Assignment Prison Administration

Topic- Salient features and Critical Analysis of Prisoner's Act 1894 and 1900

Submitted by Submitted to

Saurav Kataria Dr. Ruchi Gupta

B.B.A LL.B. (Hons.) Assistant Professor of Law

1120181938 (8th Semester) HPNLU, Shimla

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 Acknowledgement
I, Saurav Kataria student of H.P. National Law University (Shimla), am extremely grateful to H.P.
National Law University (Shimla), for the confidence bestowed in me and entrusting my ability. At
this juncture, I feel deeply honored in expressing my sincere thanks to Dr. Ruchi Gupta for making
the resources available at the right time and providing valuable insights leading to the successful
completion of my assignment. Last but not the least I place a deep sense of gratitude to my Family
members and my friends who have been a constant source of inspiration during the Preparation of this
project.

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 Prison Laws in India – the forgotten Law

The Prisons law of India is amongst the forgotten laws of this country which has lost its existence
so significantly that neither the law makers of this country nor the mighty political system gives it
any value in order to get reformed within today age and time. There is lacuna of stringent
legislation for prisoners who also deserve life to be led with the basic human respect which we all
are entitled to being citizens of this country despite the wrongdoings they have committed. The
prisoners kept in jails are kept in inhuman conditions and are deprived of even basic human
amenities like healthy sanitary conditions and lack of proper food, bedding and clothing facilities.
The real pragmatic change in criminals kept in prisoners and solitary confinements can be brought
by using reformative measures in prisons rather than trying to tame them by authoritative means
like animals kept in zoo.

The Prisons Act, 1894

The Prisons Act 1894 is one of the oldest piece of legislation in India dealing with laws enacted in
relation to prisons in India. This Act was enacted on 22nd March, 1894 and enforced on 1st July,
1894.This act contains 62 sections and XII Chapters and it is an exhaustive act which contains law
relating to smooth functioning of prisons.

 This act defines the term prison inclusively as buildings maintained by state governments
with the purpose to detain prisoners. The act also categorizes prisoners as “criminal “,
“civil” and “convicted” prisoners.
 The Chapter II of the Act deals with maintenance and officers of prison. It deals more with
appointment of staff including superintendent, medical officer, jailer and officer like
inspector general under whose charge the prison will work efficiently. The inspector in –
charge will be bound to carry the functions to run the prison in manner as directed by the
state authorities. The state authorities have to make proper arrangements for
accommodation of prisoners and this act also make provisions to deal with natural
calamities like epidemics wherein the prisoners are provided safe custody and temporary
shelter during that period on directions of inspector- in charge.

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 The Chapter III of the Act deals with duties of officers of the prison as enumerated under
Section 8 to 20. Superintendent, jailer and medical officers shall constitute officers of the
prison who all are responsible to run the prison in an efficient manner. Superintendent of
the prison who is ought to comply orders of Inspector General shall look into matters
relating to labor, discipline , punishment , expenditure of prison as well has to maintain
records of prisoners. Medical officer of prison shall be in subordination to superintendent
and is responsible to carry out following functions with respect to sanitary conditions,
health, treatment of prisoners, reporting to superintendent with respect to prisoners
seriously affected with a disease etc. Apart from this medical officer shall also keep record
of all particulars such as health, diet, diseases and date of death of deceased prisoner. Jailer
of the prison who is subordinate to Superintendent shall maintain all records and shall be
in-charge of prison and documents. Jailer shall also be assisted by deputy or assistant jailer.
The Jailer of Prison is also responsible to always reside within the premises of prison and
shall not leave prison without prior intimation.
 The Act also creates posts for prisoners such as convict prisoners who shall function and
carry responsibilities within prison premises and shall deemed to be public servants.
Section 9 of the Act strictly prohibits jail officers to carry commercial activities within jail
premises.
 The Chapter IV of the act deals with admission, removal and discharge of prisoners. The
essentials of this chapter covers that convicts entering into prison shall be thoroughly
checked and all their belongings shall be kept in custody of jailer and the female convicts
shall be checked only by female officers. The criminal convicts shall be examined by
medical officer and marks and wounds on his body shall be recorded. Prisoner shall only
be removed from prison premises if in the opinion of medical officer he suffers with acute
disease.
 Chapter V deals with discipline of prisoners, it lays few essentials i.e. that male prisoners
shall be separated from female prisoners, convicted prisoners from under trial prisoners,
prisoners under age of 21 shall be kept separately, prisoners sentence with death sentence
shall be kept separately from all others.
 Civil or an under trial prisoner shall have an access to commodities from outside the prison
subject to examination of the goods being received. Such prisoners shall provide

