Uttarakhand Prisons and Correctional Servies Act, 2024

(1) This Act may be called the Prisons and Correctional Services Act, 2024. (2) It extends to the whole of the state of uttarakhand. (3) It shall come into force on such date as the State Government may, by notification in the official Gazette, appoint.

In this Act, unless, the context otherwise requires: (a) "after-care service" means a service or activity aimed at the rehabilitation of the released prisoner for enabling him to lead life as a dutiful citizen; (b) "civil prisoner" means any prisoner who is not committed to custody under a writ, warrant or order of any officer or authority exercising criminal jurisdiction or by the order of a court martial and who is not a detenu; (c) "convict" means any prisoner under sentence or a fixed term of imprisonment; (d) "correctional service" means a service or program for the assessment, supervision, treatment, training, control and custody of an inmate; (e) "court" includes an officer lawfully exercising the powers of civil, criminal or revenue jurisdiction; (f) "Head quarters" means the headquarters of Prisons and Correctional Services of the State of Uttarakhand; (g) "detenu" means any person detained in prison on the orders of the competent authority under any law providing for preventive detention; (h) "family" means spouse, children, Siblings, parents, grand parents or any other person as may be recognized by the competent authority or under the applicable traditional or religious family system; (i) "foreign prisoner" means any prisoner who is not a citizen of India; (j) "furlough" means short leave granted to certain convicted prisoners, after undergoing prescribed period of sentence, as an incentive for maintaining good conduct. (k) "Government" means the Government of the State of Uttarakhand; (l) "habitual offender" means any prisoner who is committed to prison repeatedly for a crime. (m) "Head of the headquarters of Prisons Administration and Correctional Service Department" means an officer appointed by the Government as head the headquarters, of Prisons Administrative and Correctional Service Department. (n) "high-risk prisoner" means a prisoner with high propensity towards violence, escape, self-harm, recidivism or those engaged in organised crime and terrorist activities. (o) "high security prison" means an independent self-contained unit with dynamic and static security with provision for an heightened surveillance and restricted movement for keeping the prisoners in strict confinement like dangerous prisoners, hardened criminals, habitual offenders, prisoners with high propensity of escape, have the potential of rioting and negatively influencing other inmates, etc; (p) "history ticket" means the ticket, either in physical or electronic form, exhibiting all relevant information in respect of a prisoner. (q) "institution" means a place where prisoners are lawfully confined. (r) "Medical officer" in relation to prisons, means a qualified Government medical practitioner appointed as medical officer of a prison. (s) "Medical subordinate staff" means a qualified medical assistant, such as pharmacist, nurse, lab technician, etc. deputed in a prison. (t) "open correctional institution" means a place for confinement of eligible prisoners on such conditions, as prescribed under the rules, for giving them more liberty outside a regular prison for facilitating their rehabilitation after release. (u) "parole" means temporary release of a convicted prisoner from prison for a fixed time for attending to his family and social needs. (v) "prison" means any place used permanently or temporarily under general or Special orders of the Government for the detention of prisoners and includes all lands and buildings appurtenant thereto, but does not include - (a) any place for the confinement of prisoners which is exclusively in the custody of the police; (b) any place specially appointed by the Government under Section 457 of the Bharatiya Nagarik Suraksha Sanhita, 2023; (c) any place which has been declared by the Government, by general or special order to be a subsidiary jail; (w) "prison officer" means an officer belonging to the headquarters and may include officers of any other force or service deployed in the prison for assisting the prison administration for the safe custody or providing correctional services to the prisoners; (x) "prison staff" means an employee appointed by the headquarters, other than a prison officer, who exercises powers or performs duties or functions related to the administration of this Act or as may be assigned by the Government; (y) "institution for young offenders" means a prison for young prisoners established to ensure their care, welfare and rehabilitation, to provide an environment of education and training conducive to their reformation; (z) "prisoner" means any person committed to custody in prison under the writ, warrant, order or sentence of a Court or competent authority and includes convicted prisoner, civil prisoner, under trial prisoner, prisoner remanded by a court to prison custody under the orders of a competent authority who is detained lawfully in the prison and correctional institution; (za) "prescribed" means as prescribed by the rules made under this Act; (zb) "prohibited article (contraband)" means any item that presents a threat to the safety or security of the prisoners, prison staff, prison institution, or any object, substance, or material forbidden by the Prisons and Correctional Institutions, or government from being in a prisoner's possession, like cell phone, a communication device, drugs or anything that can be used as a weapon or to aid in an escape such as firearms, explosives, knives, axe, tools, chemicals, razor blades, alcohol, matches, lighters, etc, it means an article, the introduction or removal of which into or out of a prison is prohibited by this Act or rules framed thereunder or by any other law or by an notification of the Government; (zc) "recidivist" means any prisoner who is convicted for a crime more than once; (zd) "remission" means a concession granted to an eligible convicted prisoner by the competent authority with the prospect of early release from prison by shortening of sentence, as may be prescribed by the rules; (ze) "rule" means a rule made under this Act; (zf) "officer-in-charge of the prison" means an officer appointed by the competent authority as in-charge of a prison; (zg) "under trial prisoner" means a person who is not a convict and has been committed to judicial custody pending investigation by the police or trial by a court of competent jurisdiction; (zh) "State" means the State of Uttarakhand; (zi) "wireless communication device" means mobile phone, computer, tablet, laptop, palmtop or any other device that has the capability to send, store or receive information through a network or any other device not notified by the competent authority; (zj) "young offender" means a prisoner who has attained the age of 18 years and has not attained the age of 21 years.

