THE TRAVANCORE-COCHIN PRISONS ACT, 1950 (ACT XVIII OF 1950) CONTENTS Preamble, Sections CHAPTER 1 Preliminary Short ttle, extent dnd commencement. Continuance of rules and orders issued. Defintions. CHAPTER I Maintenance and Officers of Prison Accommodation for pritoners. Ingpector-General ofthe prison Offcers of prisons. ‘Temporaty accommodation for prisaners. CHAPTER IIL Duties of Officers . Generally 8. Contol and duties of officers of prisons. 9) Officers not to have business dealings with prisoners. 10 Oficers not to be interested in prison contacts. Superintendent U1, Superintendent. 12, Records to be kept by the Superintendent. Medical Officer 13. Dues of Medical Officer. 14 Medical Ofcer 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. sonal20. 24. 2. a 2. 26, 2. 28, 2. 30. 31 32, 33, 34 35. 36. 37, 38. 39, +. [ ‘TRAVANCORE-COCHIN CODE Power of Deputy and Assisfant Jailers. Subordinate Officers Duties of gatekeeper. Subordinate officers nat to be absent without leave, Convict Oftcers CHAPTER IV charge of prisoners Admis Prisoners to be examined on admission. Effects of prisoners. Removal and discharge of prisoners. CHAPTER V Discipline of prisoners » Femoval and ‘Separation of prisoner ‘Association and segregation of prisoners. Solitary confinement. Prisoners under sentence of death. CHAPTER VI Food, clothing, and bedding of civil and ‘uncenvieted eriminal prisoners ‘Maintenance of certain prisoner from private sources. Restietion on transfer of food and clothing between certain prisoners. Supply of clothing and bedding to civil and unconvicted criminal prisoners. CHAPTER VII Employment to prisoners Employment of civil prisoners. Employment of etiminl privoners. Employment of erninalpritones sentence to simple umpizonment. CHAPTER Vill Health of prisoners Sick prisoners Record of directions of Medica! Officers. Hospital. Power of Superintendent to send a prisone to hospital or arylum for ‘Special treatment ° °.00 VOL. I] PRISONS ACT 459 CHAPTER IX Visits to Prisoners Al, Viste to civil and unconvicted criminal prisoners 42. Search ofviitors, , CHAPTER X Offences in relations to prisoners , 43, Penalty for introduction or removal of prohibited articles’ into or from’ prison and communication th prisoners. 44, Powers to arrest for offence under Section 43. 45. Publication of penaltes CHAPTER XI Prison-offences 46, Prusonvoffences , 47. Punishment of such offences. 48. Plurahty of punishments under Section 47. 49, Award of punishment under Sections 47 and 48. 50. Punishment to be in accordance with foregoing Sections. 51, Medical Officer to certify ttfitness of prisoner for punishment. 52. Entries in puntsment book 53, Procedure on committal of heinous offence. 54. Whipping. 55. Offence by prison subordinate, CHAPTER XIL Miscellaneous 56 Exirarural custody, control and employment of prisoners. 57. Confinement in iront 58 Prisoners not to be aroned by Jailer except under necessity. 59. Power to make rules. 60, Exhibition of copies of rules Gl. Exercise of powers of Superintendent and Medicel Oficer Smt° CO QO | THE TRAVANCORE-COCHIN PRISONS ACT, 1950) (Act XVIII of 1950) An Act to provide for the management of prisons WHEREAS it is expedient to regulate the management of prisons in the State of Travancore-Cochin ; It is hereby enacted as follows:— CHAPTER I Preliminary 1. (1) This Act may be called the Travancore-Cochin Prisons Act, 1950. (2) It shall extend to the whole of the State of Travancore- Cochin and it shall come into force on such date as may be notified Cy Government in the Gazette de 2. (1) The Travancore Prisons Act, I of 1071 and the Cochin CPtons Act, VI of 1076 ate hereby repealed. (2) Alltules and appointments made, directions given, and orders issued, which are in force on the day that this Act comes into force, shall, so far as they are consistent with this Act, be « deemed to'have ‘been respectively made, given and issued under this Act. (3) The prisons established under the Travancore Prisons ‘Act of 1071 and the Cochin Prisons Act, VI of 1076, shall be deem- ed to be prisons established under this Act. 3. In this Act— (1) “Prison” means any jail or place used _permanently or temporarily under the general or special orders of 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 who are ex- inthe custody of the police, ©) Published inthe Gazette dated 6th june ALC Foi Statement of Objects and Reasons Both Novesboe 1919. lusivel} 0. Gazette Extraordinary dated the Select Committee see Ganetie EMegordinary, dated 10th 7B Brought no force on 7th November. 1980 by Notifstion No, H-5- 16258/30:CS, dated November 1950 publiched in Gazette dated. 