THE KERALA PRISONS AND CORRECTIONAL SERVICES (MANAGEMENT) ACT, 2010
An Act to provide for the safe custody, correction, reformation, welfare and rehabilitation of prisoners and management of prisons and correctional services in the State and for matters connected therewith or incidental thereto.
Preamble—WHEREAS, it is expedient to
(1) This Act may be called the Kerala Prisons and Correctional Services (Management) Act, 2010.
(2) It extends to the whole of the State of Kerala.
In this Act, unless the context otherwise requires,-
(i) "Act" means the Kerala Prisons and Correctional Services (Management) Act, 2010;
(ii) "ado
(1) The Government shall, appoint a Director General of Prisons and Correctional Services for the administration, management and correctional services of all the prisons in the State of Kerala.
(1) The Director General of Prisons and Correctional Services shall exercise or perform his powers and functions in accordance with the Act and the rules made there under. (2) In particular, and without prejudice to the above, the Director General shall exercise or perform the following powers and func (1) The State shall be divided into such number of zones as may be necessary for the purposes of administration and management of Prisons and Correctional Services. (2) Each zone shall be under the administrative control and supervision of a Deputy Inspector General of Prisons and Correctional Services (1) In every Prison there shall be a Superintendent, a Medical Officer, a Welfare Officer and such other officers and ministerial staffs, as may be prescribed, for the functioning of the prison. (2) The Superintendent, Joint Superintendent, Medical Officer, Welfare Officer and other officers shall exer (1) The Government shall provide accommodation in prisons, constructed and regulated in such manner so as to comply with the requirements of this Act. (2) Subject to the provisions of any law or rules for the time being in force and conditions which m (I) The Government may, by notification, establish various categories of prisons for the purposes of the Act and rules made thereunder (2) The pattern of construction of prison, £round space, air space and ventilation in respect of cells, sleeping barracks, bathing places, kitchen, work sheds, hos Whenever the Director General is satisfied that,— (a) the number of prisoners in any prison is greater than that can conveniently or safely be kept therein and it is not convenient to transfer he excess number to some other prison ; or Where on the report of a Superintendent the Director General is satisfied that,— (a) in a prison such emergency situation has arisen where the security of the prison is in danger, or (1) There shall be a State Institute of Correctional Administration, for imparting basic training and conducting refresher and re-orientation courses to officers and warder staff in the prison. (2) The State Institute of Correctional Administration shall be headed by an officer not below the rank of C (i) to keep in safe custody of a prisoner committed to it under any writ, warrant or an order of any court or other competent authority ; (ii) to give correctional treatment to the prisoners in custody so as to efface from their mind the evil influence of anti-social ways of life and to rehabilitate t Subject to the provisions of any law for the time being in force and conditions which may be prescribed, every officer of a prison shall,— (i) treat every prisoner impartially and with humanity ; No officer of a prison shall sell or let, nor shall any person in trust for or employed by him sell or let or derive any benefit from selling or letting any article to any prisoner or have any money or other business dealings, directly or indirectly, with any prisoner or his near relatives and close friends. No officer of a prison shall accept any gift from a prisoner or his relatives or from persons having any dealings with prisoner or prison administration. No officer of a prison shall, nor shall any person in trust for or employed by him, have any interest, direct or indirect, in any 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 for or of prison or of any article belonging to a prisoner.S.5 Structure of Zonal Headquarters
S.6 Superintendent and other Officers of prisons
S.7 Accommodation for prisoners
S.8 Categories of prisons
S.9 Temporary accommodation for prisoners
S.12 Functions of a Prison.-The functions of prison shall be
S.13 Duties of officers in general
S.15 Officers not to accept gifts
S.16 Officers not to be interested in prison contracts
Any officer who commits offence under sections 14,15 and 16 of this Act, shall be liable to punishment including removal from service subject to such rules, as may be prescribed.
(1) The general administrative control and management of prisons shall be vested with the Superintendent and the officers and staff shall exercise or perform such powers and functions, as may be prescribed.
