The Rajasthan Prisons Act, 2023

1. (1) This Act may be called the Rajasthan Prisons Act, 2023.
2. (2) It extends to the whole of the State of Rajasthan.
3. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

1. (1) In this Act, unless the context otherwise requires,-
   • (a) means any prisoner who is not a criminal prisoner;
   • (b) mpetent authority as declared by the Government;
   • (e) detenue means any person detained in prison on the orders of the competent authority under the relevant preventive laws and includes a person detained in prison under the provisions of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974);
   • (f) Prisons and includes Additional Director General of Prisons;
     • • propensity towards violence, escape, self-harm, disorderly behaviour, and likely to create unrest in the prison and threat to public order and includes persons intermittently suffering from suicidal tendencies and persons with substance-related and addictive disorders leading to intermittent violent behaviour; by the general or special orders of the Government to be a medical officer; assistant as appointed by the Government; from the prison under rules for the time being in force; temporarily under the general or special order of the Government for the detention of prisoners and includes all lands and buildings appurtenant thereto but does not include-
     • (i) any place for the confinement of the prisoner who are exclusively in the custody of the police;
     • (ii) any place specially declared by the Government under section 417 of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974); or
     • (iii) any place, which has been declared by the Government by general or special order, to be a special prison.
   • (n) duly committed to prison custody by a court or authority exercising civil, criminal or revenue jurisdiction, or by a court martial, and includes a person detained in prison under the provisions of Chapter VIII of the Code of Criminal Procedure, 1973, (Central Act No. 2 of 1974) or under any other law;
   • (o) or removal of which into or out of a prison is prohibited by any rule under this Act; Competent Authority under this Act;
   • (q) in force regulating the award of marks to, and the consequent shortening of sentences of, prisoners in prison; (r)
   • (s) by the Government to be in charge of a prison with such designation as it may specify; and
   • (t) is remanded to judicial custody during inquiry or trial.
2. (2) Words and expressions used herein and not defined but defined in the Indian Penal Code,1860 (Central Act No. 45 to 1860), the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974) and the Rajasthan General Clauses Act, 1955 (Act No. 8 of 1955) shall have the meanings respectively assigned to them in those Code/Acts.

The Government shall provide, for the prisoners in its territory, 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 or may also set up such other prisons at such place as it may consider expedient and may in cases set up temporary or special prison.

Whenever it appears to the Director General that,-

1. (a) 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
2. (b) 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 prisoner; provision shall be made, by such officer and in such manner as the Government may direct, for the shelter and safe custody in temporary prisons of so many of the prisoners as cannot conveniently or safely be kept in the prison.

1. (1) The requisitions of this Act with respect to the separation of prisoners are as follows:-
   • (a) there shall be separate annexes or wards in the prison for prisoners belonging to different gender;
   • (b) under trial prisoners and convicted criminal prisoners shall be kept separately from each other;
   • (c) civil prisoners shall be kept apart from criminal prisoners; and
   • (d) detenues shall be kept apart from all other prisoners.
2. (2) There shall be separate annexes or wards in the prison for the following categories of prisoners:-
   • (a) hardened or high-risk prisoners;
   • (b) prisoners suffering from infectious/contagious diseases;
   • (c) prisoners addicted to drugs; and
   • (d) persons courting arrest during non-violent socio-political and economic agitation for a declared public cause.

6. Open camps.- The Government shall establish open camps at places, where necessary, for convicted criminal prisoners having eligibility, as may be prescribed, for serving their sentence in more reformative and rehabilitative atmosphere.

7. Temporary work camps.- The Government may, subject to requirements of security, establish temporary work camps for convicted criminal prisoners sentenced to less than three years of rigorous imprisonment with or without fine, where such of those willing to work under conditions as may be prescribed by rules, may be transferred to serve their sentence.

1. (1) The Government shall appoint a Director General, who shall exercise general control and superintendence of all prisons situated in the State.
2. (2) The Government may also, by notification, appoint Inspector/Deputy Inspector General of Prisons to assist the Director General in exercising powers and performing the functions of Director General under this Act.

9. Officers of the Prison.- For every prison there shall be a Superintendent, Medical Officer, Medical Subordinate, Jailor, Welfare Officer and custodial, medical, correctional, technical, ministerial, educational and supporting staff as the Government thinks necessary depending upon the category of prison, and the number and nature of prisoners confined therein.

10. Control and duties of officers of prisons.- All officers of a prison shall obey the directions of the Superintendent and all officers subordinate to the Jailor shall perform such duties as may be imposed on them by the Jailor with the sanction of the Superintendent or as may be prescribed by rules.

