THE PRISONS ACT, 1894

CONTENTS
CHAPTER 1

PRELIMINARY
1. Title, extent and commencement

2. [Repealed.]

3. Definitions

CHAPTER II

MAINTENANCE AND OFFICERS OF PRISONS

4. Accommodation for prisoners

5. Inspector-General

6. Officers of prisons

7. Temporary accommodation for prisoners

CHAPTER III
DUTIES OF OFFICERS
Generally

8. Control and duties of officers of prisons

9. Officers not to have business dealings with prisoners.

10. Officers not to be interested in prison-contracts

Page 1 of 22
 Superintendent

11. Superintendent

12. Records to be kept by Superintendent

Medical Officer

13. Duties of Medical Officer

14. Medical Officer to report in certain cases

15. Report on death of prisoner

Jailer

16. Jailer

17. Jailer to give notice of death of prisoner

18. Responsibility of Jailer

19. Jailer to be present at night

20. Powers of Deputy and Assistant Jailers

Subordinate officers

21. Duties of gate-keeper

22. Subordinate Officers not to be absent without leave

23. Convict officers

CHAPTER IV

ADMISSION, REMOVAL AND DISCHARGES OF PRISONERS

24. Prisoners to be examined on admission

25. Effects of prisoners

26. Removal and discharge of prisoners

CHAPTER V

DISCIPLINE OF PRISONERS

27. Separation of prisoners

Page 2 of 22
28. Association and segregation of prisoners

29. Solitary confinement

30. Prisoners under sentence of death

CHAPTER VI

FOOD, CLOTHING AND BEDDING OF CIVIL AND UNCONVICTED CRIMINAL

PRISONERS.

31. Maintenance of certain prisoner from private sources

32. Restriction on transfer of food and clothing between certain prisoners

33. Supply of clothing and bedding to civil and unconvinced criminal prisoners

CHAPTER VII

EMPLOYMENT OF PRISONERS

34. Employment of civil prisoners

35. Employment of criminal prisoners

36. Employment of criminal prisoners sentenced to simple imprisonment

CHAPTER VIII

HEALTH OF PRISONERS

37. Sick prisoners

38. Record of directions of Medical officers

39. Hospital.

CHAPTER IX

VISITS OF PRISONERS

40. Visits to civil and unconvicted criminal prisoners

41. Search of visitors

Page 3 of 22
 CHAPTER X

OFFENCES IN RELATION TO PRISONS

42. Penalty for introduction or removal of prohibited article into or from prison and
communication with prisoners

43. Power to arrest for offence under section 42

44. Publication of penalties

CHAPTER XI

PRISON-OFFENCES

45. Prison-offences

46. Punishment of such offences.

47. Plurality of punishments under section 46

48. Award of punishments under sections 46 and 47

49. Punishments to be in accordance with foregoing sections

50. Medical Officer to certify to fitness of prisoner for punishment

51. Entries in punishment book

52. Procedure on committal of heinous offence

53. Whipping

54. Offences by prison subordinates

CHAPTER XII

MISCELLANEOUS

55. Extramural custody, control and employment of prisons

56. Confinement in irons

57. Confinements of prisoners under sentence of transportation in irons

58. Prisoners not to be ironed by Jailer except under necessity

59. Power to make rules

60. [Repealed.]
Page 4 of 22
61. Exhibition of copies of rules

62. Exercise of powers of Superintendent and Medical Officer

THE SCHEDULE.—[Repealed.]

Page 5 of 22
 THE PRISONS ACT, 1894
1
ACT No. IX OF 1894

[22nd March, 1894]

An Act to amend the law relating to Prisons

Whereas it is expedient to amend the law relating to prisons in 2[Pakistan], and to provide
rules for the regulation of such prisons, It is hereby enacted as follows:-

CHAPTER 1

PRELIMINARY

1. Title, extent and commencement.__(1) This Act may be called the Prisons Act, 1894.
3
[(2) It extends to the whole of Pakistan.]

(3) It shall come into force on the first day of July, 1894.

(4) Nothing in this Act shall apply to civil jails in 4[Sind and the 5[Karachi Division]] and
those jails shall continue to be administered under the provisions of Section 9 to 16 (both inclusive)
of 6Bombay Act, II of 1874, as amended by subsequent enactments.

2. [Repeal.] Rep. by the repealing Act, 1938 (I of 1938), s. 2 and Schedule.]