The Government shall provide sufficient number of prisons administration and correctional services institutions in the State for accommodating the prisoners, which may be constructed and maintained in such manner so as to comply with the requirements of this Act. (1) The pattern of construction of a prison, ground space, ventilation, sanitation, hygiene and other allied requirements of the prison shall conform to such standards and requirements, as may be prescribed by the rules. (2) The standards of security for each prison shall be such as may be prescribed by the rules. (3) Prisons may be designed in such a manner so as to facilitate segregation of various categories of prisoners and for attending to special needs of prisoners, such as women/transgender/ drug addicts/ persons with disabilities/persons suffering from contagious disease or mental illness or old and infirm prisoners, under trial prisoners, convicted prisoners, high security prisoners, habitual/recidivist prisoners, young offenders, Civil prisoners, detenues etc, as may be prescribed by the rules. (4) The setup of prisons administration and correctional service institutions may include accommodation and other facilities for the prison officers and staff as per functional requirement. (5) Wherever there is no provision of a stand-alone High Security Prison in the State, high risk offenders, hardened criminals and habitual offenders shall be segregated and lodged in separate barracks or cells of the prison, which shall have a provision of keeping them away from mingling with other prison inmates, young offenders, first time offenders, etc. (6) Such separate accommodation as referred to in sub-section (5) shall have appropriate advanced architecture, design and institutional pattern, as prescribed by the rules, for keeping inmates in safe and secure custody.

(1) The Government may establish various categories of Prison Administration and Correctional Service Institutions, such as: (i) Central prisons (ii) District prisons (iii) Sub Prisons (iv) Open Correctional Institutions (v) High Security Prisons (vi) Exclusive women Prisons (vii) Institution for Young Offenders Note: The Government may make rules for the classification/segregation of categories of prisoners to be detained in these institutions. (2) The Government may determine the number of prisons administration and correctional service institutions of any category and the place at which these may be established. (3) Each Central Prison/ District Prison shall have provision for a separate Ward for High Risk Prisoners/hardened criminals/ recidivists/habitual offenders, where they may be lodged separately in cells without the scope of mingling with other inmates so as to protect other prisoners from negative influence and radicalised thought process. (4) Appropriate and advanced security infrastructure and procedures shall be in place for High Risk Prisoner Ward in all Central /District Prisons. Such prisons shall also have appropriate provisions for an independent Court complex for holding court hearings/trial.

Whenever it appears to the Government that - (i) the number of prisoners in any prison is greater than that can conveniently or safely be kept therein, and it is not convenient to transfer the excess number to some other prison, or (2) whenever due to the outbreak of any disease in any prison, or for any other reason, it is desirable to provide for temporary shelter and for the safe custody of prisoners, appropriate provision may be made, in such manner as the Government may direct, for the shelter and safe custody in temporary prisons of as many prisoners, that cannot be conveniently or safely kept in a prison.

(1) There may be a headquarters of Prisons administration and Correctional Services in the State, which shall be responsible for implementing the prison Policies laid down by the State Government, and will plan, organise, direct, coordinate and control various prison administrative and correctional services and matters connected therewith and incidental thereto. The headquarter shall consist of such number of officers and staff as may be prescribed by the Government from time to time. (2) The institutional set-up may be decided in accordance with the need and requirement of accommodating the prisoners, the inmate population, workload of prison officers and staff, and the workforce may include executive, ministerial, guarding staff, correctional officers and staff, medical personnel, etc., as may be prescribed by the rules.

(1) For administration of the Prison Administrative and Correctional Services, the Government shall appoint the Head of Prisons & Correctional Services (of appropriate rank, as the Government may deem fit), subject to the provisions of the Act and the rules made thereunder. (2) The Head of Prisons Administration & Correctional Services shall exercise powers and perform duties under this Act, and other officers and staff shall work under the general supervision, control and direction of the Head of Prison Administration & Correctional Services. (3) The Head of Prison Administration & Correctional Services shall exercise such administrative, financial and disciplinary powers as may be exercised by a Head of Department and such other powers specifically conferred upon him by the Government from time to time, as prescribed by the rules.