11. Officers not to have business dealings with prisoners.- No officer of a prison shall sell or let, nor shall any person in trust or employed by him sell or let, or derive any benefit from selling or letting, any article to any prisoner or have any money or other business dealings, directly or indirectly, with any prisoner.

12. Officers not to be interested in prison-contracts.- No officer of a prison, nor any person in trust for or employed by him, shall have any interest, direct or indirect, in any contract for the supply to the prison nor shall he derive any benefit, directly or indirectly, from the sale or purchase of any article on behalf of the prison or belonging to a prisoner.

1. (1) Subject to the orders of the Director General, the Superintendent shall manage the prison in all matters relating to discipline, labour, expenditure, punishment and control.
2. (2) The Superintendent shall reside in the prison premises unless the Director General permits him in writing to reside elsewhere.

The Superintendent shall keep, or cause to be kept, the following records:-

1. (a) a register of prisoners admitted;
2. (b) a book showing when each prisoner is to be released;
3. (c) a punishment book for the entry of the punishments inflicted on prisoners for prison-offences;
4. (d) a visitors book for the entry of any observation made by the visitors touching any matters connected with the administration of the prison; and
5. (e) other records as may be prescribed by rules.

15. Duties of Medical Officer.- Subject to the control of the Superintendent, the Medical Officer shall have charge of the administration of preventive, curative and general hygiene and medical services in the prison and shall perform such duties as may be prescribed by rules.

16. Medical Officer to report in certain cases.- Whenever the Medical Officer has reason to believe that the body or mind of a prisoner is, or is likely to be, injuriously affected by the discipline or treatment to which he is subjected, the Medical Officer shall report the case in writing to the Superintendent, together with such observations as he may think proper.

बंदी की मृत्यु पर रिपोर्ट

1. (1) On the death of any prisoner, the Medical Officer shall forthwith maintain the record of the following particulars, so far as they can be ascertained, namely:-
   • (a) the day on which the deceased first complained of illness or injury or was observed to be ill or injured;
   • (b) the labour, if any, on which he was engaged on that day;
   • (c) the scale of his diet on that day;
   • (d) the day on which he was admitted to hospital;
   • (e) the day on which the Medical Officer was first informed of the illness or injury;
   • (f) the nature of the disease and/or injury;
   • (g) when the deceased was last seen before his death by the Medical Officer or Medical Subordinate;
   • (h) when the prisoner died; and
     • (i) an account of the appearances of the body after death, together with any special remarks that appear to the Medical Officer to be required.
2. (2) In every case of death of a prisoner the intimation of death shall be given by the Superintendent to the Government, National Human Rights Commission, Rajasthan State Human Rights Commission, the Director General of Prisons, the District Magistrate, concerned police station and family or a next of kin of the prisoner and in case of a prisoner being a foreign national to the concerned embassy or high commission also, within twenty four hours of death of a prisoner.
3. (3) The death of any prisoner, which is a custodial death, shall be handled as per the procedure laid down in the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974), and the guidelines issued by the National Human Rights Commission from time to time.

1. (1) The Jailor shall reside within the premises of prison, unless the Superintendent permits them in writing to reside elsewhere.
2. (2) Upon the death of a prisoner, the Jailor shall report immediately to the Superintendent and the Medical Officer or Medical Subordinate.
3. (3) The Jailor shall be responsible for the safe custody of the records for the commitment warrants and all other documents confided to his care, and for the money and other articles taken from prisoners.
4. (4) The Jailor shall be responsible for the observance of the rights of prisoners. Any violation in this respect that comes to his notice shall be immediately reported in writing by him to the Superintendent.
5. (5) The Jailor shall not be absent from the prison premises for a night without permission in writing from the Superintendent, but if absent without leave for a night owing to unavoidable reasons, he shall immediately report the fact and the cause of absence to the Superintendent.
6. (6) Where a Deputy Jailor is appointed to a prison, he shall, subject to the orders of the Superintendent, be competent to perform any of the duties, and be subject to all the responsibilities of a Jailor under this Act or any rule thereunder.

19. Duties of Gate-Head Warder.- The officer acting as Gate-Head Warder, or any other officer of the prison present there, shall examine anything carried in or out of the prison, and may stop and search or cause to be searched any person suspected of bringing any prohibited article into or out of the prison, or of carrying out any property belonging to the prison, and, if any such article or property be found, shall inform thereof to the Jailor.

20. Officer Incharge of prison to detain persons committed to their custody.- The officer incharge of a prison shall receive and detain all persons duly committed to his custody under this Act or otherwise by any court according to the exigency of any writ, warrant or order by which such person has been committed or until such person is discharged or released in due course of law.