3. Definitions. In this Act___

(1) “prison” means any jail or place used permanently or temporarily under the
general or special orders of a 2[Provincial Government] for the detention of
prisoners, and includes all lands and buildings appurtenant thereto, but does
not include-
1
For Statement of Objects and ‘Reasons, see Gazette of India, 1894, Pt. V, p. 14 ; for Report of the Select Committee, see ibid., p. 63, and for
Proceedings in Council, see ibid., Pt. VI, pp.l0, 21,93,126 and 139.
This Act has been applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the N.W.F.P., subject to certain
modifications; see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950.
It has been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950); and applied in the Federated
Areas of Baluchistan, see Gaz. of India, 1937, Pt. I, p. 1499.
It has been extended to the Excluded Area of Upper T1inawal other than Phulera by the N.W.F.P., (Uper Tanawal) (Excluded Area) Laws Regulation,
1950 and declared to be in force in that area with effect from 1st June, 1951, see NW.F.P., Gazette, Extraordinary, dated 1st June,
1951.
It has been amended in its application to the Province of West Pakistan by West Pakistan Act 41 of 1958. .
The Act, as in force in the North-West Frontier Province immediately before the commencement of N.W.F.P. Regulation No. II of 1974 has been
applied to the Provincially Administered Tribal Areas of Chitral, Dir, Kalam, Swat and Malakand Protected Area by N.W.F.P., Regulation, No. II of
1974, s. 3.
This Act has been amended in its application to the province of Sind by the Sind Act No. 17 of 1975, s. 3 and 2nd Sch.
This Act has been amended to the extent of Islamabad Capital Territory, see Ordinance No. 27 of 1981, S. 5 and Sch. IV.
2
Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for “the
Provinces and the Capital of the Federation” which had been subs. by A.O. 1949, Arts. 3(2) and 4, for “British India.”.
3
Subs. by Ord. 21 of 1960, s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for the existing sub-section (2), as amended by the Federal Laws
(Revision and Declaration) Act, 1951 (26 of 1951).
4
Subs. by A. O., 1949, Sch. fur “the Presidency of-Bombay outside the City of Bombay”.
5
Subs. by A. O., 1964, Art 2 and Sch., for “Federal Tcrritory of Karachi” which had been subs. by the Repealing and Amending Ordinance, 1961 (1 of
1961), s. 3 and 2nd Sch., for “Capital of the Fedoration”:
6
The Civil Jails Act, 1874.

Page 6 of 22
 (a) any place for the confinement of prisoners who are exclusively in the
custody of the police ;

(b) any place specially appointed by the 1[Provincial Government] under

Section 541 of the 2[Code of Criminal Procedure, 1898 (Act V of
1898)] ; or

(c) any place which has been declared by the 1[Provincial Government] by
general or special order, to be a subsidiary jail ;

(2) “criminal prisoner” means any prisoner duly committed to custody under the
writ, warrant or order of any Court or authority exercising criminal
jurisdiction, or by order of a Court-martial ;

(3) “convicted criminal prisoner” means any criminal prisoner under sentence of a
Court or Court-martial, and includes a person detained in prison under the
provisions of Chapter VIII of the 2[Code of Criminal Procedure, 1898 (Act V
of 1898)] or under the 2[Prisoners Act, 1900 (III of 1900)] ;

(4) “civil prisoner” means any prisoner who is not a criminal prisoner:

(5) “remission system” means the rules for the time being in force regulating the
award of marks to and the consequent shortening of sentences of, prisoners in
jails :

(6) “history-ticket” means the ticket exhibiting such information as is required in

respect of each prisoner by this Act or the rules thereunder.:

(7) “Inspector-General” means the Inspector-General of Prisons :

[(7-A) “Deputy Inspector-General” means the Deputy Inspector-General of Prison] ;

(8) “Medical Subordinate” means an Assistant Surgeon, Apothecary or qualified

Hospital Assistant : and

(9) “prohibited article” means an article the introduction or removal of which into
or out of a prison is prohibited by any rule under this Act.

CHAPTER II

MAINTENANCE AND OFFICERS OF PRISONS

1
Subs. by: A. 0.,1937, for “L. G.”.
2
Subs. by Ord. XXVII of 1981, s. 5 and Sch. IV (only to the extent of Islamabad. Capital Territory).

Page 7 of 22
 4. Accommodation for prisoners. The 1[Provincial Government] shall provide, for the
prisoners in the territories under such Government, 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.

5. Inspector-General. An Inspector-General2 shall be appointed for the territories subject to

1
each [Provincial Government], and shall exercise, subject to the orders of the Provincial
Government, the general control and superintendence of all prisons situated in the territories under
such Government.
3
6. Officers of prisons. For every prison there shall be a Superintendent, a Medical Officer
(Who may also be the Superintendent), a Medical Subordinate, a Jailer and such other officers as the
1
[Provincial Government] thinks necessary.
4
******

7. Temporary accommodation for prisoners. Whenever it appears to me inspector General

that 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 whenever from the
outbreak of epidemic disease a within any prison, or for any other reason, it is desirable to provide
for the temporary shelter and safe custody of any prisoners, provision shall be made, by such officer
and in such manner as the 1[Provincial Government] may direct, for the shelter and safe custody in
temporary prisons of so many of the prisoners as cannot be conveniently or safely kept in the prison.

or whenever 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 prisoners,

provision shall be made, by such officer and in such manner as the 1[Provincial Government] may
direct, for the shelter and safe custody in temporary prisons of so many of the prisoners as cannot be
conveniently or safely kept in the prison.
CHAPTER III
DUTIES OF OFFICERS
Generally

8. Control and duties of officers of prisons. All officers of a prison shall obey the directions
of the Superintendent; all officers subordinate to the Jailer shall perform such duties as may be
imposed on them by the Jailer with the sanction of the Superintendent or be prescribed by rules
under Section [59]5.