(1) The Government may appoint as many officers as may be necessary to assist the Head of the headquarters of Prisons & Correctional Services for performing such duties as may be prescribed under the Act and the rules. (2) For every Prison, there shall be an officer-in-charge, who may be a Superintendent, Jailor, Deputy Jailor or any other officer of the Prisons and Correctional Services, as prescribed by the rules. (3) The general administrative control and management of a prison shall vest with the officer-in-charge and other officers and staff shall exercise or perform such duties and functions under his direction, as may be prescribed by the rules.

(1) The qualifications, recruitment appointment and training of the officers and staff of the Prisons shall be such as may be prescribed by the rules. (2) Salaries and other benefits of officers and staff members may be commensurate with the work performed in a modern prisons and correctional system, as may be prescribed by the rules. (3) Every member of the prisons officers and staff in the Prison shall be provided basic induction training and periodic in-service training, to enable them to perform their duties efficiently and professionally.

(1) Subject to the provisions of the Act and the rules made thereunder or under orders and directions of the Head of Prison Administration and Correctional Services, the officer-in-charge of a prison shall manage the prison in all matters including admission of prisoners, security of the prison, correctional programs, allowing visitors inside the prison, expenditure, discipline, punishment and control and release of prisoners, with the aid and assistance of other subordinate officers and staff. (2) The officer-in-charge shall be responsible for the proper upkeep of the prison and all equipments and machinery, etc. of the prison under his charge. (3) The officer-in-charge shall be responsible for the safe custody of all documents/records, including records in electronic format, in his care, and for the money and other articles taken from prisoners and perform such other duties and discharge such other functions as may be prescribed by the rules. (4) Officer-in-charge of a prison shall exercise such disciplinary powers as assigned to him under the Act or as prescribed under the rules for regulation of prisoners, maintaining prison discipline and proper management of the prison, including high security Wards.

There may be a medical officer for every prison. If the post of the medical officer is vacant, then the medical officer or the doctor in-charge of the Government Hospital or the resident medical officer of the District

All other prison staff shall discharge their duties based on the functions and responsibilities assigned for various categories of prison officers and staff as may be prescribed by the rules.

All or any of the powers and duties of an officer-in-charge or a medical officer may, in his absence, be exercised and performed by such other officer(s), as the competent authority may prescribe, either by name or by official designation.

No prison officer or staff shall enter into, or allow any of his person in trust or employed by him to have any business dealings with any prisoner or any relative or friend of any prisoner, directly or indirectly, nor shall he have any business dealings with any prison/jail institution or have any interest, direct or indirect, in any contract for supply of Provisions or any other article to the prison nor shall he derive any benefit, directly or indirectly, from the sale or purchase of any such provisions or articles. He shall be bound by the service conduct rules as may be prescribed.

The Head of Prison Administration & Correctional Services may establish a staff welfare wing to aid and advise the Government in the implementation of welfare measures for prison officers and staff.

(1) The State shall ensure integration and embedding of appropriate technology, for the effective management and superintendence of prisons and for the safety and security of prisons and the inmates, including biometrics, CCTV system, scanning and detection devices, RFID, video conference facilities, etc. in every prison for prisoners to attend trials and biometric access for movement of inmates. (2) The State shall computerize the entire prison administration and integrate the database with the Interoperable Criminal Justice System. The State shall also develop suitable interfaces for seamless sharing of information and facilitate the Prison & Prisoner Management System. (3) The State shall use advanced cellular jamming and cellular detection solutions in the jails to prohibit unauthorised use of cell phones by the inmates. Latest technological interventions shall be used to detect and prohibit use of cell phones and other electronic devices in prisons and its use by inmates. (4) The State may use electronic monitoring technology on prisoners under temporary release leave from prison, by making use of GPS tracking devices/ ankle bracelet, etc.

(1) The officer in-charge of a prison shall receive and detain a person duly committed to his custody, under this Act or otherwise, by any Court or any competent authority, according to the exigency of any writ, warrant or order by which such person has been committed to the prison or until such person is discharged or removed in due course of law. (2) The officer in-charge of the prisoner shall, after the execution of such a writ, warrant or order or after the release of the detained person, return it to the Court by which it was issued along with a valid signed certificate showing how it has been executed or why the detained person is released from custody before its execution. (3) The officer in-charge of the prison shall take action to give effect to any sentence or order passed or issued or a warrant issued for custody of any person, by any Court or any competent authority. (4) Where officer in-charge of a prison has any doubt as to the validity of a warrant or order sent for execution, he shall refer the matter to the concerned Court for confirmation. (5) Pending a reference made under sub-section (4), the prisoner may be taken into custody in such manner and with such restriction as may be specified in the warrant or order. (6) No person shall be admitted into a prison for detention otherwise than under the production of a lawful warrant or under any order of commitment addressed to the officer-in-charge of a prison by a Court or any other competent authority.