(2) All officers and staff' of the prison subordinate to the Superintendent shall obey the dire
Subject to the provisions of the Act and the Rules and the lawful orders and directions of the Director General or other superior officers in the respective zone, the Superintendent of a prison shall, manage the prison in all matters including admission of prisoners, allowing visitors inside the prison, security of the prison, labour correctional programmes, expenditure, discipline, punishment and control and release of prisoners with the aid of his subo
The Superintendent shall reside in the prison unless the Director General permits him, in writing, to reside elsewhere.
The Superintendent shall keep, or cause to be kept, the following records:—
(i) a register of prisoners admitted;
(ii) a book showing when each pr
(1) The Superintendent may utilize the services of prisoners in accordance with the rules for the day-to-day administration and management of the prison.
(2) Prisoners, who are appointed as officers of prisons as per rules prescribed, shall be deemed to be public servants within the meaning of the Ind
Subject to the general control of the Superintendent, the Medical Officer shall be in charge of health, hygiene and the medical and sanitary administration of the prisoners in prison and he shall perform such duties as may be prescribed.
(1) Whenever a Medical Board constituted by the Government by notification in the Gazette for this purpose, considers that any prisoner is seriously ill and that his illness has not been caused or aggravated by the prisoner himself and that his illness, whether Caused by imprisonment or not. will be so aggravated by further imprisonment as to render his early death certain and that the prisoner will have a fair chance of recovery if released, it shall re
Medical Officer shall not administer any medicine to any prisoner without informing him of what is being administered to him:
Provided that the Medical Officer may administer any such medicine to any prisoner without informing him of what is being administered, in emergent situations, where the prison
(1) On the death of any prisoner, the Medical Officer-in-charge shall forthwith record in a register the following particulars, so far as they can be ascertained, namely:—
(a) the day on which the deceased first complained of illness or injury or was observed to be ill or injured;
Officers subordinate to the Superintendent shall not be absent from the prison without leave from the Superintendent or an officer authorised in this behalf by the Superintendent.
(1) The Superintendent and other officers shall be responsible for maintaining discipline in the prison and of prisoners and staff in accordance with the provisions of this Act and Rules made thereunder.
(2) There shall be a committee consisting of Superintendents, Joint Superintendent (Discipline) or
The Superintendent assisted by his subordinate officers shall maintain discipline in the prison in accordance with the provisions of the Act and Rules made thereunder.
(1) No person shall be admitted into a prison for detention unless a warrant, writ or order authorising his detention signed by a competent authority and duly sealed, is produced before the officer who, for the time being, remains in charge of the prison.
(2) Every person received in a prison for dete
(1) All prisoners shall, before being removed from one prison to another, be examined by the Medical Officer.
(2) No prisoner shall be removed from a prison to another prison unless the Medical Officer certifies that the prisoner is medically fit for such removal.
The Superintendent may seek orders from the Chief Judicial Magistrate of the District regarding further detention of a criminal prisoner who has been ordered to be released by a Court, but against whoma production warrant from another court has been received by the Superintendent and remains to be executed. The Superintendent shall act as per the orders of the Chief Judicial Magistrate in the matter.
(I) A civil prisoner shall be permitted to maintain himself and to obtain from private sources his requirement of clothing and other necessities, subject to examination and to such rules as may be prescribed. The subsistence allowance to be paid by the decree older to the Prison Department for the detention of a Civil prisoner or a civil debtor may be enhanced periodically and suitably.
(1) Under trial prisoners and detenues shall be permitted to bring along with them or obtain from private sources their requirement of clothing and other necessities, subject to rules.
(2) No part of any clothing and other necessities belonging to any under trial prisoner or detenue shall be given, hi
(1) Criminal prisoners shall be supplied such food, clothing, bedding and other necessities by the Superintendent, as may be prescribed.
(2) No money shall be demanded from criminal prisoners for any food bedding and other necessities provided to them in the prisons.
Subject to the provisions of any law for the time being in force and conditions as may be prescribed, all prisoners shall have the right,—
(a) to live with human dignity;
It shall be the duty of every prisoner to obey orders and instructions of any prison officer, to abide by the provisions of this Act and the Rules made thereunder and also to comply with such other duties, as may be prescribed.