9. Officers not to have business dealings with prisoners. No officer of a prison shall sell or
let, nor shall any person in trust for 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.

l
Subs. by A. O.,1937, for “L. G.”.
2
For notification appointing an Inspector General for the N.W.F.P., see Gazette of India , 1901, Pt. II, p. 1305.
3
A further proviso has been added to s.6 in its application to the Punjab by the Prisons (Punjab Amdt.) Act, 1926 (Punjab 9 of 1926), s.2.
4
The Original proviso as amended by A.O. 1937, omitted by A.O., 1949, Sch.
5
Subs. by A. O., 1937, for “60”.
Page 8 of 22
 10. Officers not to be interested in prison contracts. No officer of a prison shall, nor shall
any person in trust for or employed by him, have any interest, direct or indirect, in any contract for
the supply of 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.

Superintendent

11. Superintendent.___ (1) Subject to the orders of the Inspector-General, the Superintendent
shall manage the prison in all matters relating to discipline, labour, expenditure, punishment and
control.

(2) Subject to such general or special directions as maybe given by the 1[Provincial
Government]; the Superintendent of a prison other than a central prison or a prison situated in a
presidency- town shall obey all orders not inconsistent with this Act or any rule thereunder which
may be given respecting the prison by the District Magistrate, and shall report to the Inspector-
General all such orders and the action taken thereon.

12. Records to be kept by Superintendent. The Superintendent shall keep’, or cause to be

kept, the following records:__

(1) a register of prisoners admitted ;

(2) a book showing when each prisoner is to be released;

(3) a punishment-book for the entry of the punishments inflicted on prisoners for prison
offences ;

(4) a visitors’ book for the entry of any observations made by the visitors touching any
matters connected with the administration of the prison ;

(5) a record of the money and other articles taken from prisoners ;

and all such other records as may be prescribed by rules under Section 59.1 * * *

Medical Officer

13. Duties of Medical Officer. Subject to the control of the Superintendent, the Medical
Officer shall have charge of the sanitary administration of the prison, and shall perform such 2duties
as may be prescribed by rules made by the 3[Provincial Government] under Section 4[59].

14. Medical Officer to report in certain cases. Whenever the Medical Officer has reason to
believe that the 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.

This report, with the orders of the Superintendent thereon, shall forthwith be sent to the
Inspector-General for information.

1
Subs.ibid., for “L.G.”.

Page 9 of 22
 15. Report on death of prisoner. On the death of any prisoner, the Medical Officer shall
forthwith record in a register the following particulars, so far as they can be ascertained, namely:

(1) the day on which the deceased first complained of illness or was observed to
be ill,

(2) the labour, if any, on which he was engaged on that day,

(3) the scale of his diet on that day,

(4) the day on which he was admitted to hospital,

(5) the day on which the Medical Officer was first informed of the illness,

(6) the nature of the disease,

(7) when the deceased was last seen before his death by the Medical Officer or
Medical Subordinate,

(8) when the prisoner died, and

(9) (in cases where a post-mortem examination is made) an account of the

appearances after death,
together with any special remarks that appear to the Medical Officer to be required.

Jailer

16. Jailer.___(1) The Jailer shall reside in the prison, unless the Superintendent permits him in
writing to reside elsewhere.

(2) The Jailer shall not, without the Inspector-General's sanction in writing, be concerned in
any other employment.

17. Jailer to give notice of death of prisoner. Upon the death of a prisoner, the Jailer shall
give immediate notice thereof to the Superintendent and the Medical Subordinate.

18. Responsibility of Jailer. The Jailer shall be responsible for the safe custody of the
records to be kept under Section 12, for the commitment warrants and all other documents confided
to his care, and for the money and other articles taken from prisoners.

19. Jailer to be present at night. The Jailer shall not be absent from the prison for a night
without permission in writing from the Superintendent; but, if absent without leave for a night from
unavoidable necessity, he shall immediately report the fact and the cause of it to the Superintendent.

20. Powers of Deputy and Assistant Jailers. Where a Deputy Jailer or Assistant Jailer 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 Jailer under this Act or any rule
thereunder.
1
The words and figures “or section 60” rep. by A. 0., 1937.
2
For rules as to Medical Officer's duties under s. 13, see different local Rules and Orders.
3
Subs. by A. O., 1937, for “L. G.”.
4
Suhs. ibid., for “60”.

Page 10 of 22
 Subordinate Officers

21. Duties of gate-keeper. The officer acting as gate-keeper, or any other officer of the
prison, may 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
give immediate notice thereof to the Jailer.

22. Subordinate Officers not to be absent without leave. Officers subordinate to the Jailer
shall not be absent from the prison without leave from the Superintendent or from the Jailer.

23. Convict officers. Prisoners who have been appointed as officers of prisons shall be
deemed to be Public servants within the meaning of the Pakistan Penal Code (Act XLV of 1860).