7th November 503 O Shop ely tent and Cnfounce of ‘lodond rdf eed. Dei462 ‘TRAVANCORE-COCHIN CODE (6) any place specially appointed by Government under the Provisions ofthe Code of Criminal Procedure for the time being in force, (e) any place which has been declared by Government by general or special order, to be a subsidiéry jail (2) “Criminal prisoner” means any prisoner duly committed to custody under the writ, warrant, or order of any Court or autho- rity exercising criminal jurisdiction or by order of a Court Martial. (3) “Convicted criminal prisoner” means any criminal soner under sentence of a Court, and includes a person. detained in prison under the provisions of Chapter VIII of the ‘Travancore or Cochin Code of Criminal Procedure. (4) “Civil prisoner” means any prisoner who is not a crimi- nal 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 infor- mation as is required in respect of each prisoner by this Act or the « ules thereunder. (7) “Inspector-General” means the Inspector-General of Prisons. . (8) “Medical subordinate” means an Assistant Surgeon or Sub-Assistant Surgeon. (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 4. Government shall provide, for the prisoners in the State of teder"” Travancore-Cochin accommodation in prisons constructed and regulated in such manner as to comply with the requisitions of this ‘Actin respect of the separation of prisoners. waa? ne THe Dntist Maia of the Disc in which he prio Genji ofthe situate or any other officer appointed Government shall be Le Inspector-General in respect oF that oteon who shall exercise, subject to the orders of Government, the general control and superintendence of that prison, ooVOL. I} «PRISONS ACT 463 6. For every prison, Government shall appoint a Superintendent, ore “ a Medical Officer (who may also be the Superintendent}, a Medical Subordinate, a Jailer. and such other officers as Government thinks necessary. 7. Whenever it appears to the Inspector-General that the num-Tenpfay ber of prisoners in any prison is greater than can conveniently or scone safely be kept therein, and it is not convenient to transfer the excess fons. number to some other 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 office, and in such manner as Government may direct, for the shelter and safe custody in temporary prisons, of so many of ‘the prisoners as cannot be conveniently or Osafely kept in the prison. ao CHAPTER III y DUTIES OF OFFICERS “ Generally 8. Alll officers of a prison shall obey the directions of the Co Superintendent; all oficers subordinate to the Jailer shall perform athe such duties as may be imposed on them by the Jailer with the rm psction.of the Superintendent or be prescribed by rules under tion 59, 9. No officer of a prison shall sell o let, nor shall any person Offa nate in tras for of employed by him sel or let or derive any bene from irgkese telling or letting ony article to any_prisone, or have any money or seo ther business dealings directly or" indirectly with any prisoner. 10. No officer of a prison shall, nor shall any person. in trust opts nae . ° Ofer ‘or employed by him, have any interest, direct or indirect, in any bemfroted contract for the 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 on behalf of the prison or of any article belonging to a prisoner. Superintendent ° II. Subject to the order of the Inspector-General, the Supe Superintendent shall manage the prison in all matters relating t 4" discipline, labour, expenditure, punishment and control. °464 ‘TRAVANCORE-COCHIN CODE ie tote 12. The Superintendent shall keep or cause to be kept, the Selby following records!— tod (1) a register of prisoners admitted, (2) a book showing when each prisoner is to be released, sae? 3 Bunisment ook for, the entry of the punishments inflicted on prisoners for prison offences, (4), visitor's book for the entry of any observations made by the visitors touching any matters connected with the administra- tion 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 made under Section 59 Medical Officer 13, Subject to the control of the Superintendent, the Medical Officer shall have charge of the sanitary administration of the prison, and shall perform such duties as may be prescribed by rules made by Government under Section 59. Meyotomer 14. Whenever the Medical Officer has reason to believe that tesa. the mind of a prisoner is or is likely to be, inyuriously affected by send cess the discipline or treatment to which the prisoner is subjected, the Medical Officer shall report the case in writing to the Sup dent, together with such observation as he may think proper. This report, with the orders of the Superintendent thereon, shall forthwith be sent to the Inspector-General for information. 15. 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:— (I) the day on which the deceased first complained of illness cor was observed to be il, (2) the labour, if any, on which he was engaged on that day, (G) 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, 0°.