Section 47 in The Prisons Act, 1894
Title: Plurality of punishments under section 46.
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.]
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.]
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.
(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.
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.
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.
(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.
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.]
Title: Entries in punishment-books.
(1) In the punishment-book prescribed in section 12 there shall be recorded, in respect of every punishment inflicted, the prisoner's name, register number and the class (whether habitual or not) to which he belongs, the prison-offence of which he was guilty, the date on which such prison-offence was committed, the number of previous prison-offences recorded against the prisoner, and the date of his last prison-offence, the punishment awarded, and the date of infliction.
(2) In the case of every serious prison-offence, the names of the witnesses proving the offence shall be recorded, and, in the case of offences for which whipping is awarded, the Superintendent shall record the substance of the evidence of the witnesses, the defence of the prisoner, and the finding with the reasons therefor.
(3) Against the entries relating to each punishment the Jailor and Superintendent shall affix their initials as evidence of the correctness of the entries.
Amendment of Section 51 of Act 9 of 1894.--.In sub-section (2) of Section 51 of the Principal Act the words “in the words “in the cases of offences for which whipping is awarded” and the commas before this words and thereafter shall be omitted.
[Vide Assam Act 12 of 1956, s. 5.]
If any prisoner is guilty of any offence against prison-discipline which, by reason of his having frequently committed such offences or otherwise, in the opinion of the Superintendent, is not adequately punishable by the infliction of any punishment which he has power under this Act to award, the Superintendent may forward such prisoner to the Court of the District Magistrate or of any Magistrate of the first class 1[or Presidency Magistrate] having jurisdiction, together with a statement of the circumstances, and such Magistrate shall thereupon inquire into and try the charge so brought against the prisoner, and, upon conviction, may sentence him to imprisonment which may extend to one year, such term to be in addition to any term for which such prisoner was undergoing imprisonment when he committed such offence, or may sentence him to any of the punishments enumerated in section 46
2[Provided that any such case may be transferred for inquiry and trial by the District Magistrate to any Magistrate of the first class and by a Chief Presidency Magistrate to any other Presidency Magistrate : and]
Provided also that no person shall be punished twice for the same offence.
1 . Ins. by Act 13 of 1910, s. 2.
2. Subs. by s. 2, ibid., for the proviso.