__________

CHAPTER IV

ADMISSION, REMOVAL AND DISCHARGES OF PRISONERS

24. Prisoners to be examined on admission.___(1) Whenever a prisoner is admitted into

prison, he shall be searched, and all weapons and prohibited articles shall be taken from him.

(2) Every criminal 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 Jailer, 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.

(3) In the case of female prisoners the search and examination shall be carried out by the
matron under the general or special orders of the medical Officer.

25. Effects of prisoners. All money or other articles in respect whereof no order of a
competent Court has been made, and which may with proper authority be brought into the prison by
any criminal prisoner or sent to the prison for his use, shall be placed In the custody of the Jailer.

26. Removal and discharge of prisoners.___(1) All prisoners, previously to being removed
to any other prison, shall be examined by the Medical Officer.

(2) No prisoner shall be removed from one prison to another unless Medical Officer certifies
that the prisoner is free from any illness rendering him unfit for removal.

(3) No prisoner shall be discharged against his will from prison, if laboring under any acute
or dangerous distemper, nor until, In the opinion of the Medical Officer; such discharge is safe.

Page 11 of 22
 CHAPTER V

DISCIPLINE OF PRISONERS

27. Separation of prisoners. The requisitions of this Act with respect to the separation of
prisoners are as follows:-

(1) in a prison containing female as well as male prisoners, the females shall be imprisoned in
separate buildings, or separate parts of the same building, in such manner as to prevent their seeing,
or conversing or holding any intercourse with, the male prisoners :

(2) in a prison where male prisoners under the age of 1[twenty-one] are confined, means shall
be provided for separating them altogether from the other prisoners and for separating those of them
who have arrived at the age of puberty from those who have not:

(3) unconvicted criminal prisoners shall be kept apart from convicted criminal prisoners; and

(4) civil prisoners shall be kept apart from criminal prisoners.

28. Association and segregation of prisoners. Subject to the requirements of the last
foregoing section convicted criminal prisoners may be confined either in association or individually
in cells or partly in one way and partly in the other.

29. Solitary confinement. No cell shall be used for solitary confinement unless it is
furnished with the means of enabling the prisoners 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.

30. Prisoners under sentence of death.___(1) Every prisoner under sentence of death shall,
immediately on his arrival in the prison after sentence, be searched by, or by order of, t he Jailer and
all articles shall be taken from him which the Jailer deems it dangerous or independent to leave in his
possession.

(2) Every such prisoner shall be confined in a cell apart from all other prisoners, and shall be
placed by day and by night under the charge of a guard.

________

CHAPTER VI

FOOD, CLOTHING AND BEDDING OF CIVIL AND UNCONVICTED CRIMINAL

PRISONERS.

31. Maintenance of certain prisoner from private sources. A civil prisoner or an

unconvicted criminal prisoner shall be permitted to maintain himself, and to purchase, or receive
from private sources at proper hours, food, clothing, bedding or other necessaries, but subject to
examination and to such rules as may be approved by the Inspector-General.
1
Subs. by the Prisons (Amdt.) Act, 1930 (6 of 1930) s. 2, for “eighteen”.

Page 12 of 22
 32. Restriction on transfer of food and clothing between certain prisoners. No part of any
food, clothing, bedding or other necessaries belonging to any civil or unconvicted criminal prisoner
shall be given, hired or sold to any other prisoner; and any prisoner transgressing the provisions of
this section shall lose the privilege of purchasing food or receiving it from private sources, for such
time as the Superintendent thinks proper.

33. Supply of clothing and bedding to civil and unconvinced criminal prisoners.___(1)
Every civil prisoner and unconvinced unable to provide himself with sufficient clothing and bedding
shall be supplied by the Superintendent with such clothing and bedding as may be necessary.

(2) When any civil prisoner has been committed to prison in execution of a decree in favour
of a private person, such person, or his representative, shall within forty-eight hours after the receipt
by him of a demand in writing, pay to the Superintendent the cost of the clothing and bedding so
supplied to the prisoner; and in default of such payment the prisoner may be released.

CHAPTER VII

EMPLOYMENT OF PRISONERS

34. Employment of civil prisoners.___(1) Civil prisoners may with the Superintendent's
permission, work and follow any trade or profession.

(2) Civil prisoners finding their own implements, and not maintained at the expense of the
prison, shall be allowed to receive the whole of their earnings; but the earnings of such as are
furnished with implements or are maintained at the expertise of the prison shall be subject to a
deduction, to be determined by the Superintendent, for the use of implements and the cost of
maintenance.

35. Employment of criminal prisoners.___(1) No criminal prisoner sentenced to labour or

employed on labour at his own desire shall, except on an emergency with the sanction in writing of
the Superintendent, be kept to labour for more than nine hours in any one day.

(2) The Medical Officer shall from time to time examine the labouring prisoners while they
are employed, and shall at least once in every fortnight cause to be recorded upon the history-ticket
of each prisoner employed on labour the weight of such prisoner at the time.

(3) When the Medical Officer is of opinion that the health of any prisoners suffers from
employment on any kind or class of labour, such prisoner shall not be employed on that labour but
shall be placed on such other kind or class of labour as the Medical Officer may consider suited for
him.