(1) Where any person is confined in a prison in a State under a sentence of imprisonment or under sentence of death or in default of payment of a fine or in default of giving security for keeping the peace or for maintaining good behavior, the Government of that State may, with the consent of the Government of any other State, by order, provide for the transfer of the prisoner from that prison to any prison in the other State. (2) The transfer of any undertrial prisoner from State to another may be done with the consent of the trial Court.

(1) Whenever a prisoner is admitted into a prison, he shall be searched and all cash, jewelry, weapons and prohibited articles or any other article which a prisoner cannot retain with him shall be taken from him and retained in safe custody of the officer-in-charge of the prison or an officer authorized by him: Provided that a woman prisoner or a transgender-prisoner shall be searched in an appropriate manner as may be prescribed by the rules. (2) Every inmate received in a prison shall undergo such physical and biometric identification measurements in accordance with the provisions of the Criminal Procedure (Identification) Act, 2022 and any other law in force. (3) Every such prisoner shall be examined, on the same day or not later than 24 hours, by the medical officer, who shall enter in a record, the health status of the prisoner, including any illness, present or past. (4) Every prisoner who leaves a prison or re-enters a prison shall also undergo search and physical and biometric identification upon each such exit from or entry into Prison.

Any prisoner shall be liable to be searched at any time for detection of any prohibited article, etc.

All valuable articles of a prisoner, in respect whereof no order of a competent court has been made, and which, under the rules may, be brought into a prison by any prisoner or sent to the prison for the inmate's use, shall be placed in the custody of the officer authorized by the officer-in-charge in this behalf.

The information of admission of a foreigner prisoner in a prison shall be sent forthwith to the Head of the headquarters of Prison Administration & Correctional Services and forwarded to the Ministry of External Affairs, Government of India, or any other agency as may be specified by the Central Government as may be prescribed by the rules.

Rules may be made by the Government for classification and security assessment of prisoners, officers of the Prison Administration and Correctional Service Department and other officers shall be included in making rules.

(1) The Classification and Security Assessment Committee, may classify the prisoners admitted into a prison according to their age, gender, length of sentence, safety and security requirements, physical and mental health needs, correctional needs, etc, as may be prescribed by the rules. (2) The prisoners may be classified under the following broad categories: (a) Civil prisoners; (b) Criminal prisoners; (c) Convicted prisoners; (d) Undertrial prisoners; (e) Detenues (f) Habitual Offenders (g) Recidivists (3) The prisoners classified into different categories as above may be lodged in separate barracks/enclosures/cells with a view to protect other prisoners from negative influence and radicalised thought process of the hardened/habitual/high risk prisoners. (4) The prisoners may also be segregated gender-wise - male, female and transgender shall lodged separately. (5) The prisoners, classified in sub-section (2) above may be further classified under the following sub-categories and lodged separately: (a) Drug addicts and alcoholic offenders; (b) First time offenders; (c) Foreign prisoners; (d) Old and infirm prisoners (65+ years); (e) Prisoners suffering from infectious/chronic diseases; (f) Prisoners suffering from mental illness; (g) Prisoners sentenced to death; (h) High risk prisoners.

(6) Dangerous and high risk prisoners shall be accommodated in special cells or high security prisons. (7) The officer-in-charge shall take special care and caution for ensuring safe and secure custody of high risk prisoners, as may be specified by the Government in this behalf.