All Prisoners as classified below shall be categorised by a Committee consisting of the Superintendent, Joint Superintendent, Welfare Officer and Medical Officer, namely::—
(a) Civil prisoners
(1) Prisoners classified into different categories under section 38 shall be imprisoned separately. (2)The prisoners referred to in clauses (a) to (k) of section 38 shall further be classified into male prisoners, and female prisoners and kept separated in separate buildings in such a manner as t Subject to the requirements of section 38, convicted prisoners may be confined either in association or individually in cells or partly in one way or partly in the other.S.40 Association and segregation of prisoners
No cell shall be used for solitary confinement unless it is furnished with the means of enabling the prisoner to communicate at any time with an officer of the prison, and every prisoner so confined in a cell for more than twenty four hours whether as a punishment or otherwise, visited at least once a day by the Medical Officer or Medical Subordinate.
(1) Every prisoner sentenced to death shall, immediately on his arrival in prison sentence be searched meticulously and all articles shall be taken from him which the Superintendent or an officer authorised in this behalf by the Superintendent deems it dangerous or inexpedient to leave in his possession.
The Superintendent of the Prison shall be responsible to undertake effective measures to ensure safe custody and security of prisoners.
Whenever the Superintendent has reason to believe that a prisoner is likely to jump out of prison or break out of the custody in view of his proneness to violence or his tendency to escape of his being so dangerous or desperate that no other practicable way of preventing his escape is available except by confining him in iron bars, he may so confine him with the permission of the court.
In emergent situations, it shall be open to the Superintendent to use handcuffs and fetters to secure any prisoner, for reasons to be recorded in writing, and under intimation to the District and Sessions Judge within twenty four hours of using such handcuffs or fetters.
(1) Dangerous and Security prisoners shall be accommodated in special cells in Central Prisons or high security prisons.
(2) The Superintendent shall take special care and caution, for ensuring safe custody of dangerous prisoners and security prisone
Subject to the provisions of the Act and the rules relating to the security of prison and prisoners, the Superintendent shall provide to every prisoner, facilities for interviews and communication with relatives and legal practitioners and for writing letters, in such manner and at such intervals, at may be prescribed.
(1) The Superintendent or the authorised officer shall record the name and address of all visitors to a prisoner in a register kept for the purpose at the entrance of the prison and cause a thorough search to be conducted on the visitor for the purpose of ensuring security to the prison and the prisoners. If any prohibited article is found in the possession of the visitor, the Superintendent or the authorised officer shall initiate such action as may be
(1) Subject to the provisions of the Act and the rules made there under relating to the security of prison and prisoners, foreign prisoners may be permitted to use internet facilities at their own cost for legal assistance and also to contact their Embassies in India in such manner and upon such conditions, as
(1) The Government shall, by notification, specify a panel of such official and non official visitors for each prison and the period during which the panel shall visit the prison and the periodicity of such visit shall be as specified in the notification.
(2) The visitors shall exercise such powers an
For carrying out orders of convictions by various Courts on prisoners sentenced to rigorous imprisonment, all the prisons where such convicted prisoners are accommodated, shall have facilities for providing labour to the prisoners. Such prisons shall have appropriate infrastructure for giving meaningful work to such prisoners. The prisoners shall be given such vocational training, as may be prescribed, for enabling them to find employment or getting self
(1) Criminal prisoners sentenced to rigorous imprisonment shall be provided with facilities of appropriate labour preferably based on their aptitude.
(2) No criminal prisoner sentenced to labour or employed on labour at his own desire shall, except on an emergency and with the sanction in writing of t
The Superintendent shall make provision for providing such employment as may be prescribed to all criminal prisoners sentenced to simple imprisonment, if they express their willingness to engage in such employment.
The Superintendent shall make provision for providing such employment, as may be prescribed, to all remanded prisoners and under trial prisoners as long as they so desire.
(1) Civil prisoners may, with the permission of the Superintendent and subject to such restrictions as the Superintendent may impose, be provided with work, if they desire so.
(2) Civil prisoners not maintained at the expense of the prison shall be allowed to receive the whole of their earnings. Earni
The rate of wages payable to skilled, semiskilled and unskilled prisoners put to different types of labour in different categories of prisons shall be such, as may be prescribed The Government shall also prescribe the manner and quantum of utilisation of wages earned by prisoners.