36. Employment of criminal prisoners sentenced to simple imprisonment. Provision shall

be made by the Superintendent for the employment (as long as they so desire) of all criminal
prisoners sentenced to simple imprisonment; but no prisoner not sentenced to rigorous imprisonment
shall be punished for neglect of work excepting by such alteration in the scale of diet as may be
established by the rules of the prison in the case of neglect of work by such a prisoner.

Page 13 of 22
 CHAPTER VIII

HEALTH OF PRISONERS

37. Sick prisoners.___(1) The names of prisoner desiring to see the Medical Subordinate or
appearing out of health in mind or body shall, without delay, be reported by the officer in immediate
charge of such prisoners to the Jailer.

(2) The Jailer shall, without delay, call the attention of the Medical Subordinate to any
prisoners desiring to see him, or who is ill, or whose state of mind or body appears to require
attention, and shall carry into effect all written directions given by the Medical Officer or Medical
Subordinate respecting alterations of the discipline or treatment of any such prisoner.

38. Record of directions of Medical officers. All directions given by the Medical Officer or
Medical Subordinate in relation to any prisoner, with the exception of orders for the supply of
medicines or directions relating to such Matters as are carried into effect by the Medical Officer
himself or under his superintendence, shall be entered day by day in the prisoner's history-ticket or in
such other record as the 1[Provincial Government] may by rule direct, and the Jailer shall make an
entry in its proper place stating in respect of each direction the fact of its having been or not having
been complied with, accompanied by such observations, if any, as the Jailer thinks fit to make, and
the date of the entry.

39. Hospital. In every prison an hospital or proper place for the reception of sick prisoners
shall be provided.

_________

CHAPTER IX

VISITS OF PRISONERS

40. Visits to civil and unconvicted criminal prisoners. Due provision shall be made for the
admission, at proper times and under proper restrictions, into every prison of persons with whom
civil or unconivted criminal prisoners may desire to communicate, care being take n that so far as
may be consistent with the interests of justice, prisoners under-trial may see their duly qualified legal
advisers without the presence of any other person.

41. Search of visitors.___(1) The Jailer may demand the name and address of any visitor to a
prisoner, and, when the Jailer has any ground for suspicion, may search any visitor, or cause him to
be searched, but the search shall not be made in the presence of any prisoner or of another visitor.

(2) In case of any such visitor refusing to permit himself to be searched, the Jailer may deny
him admission; and the grounds of such proceeding, with the particulars thereof, shall be entered in
such record as the 1[Provincial Government] may direct.

1
Subs. by A. O., 1937, for “L.G.”.

Page 14 of 22
 CHAPTER X

OFFENCES IN RELATION TO PRISONS

42. Penalty for introduction or removal of prohibited article into or from prison and
communication with prisoners. Whoever, contrary to any rule under Section 1[59] introduces or
removes or attempts by any means whatever to introduce or remove, into or from any prison, or
supplies or attempts to supply to any prisoner outside the limits of a prison, any prohibited article,

and every officer of a prison who, contrary to any such rule, knowingly suffers 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 outside the limits of a prison, 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
six months, or to fine not exceeding two hundred rupees, or to both.

43. Power to arrest for offence under section 42. When any person, in the presence of any
officer of a prison, commits any offence specified in the last foregoing section, and refuses on
demand of such office to state his name and residence, or gives a name or residence which such
officer knows, or has reason to believe, to be false, such officer may arrest him, and shall without
unnecessary delay make him over to a Police Officer, and thereupon such Police-officer shall
proceed as if the offence had been committed in his presence.

44. Publication of penalties. The Superintendent shall cause to be affixed, in a cons-

Publication picuous place outside the prison, a notice in English and the Vernacular setting forth the
acts prohibited under section 42 and the penalties incurred by their commission.

CHAPTER XI

PRISON-OFFENCES

45. Prison-offences. The following acts are declared to be prison-offences when committed
by a prisoner :-

(1) such wilful disobedience to any regulation of the prison as shall have been
declared by rules made under section 59 to be a prison-offence;

(2) any assault or use of criminal force.

(3) the use of insulting or threatening language;

(4) immoral or indecent or disorderly behaviour;

(5) wilfully disabling himself from labour ;

(6) contumaciously refusing to work;

1
Subs. ibid., for “60”.

Page 15 of 22
 (7) filing, cutting, altering or removing handcuffs, fetters or bars without due
authority;

(8) Wilful idleness or negligence at work by any prisoner sentenced to rigorous

imprisonment;

(9) Wilful mismanagement of work by any prisoner sentenced to rigorous

imprisonment;

(10) Wilful damage to prison-property;

(11) tampering with or defacing history tickets, records or documents;

(12) receiving, possessing or transferring any prohibited article ;

(13) feigning illness;

(14) wilfully bringing a false accusation against any officer or prisoner;

(15) omitting or refusing to report, as soon as it comes to his knowledge, the

occurrence of any fire, any plot or conspiracy, any escape, attempt or
preparation to escape, and any attack or preparation for attack upon any
prisoner or prison-official; and