(1) It shall be the responsibility of the headquarters of Prisons & Correctional Services and the Police Department of the State to take all appropriate measures for protecting the society from the criminal activities of high risk prisoners, habitual offenders and hardened criminals. (2) Based on the details of the crime committed by the inmate, available background record, history ticket, etc. inmates shall be suitably classified, assessed for their propensity and potential to negatively influence other inmates and be housed in separate barracks/cells, as may be appropriate. (3) With a view to protecting the society and the victims, high risk prisoners, hardened criminals and habitual offenders shall not be entitled for parole, furlough, or any kind of prison leave in the normal course. (I) Prisons and Correctional Institutions shall ensure special watch and surveillance on such inmates for preventing them from contacting their gang members, intimidating witnesses, etc. (2) For ensuring dynamic security, preventing escapes, instances of disorder and criminal activity in prisons, appropriate provision for intelligence gathering from prisoners, careful observation, monitoring of prisoners and analysis of the relevant information may be done by the Prison Administration and Correctional Service Department in coordination with the Intelligence Wing of the State Police Department. (3) The State shall ensure strengthened and effective measures for periodic search and detection of contrabands, cell phones, etc. in the cells and barracks of high risk offenders and hardened criminals and deploy advanced, jamming solutions in such areas, including conduct of frequent surprise checks. (4) The prison and other security staff deployed in such sensitive barracks and cells shall be rotated at periodic intervals to prevent any nexus and complacency in security. (5) The release of a convict/high-risk prisoner/hardened criminal/habitual offender on completion of sentence or an under-trial on bail or an inmate released temporarily on parole/furlough, etc. shall be informed to the Superintendent of Police of concerned district, who shall monitor the activities of such prisoner. (6) The district administration shall fully secure the movement of the prisoner, in course of movement to court for judicial proceeding, to the hospital for medical treatment or any other place, as per writ, warrant or order of the competent authority, as the case may be. Prisoners may be granted prison leave on the condition of regular attendance at the local police station as may be prescribed by the rules. Any violation by the prisoner shall attract cancellation of leave/parole/furlough and such other actions as may be stipulated by the rules.

Use of electronic monitoring devices on prisoners

(1) The Government may establish such number of exclusive prisons for women prisoners, time to time as it may consider necessary, to accommodate women prisoners. In a prison housing women as well as men prisoners, women prisoners shall be kept in a separate building or a separate part of the same building, with a separate entrance, in such a manner that they do not come into contact with men prisoners. All basic facilities as provided in the prison for men may also be provided to women prisoners, along with such other facilities that meet their gender specific needs. (2) A separate female ward in the prison hospital maybe created for women prisoners. (3) In case of exclusive women prison and women enclosure/female ward, only women prison officials and staff shall be deputed. Male prison Officials and security staff can be deployed for duties outside such prison or enclosure and can be called inside by the officer-in-charge or the officer on duty, only in case of any situation of emergency or prison offence, as may be prescribed by the rules. (4) Women prisoners may be provided access to correctional programs and activities which take into account their gender specific needs.

When a women prisoner is found to be pregnant at the time of admission or later, the medical officer shall report the fact to the Officer-in-charge. Necessary arrangements shall be made for providing her medical care and diet, as may be prescribed by the rules.

(1) Women prisoners may keep their children inside the prison until the child attains the age of six years. (2) A child living with his mother in prison may be provided with health-care education and such other facilities, which are essential for the holistic development of the child, as may be prescribed by the rules.

Any complaint or information of sexual harassment of a woman prisoner shall be acted upon without delay as per the provisions of law.

(1) Separate enclosures/wards for transgender prisoners, both trans men and trans women, may be provided, as prescribed by the rules. (2) Transgender prisoners maybe provided access to buy specific health-care or psycho-social needs. (3) Transgender prisoner may be provided access to correctional programs and activities.

(1) The officer-in-charge of the prison shall be responsible to undertake effective measures for ensuring safe custody and security of prisoners. These measures may not be limited to but may include the following:- Secure walls, building gates, good lighting system; central point monitoring of prisoners, watch towers, power fencing, control of prohibited articles, system for gathering intelligence information, closed circuit televisions and other advanced gadgets and devices for guarding purposes and preventing access to prohibited articles in prisons, etc. (2) The Head of Prisons & Correctional Services shall be empowered to transfer a prisoner to any other prison in the State, as may be prescribed by the rules. (3) On the request of the officer-in-charge, the local police authorities shall provide necessary assistance to the prison authorities, for escorting a prisoner to a court or for visit to hospital or for custody parole, etc. and for ensuring the safe custody of any prisoner who poses a special risk, including escape from prison, rioting, arson or resorting to any violent means affecting the law and order and discipline in the prison. (4) The manner of use of restraint and force on prisoners may be regulated as prescribed by the rules.

(1) Prisoners may communicate with their family members, relatives, friends and acquaintances through physical or virtual mode, under proper supervision of prison authorities. Visitors to inmates shall be verified/authenticated through biometric verification/identification. (2) The name, address, photograph and biometric identification of visitors to inmates shall be entered into record as prescribed by the rules. (3) Foreigner prisoners may communicate with their family members and consular representatives, as prescribed by the rules. (4) Prisoners may communicate with their legal counsel, as prescribed by the rules.

(1) All visitors to prisoners shall be searched in a manner as prescribed by the rules. (2) In case any visitor refuses to get himself searched, he shall be denied admission to the prison and such decision shall be entered into record. (3) Appropriate provisions for search of visitors who are women, transgender or persons with disabilities may be made, as prescribed by the rules. (4) All prison officers and Staff shall be searched, upon each entry to the prison and each exit from the prison.

