoing sections, subject, in the case of separate confinement for a period exceeding one month, to the previous confirmation of the Inspector General. (2) No officer subordinate to the Superintendent shall have power to award any punishment whatever. STATE AMENDMENT Orissa.— Insertion of new section 48-A (Act 9 of 1894).--After section 48 of the said Act, the following new section shall be inserted, namely:-- 48-A. Punishment for breach of conditions of suspension of sentence.--If any prisoner fails without sufficient cause to observe any of the conditions on which his sentence was suspended or remitted or furlough was granted to him, he shall be deemed to have committed a prison offence and the Superintendent may after obtaining his explanation, punish such offence by— (1) a formal warning as provided in clause (1) of section 46; or (2) Reduction in grade if such prisoner has been appointed as an officer of prison; or (3) Loss of privileges admissible under the remission or furlough system; or (4) Loss of such other privileges as the State Government may, by a general or special order direct. [Vide the Orissa Act 29 of 1958. s. 5].

Title: Punishments to be in accordance with foregoing sections.

Description: Except by order of a Court of Justice, no punishment other than the punishments specified in the foregoing sections shall be inflicted on any prisoner, and no punishment shall be inflicted on any prisoner otherwise than in accordance with the provisions of those sections.

Title: Medical Officer to certify to fitness of prisoner for punishment.

Description: (1) No punishment of penal diet, either singly or in combination, or of whipping, or of change of labour under section 46, clause (2), shall be executed until the prisoner to whom such punishment has been awarded has been examined by the Medical Officer, who, if he considers the prisoner fit to undergo the punishment, shall certify accordingly in the appropriate column of the punishment-book prescribed in section 12. (2) If he considers the prisoner unfit to undergo the punishment, he shall in like manner record his opinion in writing and shall state whether the prisoner is absolutely unfit for punishment of the kind awarded, or whether he considers any modification necessary. (3) In the latter case he shall state what extent of punishment he thinks the prisoner can undergo without injury to his health. STATE AMENDMENT Assam. Amendment of Section 50 of Act 9 of 1894.--In sub-section (1) of section 50 of the Principal Act the words and comma “or of whipping,” shall be omitted. [Vide Assam Act 12 of 1956, s. 4.]