(16) conspiring to escape, or to assist in escaping, or to commit any other of the

offences aforesaid.
1
46. Punishment of such offences. The Superintendent may examine any person touching
any such offence, and determine thereupon, and punish such offence by-

(1) a formal warning :

Explanation.__A formal warning shall mean a warning personally addressed to a prisoner by

the Superintendent and recorded in the punishment-book and on the prisoner's history-ticket;

(2) change of labour to some more irksome or severe form 2[for such period as may be
prescribed by rules made by the 3[Provincial Government]] ;

(3) hard labour for a period not exceeding seven days in the case of convicted criminal
prisoners not sentenced to rigorous imprisonment;

(4) such loss of privileges admissible under the remission system for the time being in force
as may be prescribed by rules made by the 3[Provincial Government];

(5) the substitution of gunny or other coarse fabric for clothing of other material, not being
woolen, for a period which shall not exceed three months;

1
For rules issued with reference to clauses (4), (6) and (7) of section 46, see Gen. R. & O.
2
Ins. by s. 2(a) of the Prisons (Amdt.) Act, 1925(17 of 1925).
3
Subs. by A.O., 1937, for “G.G. in C.”.

Page 16 of 22
 (6) imposition of handcuffs of such pattern and weight, in such manner and for such period,
as may be prescribed by rules made by the 1[Provincial Government];

(7) imposition of fetters of such pattern and weight, in such manner and for such period, as
may be prescribed by rules made by the 1[Provincial Government];

(8) separate confinement for any period not exceeding 2[three] months :

Explanation.—Separate confinement means such confinement with or without labour as

secludes a prisoner from communication with, but not from sight of, other prisoners, and allows him
not less than one hour’s exercise per diem and to have his meals in association with one or more
other prisoners;

(9) penal diet, that is, restriction of diet in such manner and subject to such conditions
regarding labour as may be prescribed by the 3[Provincial Government] :
Provided that such restriction of diet shall in no case be applied to a prisoner for more than
ninety-six consecutive hours, and shall not be repeated except for a fresh offence nor until after an
interval of one week;
(10) cellular confinement for any period not exceeding fourteen days:

Provided that after each period of cellular confinement an interval of not less duration than
such period must elapse before the prisoner is again sentenced to cellular or solitary confinement:
Explanation.—Cellular confinement means such confinement with or without labour as
entirely secludes a prisoner from communication with, but not from sight of, other prisoners;
4
*******
4
[(11)] penal diet as defined in clause (9) combined with 5[cel1ular] Confinement 6* * *;
4
[(12)] whipping, provided that the number of stripes shall not exceed thirty;

Provided that nothing in this section shall render any female or civil prisoner liable to the
imposition of any form of handcuffs or fetters, or to whipping.
7
[47. Plurality of punishments under section 46.___(1)] Any two of the punishments
enumerated in the last foregoing section may be awarded for any such offence in combination,
subject to the following exceptions, namely :-

(1) formal warning shall not be combined with any other punishment except loss of privileges
under clause (4) of that section;

(2) penal diet shall not be combined with change of labour under clause (2) of that section,
nor shall any additional period of penal diet awarded singly be combined with any period of penal
diet awarded in combination with 8[cellular] confinement;

1
Subs. by A.O., 1937, for “G. G. in C.”.
2
Subs. by the Prisons (Amdt.) Act, 1925 (17 of 1925), s.2 (b), for “six”.
3
Subs. by A. O., 1937, for “L. G.”.
4
Original clause (11) was rep. and clauses (12) and (13) were renumbered (11) and (12), respectively by Act 17 of 1925, s. 2.
5
Subs. ibid., for “solitary” .
6
The words “as defined in clause (11)” rep., ibid.
7
The original section 47 was renumbered as section 47(1) by the Prisons (Amdt.) Act, 1925 (17 of 1925), s. 3.
8
Subs. ibid., s. 2 for “solitary”.

Page 17 of 22
 1
[(3) cel1ular confinement shall not be combined with separate confinement, so as to prolong
the total period of seclusion to which the prisoner shall be liable ;]

(4) whipping shall not be combined with any other form of punishment except cellular 2[and]
separate confinement and loss of privileges admissible under the remission system;
3
[(5) no punishment will be combined with any other punishment in contravention of rules
made by the 4[Provincial Government].]
3
[(2) No punishment shall be awarded for any such offence so as to combine, with the
punishment awarded for any other such offence, two of the punishments which may not be awarded
in combination for any such offence.]

48. Award of punishments under sections 46 and 47.___(1) The Superintendent shall have
power to award any of the punishments enumerated in the two last foregoing sections, subject, in the
case of separate confinement for a period exceeding one month, to the previous confirmation of the
Inspector General.

(2) No officer subordinate to the Superintendent shall have power to award any punishment
whatever.

49. Punishments to be in accordance with foregoing sections. Except by order of a Court

of Justice, no punishment other than the punishments specified in the foregoing sections shall be
inflicted on any prisoner, and no punishment shall be inflicted on any prisoner otherwise than in
accordance with the provisions of those sections.