(1) The Medical officer of a prison shall provide treatment to sick prisoners and attend to all matters connected with mental and physical health of prisoners. The criteria for ensuring general hygiene and sanitation of the prison and personal hygiene of prisoners shall be such as may be prescribed.
(1)) The officer in-charge of the prisoners shall, without any delay, report the names of prisoners desiring to have medical assistance to the Superintendent. (2) The Superintendent shall, without delay, call the attention of the Medical Officer or Medical subordinate to any prisoner desiring to see h All directions given by the Medical Officer or Medical subordinate in relation to any prisoner, with the exception of orders for supply of medicines or direction relating to such matters as are carried into effect by the medical officer himself or under his superintendence, shall be entered everyday in the prisoner's history-ticket or in such other record as the State Government may direct and the Superintendent shall make or cause to be made an entry in There shall be a prison hospital in every Central Prison or Open Prison, administered by Medical Officers and para-medical staff for admission and treatment of sick prisoners. The hospital shall have inpatient facility and facility for clinical tests.S.59 Record of directions of Medical Officer
S.60 Prison hospital
When the Superintendent, on the advice of the medical officer, is of opinion that a prisoner requires special treatment at a Government hospital outside the prison or in a mental health centre, he may send him to such Government hospital or mental health centre as may be referred to by the Medical Officer.
There shall be adequate facilities for imparting education to deserving prisoners in all such prisons as may be described. Facilities shall also be provided for education of prisoners with the objective of their ultimate rehabilitation in society. The main objectives of education in the prisons shall be,—
There shall be a school in every Central Prison and in such other prisons as may be prescribed by Government for providing education to the inmates up to primary level. Classes for higher levels may also be arranged depending on requirements.
In every Women's Prison, there shall be a nursery school and creche facility for the children of convicted female prisoners who live in the prison along with their children aged up to six years.
There shall be a library in every Central prison, Open prisons and Women's prisons to cater the intellectual needs of the inmates, and to facilitate their reformation.
Religious and moral instructions shall be provided to prisoners through reliable and reputed personalities from all religions for providing religious and moral inputs to the inmates. The institutions and personalities approved in this behalf by the Director General shall be permitted to render religious and moral instructions to prisoners. The services of reliable voluntary agencies and Non-Governmental Organisations may be availed for organizing religio
(1) The Government and the Director General shall undertake measures, formulate and implement programmes for the reformation of the prisoners.
(2) The Director General shall arrange suitable pre-release programmes in such prisons as the Government may direct for the benefit of those prisoners who are
The Superintendent shall, with the assistance of subordinate officers, organise regular recreational and sports activities for the benefit of the inmates in such prisons.
(1) The Government shall, provide assistance to the prisoners before their release from prison, for their financial and social rehabilitation.
(2) The criteria for such assistance, manner of payment and matters connected therewith shall be such, as may be prescribed.
(1) The Government may, by notification, frame a Scheme to be called the "Kerala Prisoners' Welfare Fund Scheme" for the establishment of a Fund under this Act for the welfare of the prisoners in the State and there shall be established, as soon as may be after the framing of the Scheme, a Fund called the Kerala Prisoners' Welfare Fund, in accordance with the provisions of this Act and the Scheme framed thereunder.
(1) The Government may, by notification, add to, amend or vary the scheme framed under this Act, either prospectivelyor retrospectively.
(2) Every notification issued under sub-sections (1) of section 70 and 71 shall be laid, as soon as may be after it is issued, before the Legislative Assembly while
(1) Remission may be granted to convicted prisoners as may be prescribed in the rules. There shall be a Remission Committee consisting of the Superintendent and such other officers as may be prescribed to oversee the calculation and computation of remission to convicted prisoners in the Central Prison, Open Prison and Women's Prison.
The State Government may, subject to such conditions as may be prescribed, release on parole for such period as it may deem necessary, any convicted prisoner in case of any serious illness or death of any member of the prisoner's family or of any of his nearest relatives or for any other sufficient cause.
(I) On the expiry of the period for which a prisoner was released on parole under section 73, he shall surrender himself to the officer ,in-charge of the prison from which he was released.
