PRELIMINARYCentral
Section 3 of The Prisons Act, 1894
Definitions.
In this Act
- (1)"prison" means any jail or place used permanently or temporarily under the general or special orders of a State 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 exclusively in the custody of the police;
- (b)any place specially appointed by the State Government under section 541 of the 1Code of Criminal Procedure, 1882 (10 of 1882); or
- (c)any place which has been declared by the State 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 1Code of Criminal Procedure, 1882 (10 of 1882), or under the 2Prisoners Act, 1871 (5 of 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 each prisoner 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 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. 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 the consequent shortening the sentences 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 on furlough in accordance 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]
Summary
- A prison is any place used permanently or temporarily under State Government orders for detaining prisoners, including adjacent lands and buildings.
- Police custody cells, subsidiary jails, and places appointed under section 541 of the Code of Criminal Procedure, 1882 are not considered prisons under this Act.
- A criminal prisoner is someone held under a criminal court warrant or court-martial order, while a convicted criminal prisoner is one who is actually under sentence.
- A civil prisoner is defined as any prisoner who is not a criminal prisoner.
- The remission system refers to rules that shorten sentences based on earned marks, and a history-ticket is a record showing mandatory prisoner details.
- A prohibited article is any item whose entry or removal is banned by prison rules, and a Medical Subordinate is an Assistant Surgeon, Apothecary, or qualified Hospital Assistant.
Practical examples
1In April 1998, a police officer locks up a suspect named Amit in a local police station cell for 24 hours. Because Amit is exclusively in police custody, this cell is not a prison under Section 3 of the Act, and prison guards do not run it.
2A court sentences a person named Rohan to a three-year jail term for theft in 2005. Since Rohan is under sentence by a criminal court, he is classified as a convicted criminal prisoner under Section 3, making him subject to the prison's remission system.
FAQ
1. Does the definition of a prison include the open fields or buildings right next to the cells?
Yes, Section 3 states that a prison includes all lands and buildings appurtenant (belonging or adjacent) to it.
2. Who qualifies as a civil prisoner under this Act?
Any prisoner who does not fit the definition of a criminal prisoner is classified as a civil prisoner.
3. What exactly is a history-ticket?
It is a ticket or record for each prisoner that displays all the information required by this Act or its rules.
Test yourself
1.Under Section 3 of The Prisons Act, 1894, which of the following places is legally defined as a prison?
2.Under Section 3 of The Prisons Act, 1894, what is the crucial difference between a criminal prisoner and a convicted criminal prisoner?
3.Under Section 3 of The Prisons Act, 1894, how is a civil prisoner defined?
4.Under Section 3 of The Prisons Act, 1894, what does the term Medical Subordinate mean?