50. Medical Officer to certify to fitness of prisoner for punishment.___(1) No punishment

of penal diet, either singly or in combination, or of whipping, or of change of labour under section
46, clause (2), shall be executed until the prisoner to whom such punishment has been awarded has
been examined by the Medical Officer, who, if he considers the prisoner fit to undergo the
punishment, shall certify accordingly in the appropriate column of the punishment-book prescribed
in section 12.

(2) If he considers the prisoner unfit to undergo the punishment, he shall in like manner
record his opinion in writing and shall state whether the prisoner is absolutely unfit for punishment
of the kind awarded, or whether he considers any modification necessary.

(3) In the latter case he shall state what extent of punishment he thinks the prisoner can
undergo without injury to his health.

51. Entries in punishment book.___(1) In the punishment-book prescribed in section 12 there

shall be recorded, in respect of every punishment inflicted, the prisoner's name, register number and
the class (whether habitual or not) to which he belongs, the prison-offence of which he was guilty,
the date on which such prison-offence was committed, the number of previous prison- offences
recorded against the prisoner, and the date of his last prison-offence, the punishment awarded, and
the date of infliction.

1
Subs, ibid., s. 3, for the original exception (3).
2
Subs. by the Repealing and Amending Act, 1914 (10 of 1914), s. 2 and Sch. I for “or”.
3
Exception (5) and sub-section (2) were ins. by Act 17 of 1925, s. 3.
4
Subs. by A. O., 1937, for “G.G. in C”.
Page 18 of 22
 (2) In the case of every serious prison-offence, the names of the witnesses proving the
offence shall be recorded, and, in the case of offences for which whipping is awarded, the
Superintendent shall record the substance of the evidence of the witnesses, the defence of the
prisoner, and the finding with the reasons therefore.

(3) Against the entries relating to each punishment the Jailer arid Superintendent shall affix
their initials as evidence of the correctness of the entries,

52. Procedure on committal of heinous offence. If any prisoner is guilty of any offence
against prison discipline which, by reason of his having frequently committed such offences or
otherwise, in the opinion of the Superintendent, is not adequately punishable by the infliction of any
punishment which he has power under this Act to award, the Superintendent may forward such
prisoner to the Court of the District Magistrate or of any Magistrate of the first class 1 * * * having
jurisdiction, together with a statement of the circumstances, and such Magistrate shall thereupon
inquire into and try the charge so brought against the prisoner, and, upon conviction, may sentence
him to imprisonment which may extend to one year, such term to be in addition to any term for
which such prisoner was undergoing imprisonment when he committed such offence, or may
sentence him to any of the punishments enumerated in section 46 :
2
[provided that any such case may be transferred for inquiry and trial by the District
Magistrate to any Magistrate of the first class 3* * *: and]

Provided also that no person shall be punished twice for the same offence.

53. Whipping.___(1) No punishment of whipping shall be inflicted in installments, or except

in the presence of the Superintendent and Medical Officer or Medical Subordinate.

(2) Whipping shall be inflicted with a light ratan not less than half an inch in diameter on the
buttocks, and in case of prisoners under the age of sixteen it shall be inflicted, in the way of school
discipline, with a lighter ratan.

54. Offences by prison subordinates.___ (1) Every Jailer or officer of a prison subordinate to
him who shall be guilty of any violation of duty or wilful breach or neglect of any rule or regulation
or lawful order made by competent authority, or who shall withdraw from the duties of his office
without permission, or without having given previous notice in writing of his intention for the period
of two months, or who shall wilfully overstay any leave granted to him, or who shall engage without
authority in any employment other than his prison-duty, or who shall be guilty of cowardice, shall be
liable, on conviction before a Magistrate, to fine not exceeding two hundred rupees, or to
imprisonment for a period not exceeding three months, or to both.

(2) No person shall under this section be punished twice for the same offence.

CHAPTER XII

MISCELLANEOUS

1
The original words “or Presidency Magistrate” which were ins. by the Prisons (Amdt.) Act, 1910 (13 of1910), s. 2 (1), omitted by A.O., 1949, Sch.
2
Subs. by the Prisons (Arndt.) Act, 1910 (13 of 1910), s. 2 (2), for the original proviso.
3
The words “and by a Chief Presidency Magistrate to any other Presidency Magistrate” omitted by A.O., 1949, Sch.

Page 19 of 22
 55. Extramural custody, control and employment of prisons. A prisoner, when being
taken to or from any prison in which he may be lawfully confined, 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 shall be deemed to be in prison and shall be subject to all
the same incidents as if he were actually in prison.

56. Confinement in irons. Whenever the Superintendent considers it necessary (with

reference either to the state of the prison or the character of the prisoners) for the safe custody of any
prisoners that they should be confined in irons, he may, subject to such rules and instructions as may
be laid down by the Inspector General with the sanction of the 1[Provincial Government], so confine
them.

57. Confinements of prisoners under sentence of transportation in irons.___(1) Prisoners

under sentence of 2[imprisonment for life] may, subject to any rules made under section 2[59], be
confined in fetters for the first three months after admission to prison.

