The Prisons Act, 1894

(1) This Act may be called the Prisons Act,1894. 1[(2) It extends to the whole of India except 2[the territories which, immediately before the1st November, 1956, were comprised in Part B States].]" (3) It shall come into force on the first day of July, 1894. (4) Nothing in this Act shall apply to civil jails in the 3[State] of Bombay 4[as it existedimmediately before the 1st November, 1956] outside the city of Bombay, and those jails shallcontinue to be administered under the provisions of sections 9 and 16 (both inclusive) of 5BombayAct 2 of 1874, as amended by subsequent enactments.

[Repeal.] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and the Schedule.

In this Act (1) "prison" means any jail or place used permanently or temporarily under the generalor special orders of a State Government for the detention of prisoners, and includes alllands and buildings appurtenant thereto, but does not include (a) any place for the confinement of prisoners who are exclusively in the custody of the police; (b) any place specially appointed by the State Government under section 541 of the 1Code ofCriminal Procedure, 1882 (10 of 1882); or (c) any place which has been declared by the State Government, by general or special order, tobe 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 aCourt-martial ; (3) "convicted criminal prisoner" means any criminal prisoner under sentence of a Court orCourt-martial, and includes a person detained in prison under the provisions of Chapter VIIIof the 1Code of Criminal Procedure, 1882 (10 of 1882), or under the 2Prisoners Act, 1871 (5of 1871) ; (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 jail ; (6) "history-ticket" means the ticket exhibiting such information as is required in respect of eachprisoner by this Act or the rules thereunder ; (7) "Inspector General" means the Inspector General of Prisons ; (8) "Medical Subordinate" means an Assistant Surgeon, Apothecary or qualified HospitalAssistant; and (9) "prohibited article" means an article the introduction or removal of which into or out of a prisonis prohibited by any rule under this Act. STATE AMENDMENT Orissa.-- Amendment of section 3, (9 of 1894).--In section 3 of the Prisons Act, 1894(9 of 1894)(hereinafter referred to as the said Act), for clause (5) the following clauses shall be substituted,namely:-- "(5) "remission system" means the system of regulating the award of marks to, and theconsequent shortening the sentences of prisoners in jail in accordance with the rules for the timebeing in force; (5a) "furlough system" means the system of releasing prisoners in jail on furlough inaccordance with the rules for the time being in force." [Vide the Orissa Act 29 of 1958, s. 2] Maharashtra.-- Amendment of section 3 of Act IX of 1894.--In section 3 of the Prisons Act, 1894 (IX of 1894), hereinafter to as the said Act, for clause (5), the following clauses shall be substituted, namely:-- "(5) 'remission system' means the system of regulation the award of marks to, and the consequent shortening of sentence of, prisoners in jail in accordance with the rules for the time being in force; (5A) 'furlough system' means the system of releasing prisoners in jail in furlough in accordance with the rules for the time being in force." [Vide Bombay Act XXVII of 1953, s. 2] Maharashtra.-- Amendment of section 3 of Act IX of 1894.--In the Prisons Act, 1894 (hereinafter referred to as "the Principal Act"), in section 3, clause (8) shall be deleted. [Vide Bombay Act XLV of 1959, s. 2]

The State Government shall provide, for the prisoners inthe territories under such Government, accommodation in prisons constructed and regulated insuch manner as to comply with the requisitions of this Act in respect of the separation ofprisoners.

An Inspector General shall be appointed for the territories subject toeach State Government, and shall exercise, subject to the orders of the State Government, thegeneral control and superintendence of all prisons situated in the territories under suchGovernment.