Punishment for possessing or using wired or wireless communication device or its components

(1) Notwithstanding anything contained in this Act, whoever, being a prisoner or a visitor or a prison officer or prison staff, in contravention of any provisions of this Act or rules made thereunder, is found guilty of possessing, operating or using a wired or wireless communication device or its components like sim card, memory card, battery or charger or headphone or dongle or any other component of such a device or if the prisoner or any other person assists or abets or instigates in the supply thereof, shall be punished on first conviction with imprisonment of either description for a term which shall not be less than one year but which may extend to three years, and shall also be liable to fine which may extend to one lakh rupees; and be punished on second or subsequent conviction with imprisonment of either description for a term which shall not be less than three years but which may extend to five years, and shall also be liable to fine which may extend to five lakh rupees. (2) If the prisoner is found using the wired or wireless communication device for attempting, abetting, conspiring or committing an offence inside or outside the jail premises and as a consequence thereof an offence is committed, he shall be punished with imprisonment provided in the Bharatiya Nyaya Sanhita, 2023 for the offence so committed. (3) The prisoner shall undergo the sentence awarded under sub-section (1) on completion of any sentence if already undergoing. (4) The offences mentioned in sub-section (1) above, shall be cognizable and non-bailable.