(2) Should the Superintendent consider it necessary, either for the safe custody of the prisoner
himself or for any other reason, that fetters should be retained on any such prisoner for more than
three months, he shall apply to the Inspector General for sanction to their retention for the period for
which he considers their retention necessary, and the Inspector General may sanction such retention
accordingly.

58. Prisoners not to be ironed by Jailer except under necessity. No prisoner shall be put in
irons or under mechanical restraint by the Jailer of his own authority, except in case of urgent
necessity, in which case notice thereof shall be forthwith given to the Superintendent.

59. Power to make rules. 3[The Provincial Government] may make rules-consistent Power
to with this Act—

(1) defining the acts which shall constitute prison-offences;

(2) determining the classification of prison-offences into serious and minor

offences;

(3) fixing the punishments admissible under this Act which shall be awardable for
commission of prison-offences or classes thereof;

(4) declaring the circumstances in which acts constituting both a prison-offence

and an offence under the Pakistan Penal Code mayor may not be dealt with as
a prison offence ;

(5) for the award of marks and the shortening of sentences 4[so, however, that a
sentence of imprisonment for life is not shortened to a period of imprisonment
less than fifteen years];

1
Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for “transportation”.
2
Subs. by A. O., 1937.for “60”.
3
Subs. ibid., for “The G. G. in C. may for any part of British India, and each L.G. with the previous sanction of the G. G. in C. may for the territories
under its administration”.
4
Added by Ord. 12 of 1972, s. 2 and Sch.

Page 20 of 22
 (6) regulating the use of arms against any prisoner or body of prisoners in the case
of an outbreak or attempt to escape;

(7) defining the circumstances and regulating the conditions under which
prisoners in danger of death may be released;
1
[(8) for the classification of prisons, and description and construction of wards,
cells and other places of detention ;

(9) for the regulation by numbers, length or character of sentences, or otherwise,

of the prisoners to be confined in each class of prisons;

(10) for the government of prisons and for the appointment of all officers appointed
under this Act;

(11) as to the food, bedding and clothing of criminal prisoners and of civil
prisoners maintained otherwise than at their own cost;

(12) for the employment, instruction and control of convicts within or without
prisons;

(13) for defining articles the introduction or removal of which into or out of prisons
without due authority is prohibited ;

(14) for classifying and prescribing the forms of labour and regulating the periods
of rest from labour;

(15) for regulating the disposal of the proceeds of employment of prisoners;

(16) for regulating the confinement in fetters of prisoners sentenced to

2
[imprisonment for life] ;

(17) for the classification and the separation of prisoners;

(18) for regulating the confinement of convicted criminal prisoners under section
28;

(19) for the preparation and maintenance of history-tickets;

(20) for the selection and appointment of prisoners as officers of prisons ;

(21) for rewards for good conduct;

(22) for regulating the transfer of prisoners whose term of 3[imprisonment for life
or shorter] imprisonment is about to expire; subject, however, to the consent of
the Provincial Government of any other Province to which a prisoner is to be
transferred;

1
Subs. by A. 0.,1937, for the original clauses (8) and (9).
2
Subs. by Law Reforms Ordinance, 1972, (12 of 1972)s. 2 and Sch., for., “transportation”.
3
Subs. by the Law Reforms Ordinance, 1972, (12 of 1972), s.2 and Sch., for “transportation or”.

Page 21 of 22
 (23) for the treatment, transfer and disposal of criminal lunatics or recovered
criminal lunatics confined in prisons;

(24) For regulating the transmission of appeals and petitions from prisoners and
their communication with their friends;

(25) for the appointment and guidance of visitors of prisons;

(26) for extending any or all of the provisions of this Act and of the rules
thereunder to subsidiary jails or special places of confinement appointed under
section 541 of the 1[Code of Criminal Procedure, 1898 (Act V of 1898), and to
the officers employed, and the prisoners confined, therein;

(27) in regard to the admission, custody, employment, dieting, treatment and

release- of prisoners; and

(28) generally for carrying into effect the purposes of this Act.]
2
60. [Power of Local Government to make rules.] Rep. by A.O., 1937.

61. Exhibition of copies of rules. Copies of rules, under 3[section 59] so far as they affect the
government of prisons, shall be exhibited, both in English and in the Vernacular, in some place to
which all persons employed within a prison have access,

62. Exercise of powers of Superintendent and Medical Officer. All or any of the powers
and duties conferred and imposed by this Act on a Superintendent or Medical Officer may in his
absence be exercised and performed by such other officer as the 4[Provincial Government] may
appoint in this behalf either by name or by his official designation.

________

THE SCHEDULE.—[ENACTMENTS REPEALED.] Rep. by

the Repealing Act, 1938 (I of 1938), s.2 and Sch.

Date: 05-09-2024
1
Subs. by Ord. XXVII of 1981, s. 5, Sch. IV (only to the extent of Islamabad Capital Territory).
2
This section has been incorporated with slight modification in clauses (8) to (27) of s. 59.
3
Subs. by A.O., 1937, for “sections 59 and 60.
4
Subs. ibid., for “L.G.”.

Page 22 of 22