(1) The officer-in-charge shall have the necessary authority and be responsible for maintaining discipline in the prison and amongst the prisoners, prison officers and staff, in accordance with the provisions of this Act and rules made thereunder. (2) The manner of enforcing discipline in the prisons shall be such as may be prescribed by the rules. (3) It shall be the duty of every prisoner to obey the orders and instructions of a prison officer and to abide by the provisions of this Act and to comply with such other directions as may be prescribed by the rules.

The following acts are declared as prison offences, when committed by a prisoner, namely: (1) willful disobedience of any rule or regulation of the prison, as prescribed under this Act or under the rules made hereunder; (2) any assault or use of force on anyone; (3) deliberate and persistent use of insulting or threatening language; (4) immoral or indecent or disorderly behavior; (5) willfully disabling himself from labour; (6) continuously refusing to work if the prisoner has been punished with rigorous imprisonment; (7) willful idleness or negligence at work by any convict prisoner, sentenced to rigorous imprisonment; (8) willful mismanagement of work by any convict prisoner sentenced to rigorous imprisonment; (9) wilful damage to prison property; (10) tampering with or defacing history tickets, records or documents maintained in physical or electronic form; (11) receiving, possessing or transferring any prohibited article; (12) wilfully making a false accusation against any prison official; (13) omitting or refusing to report, as soon as it comes to his knowledge, the occurrence of any fire, any plot or conspiracy, any attempt to escape or preparation to escape or attack on any prisoner or any other person or prison official; (14) escape or attempt to escape, conspiring to escape, or to assist in escaping; (15) unauthorized use or possession of wireless communication devices and/or their ancillary components; (16) trespassing in or loitering about in the prison premises where entry may not be allowed; (17) unauthorized communication with any person outside prison; (18) pretending to be a prison official or employee of the prison headquarters; (19) smuggling or attempting to smuggle or to have in possession any prohibited article in the prison; (20) intimidating fellow prisoner(s) into making false representation against the prison officials; (21) participating in or inciting mass hunger strike or any other act of defiance or indiscipline; (22) sexual harassment or sodomy; (23) participating in, or organizing anti-social activities like gambling; (24) aiding or abetting the commission of any of the aforesaid offences.

The officer-in-charge after conducting an inquiry as prescribed under this Act and the rules made thereunder, may impose any of the following punishments with respect to the prison offences indicated in section 39 above, except in such cases which constitute an offence under the Bharatiya Nyaya Sanhita, 2023 or any other special or/and local laws: (1) A formal warning, which means a warning personally addressed to a Prisoner by the officer-in-charge and recorded in the punishment book and in the prisoner's history ticket; (2) Stoppage of recreational facilities including canteen facility up to a period of one month. (3) Forfeiture of remission earned for a period upto three months. (4) Stopping visits of all visitors (which includes family members, relatives, friends and acquaintances) for a period of not more than one month (which does not include advocate). (5) Separate confinement for a period not exceeding one month.

(1) Prison-inmates are forbidden from possessing or using mobile phones and other electronic communication devices in prisons. Whoever, being a prisoner or a visitor or a prison official, in contravention of any provisions of the Act or rules made thereunder, is found possessing or using such devices or introduces or removes or attempts, by any means whatsoever, to introduce or remove into or from any prison or supplies or attempts to supply to any prisoner, any prohibited article, and every officer or Staff of a prison who, contrary to any such rule, knowingly allows 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 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 three years, or fine not exceeding twenty five thousand rupees, or both. (2) Whoever, being a prisoner or a visitor, or a prison official, is found, in possession of, or operating or using, any wireless communication device or any of its ancillaries or components, or if any such person is found to be assisting or abetting or instigating in the supply thereof, or if any such person is found to be manipulating, damaging or destroying any equipment in the prison, electronic or otherwise, shall, on conviction before a Magistrate, be liable to imprisonment for a minimum period of two years which may extend to three years or with fine not exceeding twenty five thousand rupees or with both. (3) The prisoner shall undergo the sentence awarded under sub-section (1) or sub-section (2) above, on completion of any sentence if already undergoing. (4) The offences mentioned in sub-sections (1) and (2) above, shall be cognizable and non-bailable.

If any person in the prison premises is guilty of an offence against prison discipline, which by reason of his having frequently committed such offence or otherwise, in the opinion of the officer-in-charge, is not adequately punishable by the infliction of any punishment which he has the power to inflict under this Act, the officer-in-charge may forward the case of such prisoner to the competent Magistrate having jurisdiction, together with a statement of the circumstances, and such Magistrate shall thereupon try the charge so brought against the prisoner, and, upon conviction, may sentence him to imprisonment which may extend for a period up to three years. Such term shall be in addition to any other term which such prisoner may be already undergoing.