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 themselves with clothing’s and bedding\’s. No part of food, bedding or clothing belonging
to civil and under trial prisoner shall allow to be transferred to convicted prisoners.
 Chapter VII deals with employment of prisoners. Civil prisoners are permitted to work
after permission from superintendent and shall receive earnings for the work done. A
criminal prisoner shall not work for more than nine hours and shall work only in case of
emergency. All prisoners convicted for simple imprisonment shall be made to work within
the premises.
 The Act also lays directions as to taking care of health of prisoners within the prison
premises. Prisoners shall be subject to regular medical check-up and sick prisoners shall
be provided with proper medical care and attention.
 Sections 42 to 54 deals with offenses relating to prison. Section 42 lays out that any person
who being into or removes from prison prohibited articles, abets offenses prohibited under
act or communicates with convicted prisoners shall be punished with imprisonment of six
months or with fine of rupees two hundred or with both.
 Prison offence are enumerated under section 46, which shall include wilful disobedience
of prison rules, use of criminal force or threatening language, indecent behavior, refusal to
work, causing damage to prison property or documents, preparation or conspiring for
escape etc, offenses committed under the section shall be punishable under sections 46 and
47 of the Act.
 Section 52 lies out that in case a prisoner is in a habit of committing heinous crime time
and again, he shall be forwarded to District Magistrate or any other Magistrate of first class
by superintendent.
 The act under section 54 lays punishment for offenses committed by prison subordinates.

The Prison Act 1894 deals more with the smooth functioning of prison rather than reformation and
rehabilitation of prisoners. This act has colonial approach which deflects with the contemporary
ideology of reformation of prisoners on humanitarian grounds in order to change their heart and
mind to become responsible citizens rather than to advocate punitive and disciplinary measures of
taming them in prisoners like animals in zoo. The prisoners should not be just left on its own in

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prison to just languish and suffer like dead creatures but should be treated with respect of a human
being.

Issues of concern

 80% prisoners are under trials

 Even though bail is granted, prisoners are not released.
 Lack or insufficient provision of medical aid to prisoners
 Callous and insensitive attitude of jail authorities
 Punishment carried out by jail authorities not coherent with punishment given by court.
 Harsh mental and physical torture
 Lack of proper legal aid
 High amount of surety ordered by courts which indigent prisoners can’t pay
 Rejection of surety bonds due to lack of money or verification of addresses, as indigent
prisoners don’t have houses.
 Corruption and other malpractices.

The Prisoners Act, 1900

The Prisoners Act of 1900 is concerned with the consolidation of the law relating to the prisoners
confined by the orders of the court. The prisoners Act provides for the power for officers in charge
of prisons to give effect to sentences of certain courts, removal of prisoners Lunatic prisoners and
how to be dealt with them. It also deals with the discharge of prisoners in the cases where the High
Court, may, have recommended to the President for the grant of a free pardon to any prisoner. In
such cases the Prisoners Act envisages to permit the prisoner, to be at liberty on his own
recognizance.

This act was enacted on 2nd February, 1900. The act lays down laws for prisoner convicted by
court of law. The act under section 2 of the Act defines terms such as court, prison and states.

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Court shall mean and include all courts i.e. civil, criminal or revenue. Prison shall be any building
declared as prison by an order of the state.

The act is divided into two parts with respect to prisoners within territory of Presidency towns and
outside the territory of Presidency towns.

 Section 3 of the Act enumerates that officer in charge of prison shall take care of all
person’s handed over to him by the orders of the court after observing due process of law.
The law necessitates the officer in charge to duly return writs, orders, warrants after
endorsing these which shall also be duly signed by him.

 Part II of the Act deals with Prisoners in Presidency town. The court shall direct warrant
of arrest to police officers within the jurisdiction of the court. The State government may
appoint such officers who shall have power to receive and detain prisoners in their custody.
The Act necessarily directs court to pass orders of committal of person sentenced to death
to superintendent under section 7 of the Act. The order shall be passed along with warrant.
Similar orders shall be passed Presidency Magistrate under section 10 of the Act. High
Court shall pass an order of commitment against a convicted person who shall be handed
over to superintendent along with warrant; superintendent will then present the person
before magistrate before transferring him to prison.