——— OSubordir VOL 1] PRISONS ACT 465 (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 Oficer to be required. Jailer 16, 1) The Jailer shall reside in the “prison, unless the Jie Inspector-General 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. Upon_the destl of a prisoner, the Jailer shal ge lacy immediate notice”theréot to the Superintendent ‘and the Medical eke: fe) O secort The Jailer shall be resconsible for the safe custody of the Sepafebias « 468 TTRAVANCORE-COCHIN CODE == Sioetine 22. Officers subordinate to the Jailer shall not be absent from TEELE"" the prison without leave from the Superintendent or from the Sidetlene. Jailer. Cenvet 23. Prisoners who have been appointed as officers of prison ‘Gicts. shall be deemed to be. public servants within the meaning of the Penal Code for the time being in force. CHAPTER IV Admission, removal and discharge of prisoners — ante 24, (1) Whenever a prisoner is admitted into prison, he shalt_———O___| deo" be searched, and all weapons and prohibited afticles shall be "taken from him. oo (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: tc be kept by the Jailer, a record of the state of the prisoner's oO health, and of any wounds or marks on his petson, the class of labour he's 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 examina- tion shall be carried out by the Matron or a female warder under the general or special orders of the Medical Oficer. Ehecast 25. All money or other articles in respect whereof no order of pcm 4 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. , fone) Reoalsed 26. (1) All prisoners, previously to being removed to any ductueeel ther prison, shall be examined by the Medical Officer. (2) No prisoner shall be removed from one prison to another unless the 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 Co prison, if labouring under any acute or dangerous illness or distemper, nor until, in the opinion of the Medical Officer, such discharge is safe.be wo VOL. 1] PRISONS ACT 467 CHAPTER V Discipline of prisoners 27. The requisitions of this Act with respect to the separation sea s of prisoners are as follows:— sown (1) ina 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 prisone ina prison where male prisoners under the age of twenty- one are confined, means shall ‘be provided for ‘separating thems altogether from the other prisoners, and for separating those of Oo them who have arrived at the age of puberty from those who have nol! @) unconvicted criminal prisoners shall be kept apart from © © cenvictedeximinal prisoners: and (4) civil prisoners. shall be Kept apart from criminal Prisoners. 28. | Subject to the requirements of the last foregoing Section, pnccaion convicted criminal prisoners may be confined either in association mop or individually in cells, or partly in one way and partly in the other. f° * °°" 29. No cell shall be used for solitary confinement unless it is samuy furnished with the means of enabling the prisoner to communicate confinement at any time with an officer of the prison, and every prisoner 80 confined in a cell for more than twenty-four hours whether asa punishment or otherwise, shall be visited at least once a day by the Medical Officer or Medical Subordinate. . . 30. (I) Every prisoner under sentence of death shall imme- Prensa _ © O ciatelyon his aval in the prison after sentence be searched by or see by order of the Jailer and all articles shall be taken from him which * the Jailer deems it dangerous or inexpedient 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 Oo the charge of a guard, SC—428468 ‘TRAVANCORE-COCHIN CODE CHAPTER VI Food, clothing and bedding of civil and unconvicted criminal prisoners Marotenance 31._ A civil prisoner or an unconyicted criminal prisoner shall SS be permitted to maintain himself. and to. purchase or receive from rezlen private sources, at proper hours, food, clothings bedding or other s necessaries, but subject to examination and to such rules as may be approved by Government. Resvaup 32. No part of any foo, clothing, bedding or other necessaries eegomt,c belonging to any civil or unconvicted criminal prisoner shall be SEES” given, hired oF sold to any other prisoner; and any prisoner trans- Sano gressing the provisions of this Section shall lose the. privilege of vem Durchasing food or receiving it from private sources, for such time as the Superintendent thinks proper. Sere of 33, 11) Every civil prisoner and unconvited criminal prisoner fe{ire ed unable to provide himself with sufficient clothing and bedding shall bedkirg'o che supplied by the Superintendent with such clothing and bedding sed cranial as may be necessary. mee (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 the clothing and bedding so, supplied to the prisoner; and_in Sefault of such payment the prisoner may be released. CHAPTER VII Employment of prisoners Eeaiymen _, 34 (I) Civil prisoners may, with the Superintendent's per- Scie" mission, 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 expense of the prison, shall be subject to a deduction, to be determined by the Superint- endent, for the use of implements and the cost of maintenance. cesinaunt 535 (I), No criminal prisoner sentenced to labour, or employed Girnml on labour at his own desire, shall, except on an emergency with the ‘Swese sanction in writing of the Superintendent, be kept to labour for rmore than eight hours in any one day.VOL. 1 PRISONS ACT 469 (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 