(2) If a prisoner fails to surrender himself as required by sub-section (1), he may be arrested by any Police Off
(1) Any prisoner who fails to surrender himself, as required by sub-section (1) of section 74, shall be liable to be punished with imprisonment of either description for a term which may extend to two years or with fine or with both.
(2) The imprisonment under sub-section (1) shall be in addition to t
Whenever any prisoner fails without sufficient cause to observe any of the conditions on which he was released on parole, the Government or the competent authority, as the case may be, may cancel such order granting parole.
(1) Well behaved, long term convicted prisoners may be prematurely released with the objective of their reformation and rehabilitation, by the Government, either suo motu or on the recommendations of an Advisory Committee as may be prescribed.
(2) The Advisory Committee constituted as per sub-section
(1) Leave may be granted to well behaved, eligible, convicted prisoners with the objective of their better rehabilitation and re-socialisation as an incentive for good behaviour and responsiveness to correctional treatment in such manner and subject to such conditions as may be prescribed.
(2) All kin
The prisoners who are not eligible for the required kind of leave may be granted permission to visit relatives etc., under escort under such circumstances as may be prescribed in the rules for a maximum period of twenty four hours excluding journey time. In circumstances in which the prisoner has to halt at night en-route, at a place where there is a jail he shall be confined therein and where there is no jail, he shall be kept in the nearest Police lock
(1) For the purpose of receiving complaints or representation from the prisoners a Grievance Redressal Committee shall be constituted in such manner as may be prescribed at the prisons as may be specified by order of the Government.
(2) The Grievance Redressal Committee shall meet once in three months
The following acts are declared to be prison offences when committed by a prisoner, namely:—
(1) wilful disobedience to any rule or regulation of the prison declared as such by rules made under the Act to be a prison offence; or
(1) The Superintendent may, either by himself or through an officer authorised in this behalf by him, conduct an inquiry into any allegations of commission of any prison offence -specified in section 81 and impose any of the following punishments, namely (a) a formal warning, which shall be personally addressed to the prisoner by the Superintendent and recorded in the punishment book;
(1) No prisoner shall be awarded any punishment for offences defined in section 81 unless he has been informed of the offence alleged against him and given a reasonable opportunity of being heard in his defence.
(2) Subject to the provisions of sub-section (1), the Superintendent or an officer authori
If any prisoner is guilty of any offence against prison discipline which, by reason of his having frequently committed such offences or otherwise in the opinion of the Superintendent, is not adequately punishable by the infliction of any punishment, which he has power under this Act to award, the Superintendent may send a report against such prisoner, together with a statement of circumstances, to the Chief Judicial Magistrate or any Judicial Magistrate
(1) In the punishment book mentioned under section 21, there shall be recorded, in respect of every punishment inflicted, the prisoner's name, register number and the class to which he belongs, namely, whether habitual or not, 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, a
(l) Whoever, in contravention of any provisions of the Act, brings or removes or attempts by any means whatever to bring or remove, into or from any prison, or supplies or attempts to supply to any prisoner outside the limits of a prison, any prohibited article, and any officer or member of staff of a prison who, contrary to any rule, knowingly suffers any such article to be brought into or removed from any prison, to be possessed by any prisoner, or to Section 86 of the Kerala Prisons and Correctional Services (Management) Act, 2010, addresses offences related to misconduct or illegal activities within prison premises, specifically focusing on possession and use of prohibited articles, such as mobile phones, by prisoners or staff. It aims to maintain discipline, security, and order within correctional facilities by prescribing penalties for violations. Section 86 delineates the offences committed by prisoners or prison staff regarding the possession, use, or trafficking of prohibited articles. It stipulates that possession or use of such articles without authorization constitutes an offence, and prescribes the punishment or disciplinary action to be taken against offenders. The section applies to:- Prisoners who possess or use prohibited articles- Prison officials or staff involved in facilitating such possession or use- Any activity that undermines prison discipline and security- It encompasses acts committed within prison premises and during detention While the section itself does not specify detailed punishments, it is linked to the general penal provisions under the Act and related rules. Penalties may include:- Disciplinary measures such as imprisonment within the prison- Removal or suspension from service for officials- Fines or other penalties as prescribed by prison rules- Criminal prosecution for offences involving illegal possession or trafficking Note: The references are drawn from the provided sources, primarily focusing on the detailed case analysis and judicial interpretations related to Section 86.Legal Commentary on Section 86 of THE KERALA PRISONS AND CORRECTIONAL SERVICES (MANAGEMENT) ACT, 2010
