Section 38 of The Prisons Act, 1894 in hindi
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 State 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. STATE AMENDMENT Maharashtra.-- Amendment of section 38 of Act IX of 1894.--In section 38 of the principal Act,--
- (1)the words "or Medical Subordinate" shall be deleted;
- (2)in the marginal note, for the word "Officers" the word "Officer" shall be substituted. [Vide Bombay Act XLV of 1959, s. 9]
Summary
- All directions given by the Medical Officer or Medical Subordinate regarding a prisoner must be recorded day by day in the prisoner's history-ticket or other record directed by the State Government.
- Directions for the supply of medicines and matters carried out by the Medical Officer himself or under his direct supervision are excepted from this daily recording requirement.
- The Jailer is responsible for making an entry in the record stating whether each direction has been complied with or not.
- The Jailer's entry must include any observations the Jailer wants to make, as well as the specific date of the entry.
Practical examples
FAQ
1. What medical directions are excluded from being entered in the prisoner's history-ticket?
Orders for the supply of medicines, and directions for matters carried out by the Medical Officer himself or under his superintendence, are excluded.
2. Who is responsible for recording whether a medical direction was actually followed?
The Jailer is responsible for entering whether each direction was complied with or not.
3. Where must these medical directions be recorded day by day?
They must be entered in the prisoner's history-ticket, or in another record as directed by rules of the State Government.
4. What details must the Jailer's compliance entry contain?
It must state whether the direction was complied with, any observations by the Jailer, and the date of the entry.
Test yourself
1.Under Section 38 of The Prisons Act, 1894, which of the following medical instructions must be recorded day by day in a prisoner's history-ticket?
2.Under Section 38 of The Prisons Act, 1894, what specific detail must the Jailer include in the entry regarding a medical direction?
3.How do Section 37 and Section 38 of The Prisons Act, 1894, work together regarding the treatment of sick prisoners?
4.Under Section 38 of The Prisons Act, 1894, if the State Government has not made any special rules prescribing an alternative record, where must the medical directions and compliance notes be recorded?