prisoner, suffers from employment on any kind or class of Jabour, 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. Provision shall be made by the Superintendent for the Ensley ‘employment (as long as they so desire) of all criminal prisoners o' amma sentenced to simple imprisonment; but no prisoner not sentenced to yes" rigorous imprisonment shall be punished for neglect of work ple imprson- excepting by such alteration in the scale of diet as may be established **"" fe} OY, the rules of the prison in the case of neglect of work by such Ma prisoner. : 2 CHAPTER VIII Health of prisoners 37. (1) The names of prisoners. desiring to see the Medical sat pnssoes 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. ic ge ale shal, without delay, call the attention of the Medical Subordinate to any prisoner desiring to see him, or who is ill, or whose state of mind or body appears to requite attention; and shall carry into effect all written directions given by the Medical * Officer or Medical Subordinate respecting alterations of the disci- © Cline or treatment of any such prisoner. 38, All directions given by the Medical Officer or Medical nec of Subordinate in relation to any prisoner, with the exception of orders gist! for the supply of medicines or directions relating to such matters as Ofc 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 Government may by rule D direct, and the Jailer shal! 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 male, and the date of the entry.Hosp Bove Sopenaenden tend Kooper ae iets 10cm weds ted cima Searchol 410 ‘TRAVANCORE-COCHIN CODE. 39. in every prison, a hospital, or proper place for the reception of sick prisoners shal be provided. 40. The Superintendent may, if in his opinion a prisoner requires special treatment in a hospital outside the prison or in an asylum as defined in the Lunacy Act for the time being in force, send him to such hospital or asylum, subject to the prisoner or any relative or a friend of the prisoner executing such bond and abiding by such other conditions, if any, as Government may, by rule or forder prescribe. Any period during which the prisoner is, under- going treatment in such hospital or asylum or spent by him in going thereto or returning therefrom shall be deemed to be part of the period of his detention in the prison. Explanation.—Nothing contained in this Section shall} be deemed to affect the operation of Section 9 of the Travancore- Cochin Prisoners Act, in cases to which that Section applies. CHAPTER IX Visits to prisoners 41. Due provision shell be made for the admission at proper time and under proper restrictions into every prison of persons with whom civil or unconvicted criminal prisoners may desire to. com- Imunicate, care being taken 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 42, (1) The Jailer may demand the name and address of any visitor toa 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. Inthe case of female visitors, the search shall be made by the matron or a female warder. (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 Government may direct, ooO° VOL. 1} PRISONS ACT am CHAPTER X Offences in relation to Prisons 43, Whoever, contrary to any rule made under Section 59 pet ir introduces or removes or attempts by any means whatever to intro-iedtin duce of remove, into of from any prison, or supplies or attempts to % ste supply to any prisoner outside the limits ofa prison, any prohibited Se article, Sd coon and every officer of a prison, who, contrary to any such rule, avonnih knowingly suffers any such article to be introduced into or remove from any prison, to be possessed by any prisoner, ot 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, © O shall, on conviction before a Magistrate, be liable to. imprisonment Oo oo for a term not exceeding six months, or to fine not exceeding two hundred rupees, or to both. 44, When any person, in the presence of any officer of ® Poses ie prizon, commits any offence specied inthe last foregoing Section, ws and refuses on demand of such officer to state his name and resi- Sf a" dence or gives a name or residence which such officer knows, or has reason to believe, to be false, such officer may arrest such persons and shall without unnecessary delay make him over toa police officer, and, thereupon such police officer shall proceed as if the offence has been committed in his presence. __ 45. The Superintendent shall cause to be affixed, in a con- Pesiaton of gpicuous place outside the prison, notice in English and the Psi femacular setting forth the acts prohibited under Section 43, and the penalties incurred by their commission. CHAPTER XI z Prison-offences 46, The following acts are declared to be prison-offences WheM Pras. committed by a prisoner — fire (1) such wilful disobediencé. to any regulation of the prison as shall have been declared by rules made under Section 59 to be 4 prison-offence,a2 ‘TRAVANCORE.COCHIN CODE (2) any assault or use of criminal force, 3) the use of insulting or threatening language, (4) immoral or indecent or disorderly behaviour, (6) wilfully disabling himself from labour, (6) contumaciously refusing to work, @) filing, cutting, altering, or removing handcufls, fetters or bars without due authority: (8) wilful idleness or negligence at work by any prisoner sentenced to rigorous imprisonment, 19) wilful mismanagement of work by any prisoner sentenced to rigorous imprisonment, (10) wilful damage to prison-property, (11) tampering with or defacing history-ticketss 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, . (13) 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‘offical, and (16) conspiring to escape, or to assist in escaping, or to com- mit any other of the offences aforesaid. 