 Any person against whose application of insolvency, is a judgment debtor or an order under
section 350 of Civil Procedure Code is pending shall remain under custody of
superintendent till produced before the High Court and released in due course of law.

 Part IV of the Act deals with prisoners outside presidency towns which shall include
prisons and reformative homes. For prisons outside presidency town officer in charge of
police station shall give effect to order of detention passed by any court or tribunal
functioning within jurisdiction of the state.

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  The act lay that warrant of court shall be sufficient authority to detain a prisoner. The act
under section 17 also lays provisions for instances wherein the detaining authority is unsure
of the legality of warrant passed by the court.

 Section 18 of the Act shall apply in certain situation where state has passed death sentence
but the same is not executable due to lack of secure place of confinement, it shall be the
duty of prison officer to carry out the warrant in secure conditions.

 Part VI of the Act deals with removal of prisoners under section 29 in situation such as
under death sentence, life imprisonment, default of payment of fine and security in such
cases the inspector general shall warrant for removal of prisoner.

 Section 30 of the Act deals with lunatic prisoners, in case it appears to State that an inmate
has become lunatic or is of unsound mind such prisoner shall be removed from prison and
shall be kept in asylum within the jurisdiction of the State, where he shall serve remainder
of his sentence. Such prisoner shall be given proper medical treatment and shall be
governed by section 9 of the Lunatic Asylums Act, 1858. Once such prisoner recovers from
mental illness he shall be removed from asylum.

 Section 32 of the act deals with places of shelter required to be given to a prisoner during
transportation. The act also lays provisions for pardoning of prisoners on recommendation
of High Court. The state government shall appoint places and persons in this regard.

The Act is a comprehensive legislation which deals with provisions relating to confinement of a
person pursuant to an order of the court. It covers all the aspect in relation to detention and also
takes care of the interests of prisoners to some extent.

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 Positive Outlook – The Approach to be

As the famous quote given by father of our nation Mahatma Gandhi as “Hate the crime not the
criminal” shall be the approach kept in mind in reforming prisoners. A prisoner shall be sent to
prison for the punishment and not as a punishment to deprive his personal liberty and privacy. The
punitive punishment system should not reach the pinnacle level of destructiveness for human
beings from which they can never be reformed. It is also essential to ameliorate environment of
the prisons and to value humanitarian needs of prisoners so as to ensure that prisons do not create
hardened criminals .It is essential to rehabilitate and socialize prisoners in view to help the
prisoners to become responsible and potential citizen of this country.

The time has come to unlock the colonial Indian prison system and amend the centurion old Prison
Act 1894 as its obsolete and not in tune with modern day and age where the reformation is required
not only of prisons but also the prisoners who shall be equipped with basic fundamental rights
which this nation grants to its every citizen.

Reformatory measures – Prisoners Rights

The rightful treatment to the prisons can be achieved by the law makers by implementing the rights
given to them by virtue of acts like Prison Act , 1894 and other precedents in confluence with
advocates , social activists and NGO initiatives by safeguarding their access to free legal aid
services by filing their bail applications and legal assistance to under trails who are languishing in
jails without proper trials which is the most gross injustice to the prisoners inside jail who have to
fight for their survivals in jails without a legal trial , maternity help given to female prisoners in
jail so that they can carry the child safely, therapy sessions should be conducted in jails for
prisoners in order to ensure that they don’t break psychologically inside the prison cells, monetary
assistance given to indigent prisoners and their families to fight for their survival inside the jail.

The prisons are made for reformatory purposes not to break their inner self so blatantly that they
can never fit into their normal self in outside world ever after .The reformation is not seen in
prisoners when they get released out of jail cells as they become absolute misfits in the society

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after suffering from inhuman tortures and adding to their misery the social stigma they have to live
with as they are never accepted neither by society nor by their own families. It is hard to picture
their plight in light of the incompetent infrastructure present in prisons and inhuman treatment they
have to suffer at the hands of prison authorities.

References

1. https://lawyerslaw.org/the-prisoners-act
1900/#:~:text=The%20Prisoners%20Act%2C%201900%20was,i.e.%20civil%2C%20cri
minal%20or%20revenue.

2. https://blog.ipleaders.in/prison-laws-india/

3. https://www.legalserviceindia.com/legal/article-4501-system-of-prison-its-history-and-
types-in-india.html

4. https://legislative.gov.in/sites/default/files/A1894-9.pdf

5. https://legislative.gov.in/sites/default/files/A1900-03.pdf

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