September 30, 2022

Prison Laws- What is done with a prisoner when he is sent to Prison after conviction?

The prison act, 1894 was enacted to provide the law for the administration of Prisons. Among all provisions, it also makes the provisions for the admission, removal and discharge of the prisoners.

ADMISSION, REMOVAL AND DISCHARGE OF PRISONERS

The process for the admission, removal and discharge is explained hereinafter-

Prisoners to be examined on admission. (Section 24)

  • When a prisoner is admitted into prison, he shall be searched, and all weapons and prohibited articles shall be taken from him.
  • Every criminal prisoner shall also be examined under the general or special orders of the Medical Officer, who shall enter 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.
  • 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.

Medical Officer

Prison act, give responsibility to some officers for the secure and proper administration of Prison. Medical Officer is one the officers among them.

Medical Officer has the charge of the sanitary administration of the prison. He performs duties under the control of Jail superintendent.

Meaning of Criminal Prisoner

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.[1]

Custody of money and other article (Section 25)

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.

Removal and discharge of prisoners. (Section 26)

  • All prisoners, previously to being removed to any other prison, shall be examined by the Medical Officer.
  • 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.
  • No prisoner shall be discharged against his will from prison, if labouring under any acute or dangerous distemper, nor until, in the opinion of the Medical Officer, such discharge is safe.

REFERENCE

The Prison act, 1894


[1] Section 3(2)