The officer-in-charge may cause to be affixed, at a conspicuous place inside the prison, a notice in English and in the vernacular language, setting forth the acts prohibited under this Act and the penalties incurred by their commission, for the information of the prisoners and prison staff.

All prisoners will have access to adequate, gender-responsive health care. In emergency conditions, the facility of taking treatment from outside hospital shall be provided to the prisoners, on the advice of the medical officers of the prison.

(1) The Government may, by a general or special order, direct the transfer of any prisoner with mental illness from the place of detention to any mental health establishment in the State with prior permission of the Board mentioned in Sec. 103 (Chapter XIII) of the Mental Healthcare Act, 2017. (2) The method, modalities and procedure by which transfer of a prisoner under this section is to be effected shall be such as may be further prescribed by the rules.

(1) The prisoners may be provided appropriate opportunity for enhancing their educational qualification, including making provision for library facilities in a prison, as prescribed by the rules. (2) Vocational training and skill development programs may be provided to prisoners as part of prison correctional programs. These programs may be diverse in nature to facilitate rehabilitation of the prisoners, as prescribed by the rules. (3) The officer-in-charge may organize spiritual, cultural, moral and recreational programs, etc. for the prisoners, as prescribed by the rules. (4) The Government may frame a scheme which may be called the Prisoners Welfare Fund for the welfare of the prisoners in the State.

The Government may establish Canteens and Sales Outlets for the sale of jail products to the prisoners, prison staff and the public, as may be prescribed by the rules.

(1) A sentence plan may be prepared by the officer-in-charge, which will help in the prisoner's rehabilitation and social reintegration, as may be prescribed by the rules. (2) The individual sentence plans may be updated and recorded in the prisoner files on periodic basis.

(1) Every prisoner, including undertrial prisoner or civil prisoner or prisoner sentenced to simple imprisonment, while in custody, may be provided the opportunity of work, if available; and be paid commensurate wages, as prescribed under the rules. (2) The record of wages earned and spent by any inmate, particulars of deferred wages and matters incidental thereto shall be maintained by the officer-in-charge.

(1) The Government may establish and maintain as many open and semi-open correctional institutions for prisoners, as may be required. (2) The Government may allow such facilities or concessions in such open or semi-open correctional institution which may assist the prisoner in his rehabilitation into the society, as may be prescribed by the rules. (3) The rules for management of open or semi-open institutions, including the procedure and eligibility of prisoners who can be transferred to such correctional institutions, dealing with prisoners who violate any condition of transfer to an open or semi open correctional institution, etc. shall be such as may be prescribed by the Government.

(1) Prison leave may be granted to eligible convicted prisoners as an incentive for good behaviour and responsiveness to correctional treatment with the objective of their rehabilitation, as may be prescribed by the rules. (2) There may be the following types of prison leave, namely:-(a) Regular parole (b) Emergency parole (c) Furlough. (3) Regular Parole may be granted to eligible convicts by the Government under such conditions and for such purposes as may be prescribed by the rules. The period spent on regular parole may not exceed thirty days at a time and may not be granted more than two times in a year. The period spent on regular parole shall not be counted as part of sentence. (4) Emergency Parole may be granted by the competent authority to eligible convicts in emergent situations, under police protection for a period extending upto 48 hours, as prescribed by the rules. The period spent under this parole shall be counted as part of sentence. (5) Furlough may be granted to eligible prisoners sentenced with life imprisonment by the competent authority, as an incentive for maintaining good conduct and discipline in the prison after the completion of prescribed period. The period spent on furlough shall be counted as part of sentence. (6) For prisoners governed by any of the laws relating to the Armed Forces of the Government, the grant of leave shall be subject to the provisions of those laws. (7) For public safety and preventing parole jumping, prisoners may be granted prison leave on the condition of their willingness to wear electronic tracking devices for monitoring movement and activity of such prisoners. Any violation by the prisoner shall attract cancellation of prison leave in addition to disqualification from any prison leave being granted in future, as may be prescribed by the rules. (8) If a prisoner on parole or furlough fails to surrender on the due date, upon intimation by the officer-in-charge of the Prison, the police shall arrest the prisoner under the provisions of section 262 of the Bharatiya Nyaya Sanhita, 2023 and take action as per the provisions of law.

(1) Subject to the overall good behaviour and conduct of a convicted prisoner while serving the sentence, remission may be granted by the competent authority, as may be prescribed by the rules. (2) The period and criteria of remission shall be such as may be prescribed by the rules.