47. 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 person- ally 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 {or such period as may be prescribed by rules made by 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 Government, ooVOL. PRISONS ACT a3 (5) imposition of handcuffs of such pattern and weight, in such manner and for such period, as may be prescribed by rules made by Government, (©) imposition of eters of such patterp and weight in auch manner and for such period, as may be prescribed by rules made by Government, (7) separate confinement for any period not exceeding 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 allow him not less than one hour's exercise per diem and to have his meals in associa- tion with one or more other prisoners. Oe penal diet, that is, restriction of diet in such manner and ° Se) oO subject to such conditions regarding labour as may be prescribed by lovernment : Provided that such restriction of diet shall in no case be applied toa 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, (9) cellular confinement for any period not exceeding four- teen 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 com- munication with, but not from sight of other prisoners. (10) penal diet as defined in clause (8) combined with cellular confinement, (11) whipping, provided that the number of stripes shell not exceed thirty: . Provided that nothing in this Section shall render any female or civil pritoner liable to the imposition of any form of handcuffs or fetters, of to whipping. 48. (I) Any two of the punishments enumerated in. the last foregoing Section may be awarded for any such offence in combi- nation, subject to the following exceptions, namely:— (i) tormal warning shall not be combined with any other punishment except loss of privileges under clause (4)of that Section; sc Pils of ponents oder Seo #a4 “TRAVANCORE-COCHIN CODE Gi) 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 in combination with cellular confinement ; cellular confinement shall not be combined with separate confinement so as to prolong the total period of seclusion to which the prisoner shall be liable (iv) whipping shall not be combined with any other form of punishment except cellular and separate confinement and loss of privileges admissible under the remission system 5 (¥) no punishment shall be combined with any other punish- ‘ment in contravention of rules made by Government. (2) No. punishment shall be awarded for any such offence 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. 49. (I) The Superintendent shall have power to award any of the punishments enumerated in the two last fore-going Sections, subject, in the case of separate confinement for a period exceeding cone month to the previous confirmation of the Inspector-General. (2) No officer subordinate to the Superintendent shall have power to award any punishment whatever. 30. 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. (1) No punishment of penal diets either singly or in ion, or of whipping, or of change of labour under Section 47, clause (2), shall be executed, until the prisoner to whom such punishment has béen awarded has been examined by the Medical Officer, who, if he considers the prisoner fit to underg6 the punishment, shall certify accordingly in the appropriate column of the punishment book prescribed by Section 12, (2) If he considers the prisoner unfit to undergo the punish- ment he shal 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 punish: ment he thinks the prisoner can undergo without injury to his ealth.VOL. 1 PRISONS ACT a5 52. (1) In the punishment book prescribed in Section 12, Enis in there shall be recorded in respect of every punishment inflicted, the p&g"*™*"* 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'infiction. (2) In the case of every serious prison-offence, the name 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 therefor. (3) Against the entries relating to each punishment, the Q Jailer and the Superintendent shall affix their initials as evidence of ithe correctness of the entries. © O 53. Many prisoner is guilty of any offence against prison preetueon discipline, which, by reason of his having frequently committed such tsa offences or otherwise, in the opinion of the Superintendent is not test OD 