Definitions

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.