(1) Whenever a prisoner is admitted in prison, he shall be searched thoroughly in the presence of the Jailor on duty who will satisfy himself of the search conducted by duty Head Warder or Warder and all prohibited articles shall be taken from him:

Provided that in the case of women prisoners the search and examination shall be carried out by lady staff:

Provided further that prisoners identifying themselves as transgender shall be searched by a person of their preferred gender.

1. (2) Every prisoner shall also, as soon as possible after admission, be examined under the general or special orders of the Medical Officer, who shall enter or cause to be entered in a book, to be kept by the Jailor, a record of the state of the prisoner's health, and of any wounds or marks on his person, the class of labour he is fit for if sentenced to rigorous imprisonment, and any observations which the Medical Officer thinks fit to add.
2. (3) The admission record of such prisoners shall also contain the background information received from the police about the prisoner, together with the photograph. The admission record shall be maintained in such form and manner as may be prescribed by rules.

1. (1) All prisoners, prior to being transferred to any other prison, shall be examined by the Medical Officer.
2. (2) No prisoner shall be transferred from one prison to another unless the Medical Officer certifies that the prisoner is free from any illness rendering him unfit for transfer.
3. (3) The Government may, by general or special order, provide for the transfer of any convicted criminal prisoner confined in a prison to any other prison within the State on administrative, medical or humanitarian grounds which shall be recorded.

The Government may, with the consent of the Government of another State or Union

मृत्यु दंड के अधीन का बंदी

1. (1) Every prisoner under sentence of death shall, immediately on his arrival in the prison, be searched by or by order of the Jailor and all articles shall be taken from him, whichthe Jailor deems it dangerous or inexpedient to leave in his possession.
2. (2) Every such prisoner shall be confined in a cell away from all other prisoners, and shall be placed by day and by night under the charge of a guard.

The convicted criminal prisoners except prisoners under sentence of death may be confined either in association or individually in cells or partly in one way and partly in the other.

No cell shall be used for solitary confinement unless it is furnished with the means of enabling the prisoner to communicate at any time with an officer of the prison, and every prisoner so confined in a cell for more than twenty-four hours, whether as a punishment or otherwise, shall be visited at least once a day by the Medical Officer or Medical Subordinate.

On admission, all prisoners shall be informed of disciplinary requirements in the prison and their rights and duties in language comprehensible to them.

कारागार-अपराध The following acts are declared to be prison offences when committed by a prisoner:-

1. (I) Minor offences,-

1. (a) any act or omission or wilful disobedience to any regulation of the prison as have been declared by rules made under this Act;
2. (b) doing or omitting to do any act with intent to cause to oneself any illness, injury or disability and wilfully disabling himself from labour;
3. (c) failing to assist in the maintenance of prison discipline;
4. (d) quarrelling with other prisoners;
5. (e) failing to report at once any loss, breakage or injury, which the prisoner may accidentally have caused, to
6. (f) refusing to eat food or going on a hunger strike;
7. (g) wilfully or negligently destroying or spoiling food or throwing it away without orders;
8. (h) violating rules and regulations framed for the systematic running of the canteen; and
   • (i) being idle, careless or negligent at work, refusing to work, malingering and disturbing other prisoners, at work, or in barracks;
   • (II) Major Offences,-
9. (a) any act or omission or wilful disobedience to any regulation of the prison as have been declared by rules made under this Act;
10. (b) endangering the security of the prison in any way, by a wilful or negligent act and shall include tampering in any way with prison walls, building, bars, locks and keys, lamps or lights or with any other security and custody measure;
11. (c) planning, instigating or abetting, directly or indirectly, the commission of any major prison offence;
12. (d) failing to give assistance to a prison official when called to do so, in pursuance of any lawful and bonafide activity;
13. (e) attacking, assaulting, and causing injuries to others;
14. (f) participating in a riot or mutiny, abetting another prisoner to do the same;
15. (g) escaping or attempting to escape from prison or legal custody;
16. (h) possessing, hiding, smuggling, attempting to smuggle, obtaining, giving or receiving and bartering contraband articles;
    • (i) stealing or damaging or destroying or disfiguring or misappropriating any prison property or prisoner articles and property;
17. (j) tampering with or defacing identity cards, records or documents;
18. (k) breach of the condition of leave and emergency release;
19. (l) introducing into food or drink anything likely to render it unpalatable, unwholesome, or dangerous for human consumption;
20. (m) manufacturing any article without the knowledge or permission of officers of the prison;
21. (n) wilfully hurting other's religious feelings, beliefs and faiths;
22. (o) agitating or acting on the basis of caste or religious prejudices;
23. (p) participating in, or organising, unauthorised activities like gambling and betting;
24. (q) using indecent, abusive, insolent, threatening of improper language; and
25. (r) failing to assist, or preventing other person from assisting prison officials in suppressing violence, assault, riot, mutiny, attack, gross personal violence or any other emergencies.