Introduction
What does Section 86 Say
Essential Ingredients
Scope of Section 86
Punishment for Section 86
Legal Comments
When any person, commits any offence specified in section 86, any officer of the prison may arrest him, and shall without delay, make him over, with a report, to the Station House Officer who is having jurisdiction over the area and thereupon such police officer shall proceed as if the offence had been committed in his presence :
The Kerala Prisons and Correctional Services (Management) Act, 2010, aims to provide a comprehensive framework for the management of prisons and correctional services in Kerala. Section 87 specifically addresses the powers of prison officers in relation to offenses committed under Section 86 of the Act. Section 87 empowers any officer of the prison to arrest a person who commits an offense specified in Section 86. The officer is required to make an immediate report upon the arrest. The scope of Section 87 is limited to offenses committed within the prison context as specified in Section 86. It emphasizes the immediate action required by prison officers to maintain order and security. While Section 87 itself does not prescribe specific punishments, it relates to offenses under Section 86, which may carry their own penalties as defined in the Act.Legal Commentary on Section 87 of THE KERALA PRISONS AND CORRECTIONAL SERVICES (MANAGEMENT) ACT, 2010
Introduction
What does Section 87 Say
Essential Ingredients
Scope of Section
Punishment for Section
Legal Comments
The Superintendent shall cause to be affixed, in a conspicuous place outside the prison, a notice in Malayalam and English setting forth the acts prohibited under section 81 and the punishments to be imposed for such offences.
No person employed in the prison shall have any right to strike or start or continue any agitation inside the prison for achieving any request or demand.
A prisoner, when being taken to or from a prison in which he may be lawfully confined, or whenever he is working outside or is otherwise beyond the limits of any such prison in or under the lawful custody or control of a prison officer belonging to such prison, shall be deemed to be in such prison and shall be subject to all the prison rules and discipline as if he were actually in that prison.
(1) The Government shall cause to be reviewed the cases of under trial prisoners detained in the prison for more than one year and also the cases where the period of detention undergone is more than half of the maximum punishment for the offence provided under the law by a Committee in every district consisting of the following members, namely:—
(1) For controlling any incident of rioting in a prison, any officer of the prison may use the minimum force required, and do as little injury to a prisoner or prisoners or other persons as may be required for restoring order. (2) Any officer of the prison may use minimum force against any prisoner es The State shall provide free legal aid as may be prescribed to the prisoners.S.93 Legal aid
No person entitled to protective custody shall be kept in the prison.
The accounts of every prison shall be maintained and audited in such manner as may be prescribed.
The powers conferred by this Act on the Government may be exercised and performed by such officers as the Government may delegate in this behalf.
No suit, prosecution or other legal proceeding shall lie against the Government or against any functionary of the Prisons and Correctional Services in respect of anything which is done or intended to be done in good faith in pursuance of this Act or the rules made or orders or directions issued there under.
(1) If any difficulty arises in giving effect to any of the provisions of this Act, the State Government may, by order published in Official Gazette, make such provisions or take such measures, not inconsistent with the provisions of this Act, as may appear to it, to be necessary or expedient for removing the difficulty :
(1) The Government may, by notification, make rules consistent with this Act, either prospectively or retrospectively, for carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly make any modification in the rule or decides that the rule should not be made, the rules Copies of Rules so far as they affect the governance of prisoners, shall be exhibited in Malayalam and English in a place to which all prisoners within the prison have access.S.100 Rules to be laid before State Legislature
S.101 Exhibition of copies of Rules
(1) The Prisons Act, 1894 (Central Act IX of 1894) shall cease to be in force in the Malabar district referred to in subsection (2) of section 5 of the State Reorganization Act, 1956 (Central Act 37 of 1956) and Travancore-Cochin Prison Act, 1950 (XVIII) of 1950) is hereby repealed, with effect from the commencement of this Act.
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