Pre-mature release may be allowed to a prisoner by the competent authority with the objective of his rehabilitation and reintegration into the society. The Government may constitute a Sentence Review Board for considering and recommending cases for premature release of a convicted prisoner in appropriate cases under the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023, as prescribed under the rules.

(1) There shall be a two-fold system for inspections of prisons: (a) Inspection conducted by senior prison officers - The Head of Prisons & Correctional Services may have a prison inspected by an officer of appropriate rank at periodic intervals, as may be prescribed by the rules; and (b) Inspections conducted by the Board of Visitors - Board of Visitors shall be headed by the District Judge and may comprise of such other official members for carrying out such functions, as may be prescribed by the rules. (2) Every inspection shall be followed by a written report to the officer-in-charge of the Prison and to the Head of the headquarters of Prisons & Correctional Services.

The Government may endeavour to provide after-care services to all needy prisoners released from a prison with a view to ensuring their rehabilitation and reintegration into the society.

The Government may provide the facility of free legal aid to the prisoners in accordance with the provisions of the Legal Services Authorities Act, 1987 and the Standard Operating Procedure prescribed by National Legal Services Authority/State Legal Services Authority/District Legal Services Authority or as may be prescribed by the rules.

(1) There shall be an Under Trial Review Committee for every district, headed by the District and Sessions Judge, and comprising of such other members, as may be prescribed by the rules. (2) The Committee shall meet in every three months and review the cases of eligible prisoners in all prisons of the district, and make appropriate recommendations.

On the death of any prisoner, the Medical Officer shall forthwith record all relevant details and particulars of the case, as may be prescribed by the rules, and send the report to the officer-in-charge of the prison and the Head of Prisons and Correctional Services.

There may be an appropriate mechanism for redressal of the grievances of the prisoners and prison staff, as may be prescribed by the rules.

The officer-in-charge may utilize the services of prisoners for the day-to-day administration and management of the prisons, as may be prescribed by the rules.

No prisoner, visitor or any person employed in the prison, shall have any right to strike or start or continue any agitation inside the prison for achieving any request or demand.

The officer-in-charge shall, as may be prescribed under the rules, take all appropriate measures, including the procurement of necessary equipments and preparation of a contingency plan, for preventing and controlling any emergency situation in the prisons, including ensuring safety in accordance with the Disaster Management Act, 2005 or any other relevant Act and orders or instructions issued by any Competent authority.

A prisoner, when being taken to or from any prison, in which he may be lawfully confined, or to a court for production or to a hospital for medical treatment, or whenever he is working outside or is otherwise beyond the limits of any such prison in or under the lawful custody or control of a prison officer belonging to such prison, or any other officer deployed for such duty, shall be deemed to be in prison and shall be subject to all directions and discipline, as if he were actually in prison.

(1) The State may set up a Prison Development Board with the objective of modernizing prison infrastructure and facilities for better prison management, correctional and reformational activities for prisoners and welfare of the prison staff. (2) The composition of such Board, its responsibilities, and manner of governance etc., shall be such as may be prescribed under the rules.

Any of the powers conferred by this Act may be exercised and performed by such officers as the Government may designate in this regard.

The accounts of every prison shall be maintained and audited in such manner as may be prescribed by the Government.

No suit, prosecution or other legal proceeding shall lie against the Government or any functionary of the Government in respect of anything which is done or intended to be done in good faith in pursuance of this Act or the rules made or orders or directions issued thereunder.

The Government may, by notification in the official Gazette, make rules consistent with this Act.

(1) The Prisons Act, 1894 (9 of 1894), Prisoners Act (03 of 1900) and the Transfer of Prisoners Act (29 of 1950) as applicable to the State are hereby repealed. (2) Notwithstanding such repeal, all the rules, regulations, orders, directions, notifications relating to prisons made under the said Acts which are in force immediately before the commencement of this Act shall, except where and so far as they are not inconsistent with or not repugnant to the provisions of this Act, continue to be in force until altered, amended or repealed by rules made under this Act.

(1) If any difficulty arises in giving effect to any of the provisions of this Act, the Government may, by order published in the Official Gazette, make such provisions or take such measures, not inconsistent with the provisions of this Act, as may appear to be necessary or expedient for removing the difficulty. (2) The Government may make an order under sub-section (1) to have effect from any date not earlier than the date of commencement of this Act.

The fimcti6n5 Of prisons shall be as follows: (1) -fo keep in Sire custody, aprisoner committed to it. a rund6r arty-wijt, warrant or .by the order of any T6ourtortrfu'}6thercompetentanthority; (2) it .` to take suitable measures for the safety and' secufity o.f i)ris oners ; (3) to provide the prisoners with food, clothing, accommodation, other necessities and medical treatmcht;-