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 together with a statement of the circumstances, and such Magistrate shall there- tupon 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 47; dene tided that no person shall be punished twice for the etme offences 54. (1) No punishment of whipping shall be inflicted in Whipp. - ° O instalments, ‘or except in the presence of the Superintendent and Medical Oficer 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 the case of prisoners under the age of sixteen, it shall be inflicted in the way of school discipline, with a lighter ratan, ~ 55. (I) Every jailer or officer of a prison subordinate tohim who oq shall be guilty of any violation of duty or wilful breach or neglect of f= any rule or regulation or lawful order made by competent authority tate O° SC 48.6 TRAVANCORE-COCHIN CODE or wh shall withdraw from the duties of is offce without per- mission, or without having given previous notice in writing of his intention for the period of two months, or who shall wilfully over- stay 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 impri- sonment 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 tavmng _ 36: ,A prisoner, when being taken to or from any prison in EXSS"E,. which he may be lawfully confined, or whenever heis working out- ua and = side or is otherwise beyond the limits of any such prison in or under Perel" 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. coniveent _ 57+ (I) Whenever the Superintendent considers it necessary (with Sion" 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 Government, so confine them, (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 tothe Inspector-General for sanction to their retention for the period for which he considers their reten- tion necessary, and the Inspector-General may sanction such reten- tion accordingly. 58. No prisoner shall be put in irons or under mechanical res- i traint 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 3 sou wate 39 Government may make rules consistent with this Act— re ___(1) determining the classification of prison-offences into serious and minor offences. 3. Qprerbed by Pb 10 g 1978 iT yackis or, Fete gerd418 ‘TRAVANCORE-COCHIN CODE (20) for rewards for good conduct, (21) for the treatment, transfer and disposal of criminal lunatics or recovered criminal lunatics confined in prisons, (22) for regulating the transmission of appeals from prisoners and thelr communications with theif (23) for the appointment and guidance of visitors of prisons, (24) for extending any or all of the provisions of this Act and of the rules thereunder to subsidiary jails or special places of con finement appointed under the provisions of the Code of Criminal Procedure for the time being in force and to the officer employed and the prisoners confined therein, and . (25) generally, in regard to the admission, custody, employ- ment, dieting, treatment and release of prisoners, and for other purposes consistent with this Act. Exhinonst 60. Copies of rules under Section 59 so far as they affec: the cone of wiex 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, Excseet | 61. All or any of the powers and duties conferred and imposed greta by this Act on a Superintendent or Medical Officer may,_ in his aiMeical absence, be exercised and performed by such other officer as Gear” Government may appoint in this behalf either by name or by his official designation.VOL. 1 PRISONS ACT an (2) fixing the punishments admissible under this Act, which shall be awardable for commission of prison-offences or classes thereof, (3) declaring the circumstances in which acts constituting both a prison-offence and an offence under the Penal Code for the tine being in foree may or may not be dealt with asa prison offence, (4) for the award of marks and_the shortening of sentences, __ (5) regulating the use of arms against any_ prisoner or body of prisoners in the case of an outbreak or attempt to escape, (6) defining the circuinstances and regulating the condi- ‘ions under which prisoners in danger of death may be released, (7) regulating the transfer from one prison to another of prisoners whose term of imprisonment is about to expire, (8) for the classification of prisoners, and description and Wenstruction 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, guidance, control, punishment, and dismissal of all officers appoint ed under this Act, . (I1).as to the food, bedding and clothing of criminal pri- soners and of civil prisoners maintained otherwise than at their ‘own cost, (12) for the employment, instruction and control of convicts within and 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 lsbour, (15) for regulating the disposal of the proceeds of the em- ployment of prisoners, (16) for the classification and separation of prisoners, (17) for teplating the confinement of convicted criminal prisoners under Section 28, (18) for the preparation and maintenance of history-t ‘kets, (19) for the selection, and appointment of prisoners as officers of prisons,