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DELHI PRISONS ACT 2000
Act No. 02 of 2002
28th January, 2002
An Act to provide for the detention of prisoners committed to prison custody and for their reformation and rehabilitation with a view to ensuring safe detention and minimum standards of treatment of prisoners consistent with the principles of dignity of the individuals and for matters connected therewith or incidental thereto. Be it enacted by the Legislative Assembly of the National Capital Territory of Delhi in the Fifty First Year of the Republic of India as follows:
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(1) This Act may be called the 'Delhi Prisons Act, 2000'.
(2) It extends to the whole of the National Capital Territory of Delhi.
(3) It shall come into force on such date as the Lieutenant Governor of the National Capital Territory of Delhi may, by notification in the Official Gazette, appoint.
(1) In this Act, unless the context otherwise requires;
The Government shall provide in its jurisdiction accommodation in prisons constructed and regulated in such manner as to comply with the requisitions of this Act in respected of the separation of prisoners.
(1) The Government shall, by notification, appoint an Inspector General of Prisons to be in charge of the administration and management of all the prisons, in Delhi, who shall belong to IAS/IPS service.
(2) The Government may also, by notification, appoint as many Additional, Joint, Deputy or Assistant Inspectors General of prisons as it may think fit or necessary to assist the Inspector General of Prisons in exercising the powers and performing the functions of the Inspector General under this Act.
(3) The Government shall provide the necessary administrative staff in the headquarters and the regional offices of the Inspector General.
(1) The Inspector General shall exercise his powers and perform his functions under this Act subject to the general supervision and control of the Government, and the other officers appointed under this Act shall work under the general supervision, control and direction of the Inspector General and shall be responsible to him.
(2) The Inspector General shall be responsible for the allotment of work to the officers appointed under this Act and may delegate any of his functions to such officers.
For every prison there shall be a Superintendent, a Deputy Superintendent, a Medical Officer, a Law Officer, a Welfare Officer, and such other officers as the Government think it necessary.
Whenever it appears to the Inspector General that:
All officers of a prison shall obey the directions of the Superintendent; all officers subordinate to the Deputy Superintendent shall perform such duties as may be imposed on them by the Deputy Superintendent with the sanction of the Superintendent or be prescribed by rules Under Section 71.
(1) No officer of a prison shall sell or let, nor shall any person in trust 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.
(2) No officer of a prison shall accept any gift from a prisoner or a person having any dealings with prison administration.
No officer of a prison nor any person in trust or employed by him, shall have any interest, direct or indirect, in any contract for the supply to the prisons, nor shall be derive any benefit, directly or indirectly, from the sale or purchase of any article on behalf of the person or belonging to a prisoner.
(1) Subject to the orders of the Inspector General, the Superintendent shall manage the prison in all matters relating to discipline, labour, expenditure, punishment and control.
(2) The Superintendent shall reside in the prison premises unless the Inspector General permits him in writing to reside elsewhere.
The Superintendent shall keep or cause to be kept, the following records :--
Subject to the control of the Superintendent, the Medical Officer shall have charge of health and sanitary administration of the prisons. And shall perform such duties as may be prescribed by rules made by the Government under section 71.
(1) Whenever the Medical Officer in charge of a prison has reason to believe that the mind of a prisoner is, or is likely to be injuriously affected by the discipline or treatment to which he is subjected, the Medical Officer shall report the case in writing to the Superintendent, together with such observations as he may think proper. 1[This report, with the orders of the Superintendent thereon, shall forthwith be sent to the Inspector General for information.]
2[(2) The Medical Officer shall not administer any such 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 prisoner-patient is unconscious or in a state in which he is not a fit to receive and respond to such information]
1. Inserted by Delhi Prisons (Amendment) Act, 2003.
2. Substituted by Delhi 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 :--
(2) The report of such death shall forthwith be sent to the Super
The Deputy Superintendent shall reside in the prison, unless the Inspector General Permits him in writing to reside elsewhere.
Upon the death of a prisoner, Deputy Superintendent shall give immediate notice thereof to the Superintendent and the Medical Officer.
The Deputy Superintendent shall be responsible for the safe custody of the records to be kept under section 12 for the commitment warrants and all other documents confided to his care, and for the money and other articles taken from prisoners.
The Deputy Superintendent shall not be absent from the prison for a night without permission in writing from the Superintendent, but, if absent without leave for a night from unavoidable necessity, he shall immediately report the fact and the cause of it to the Superintendent.
An Assistant Superintendent shall, subject to the orders of the Superintendent, be competent to perform any of the duties, and be subject to all the responsibilities of a Deputy Superintendent under this Act or any rule made thereunder.
The officer acting as gatekeeper, or any other officer of the prison, may examine anything carried in or out of the prison, and may stop and search or cause to be searched any person suspected of bringing any prohibited article into or out of the prison, or of carrying out any property belonging to the prison, and, if any such article or property be found, shall give immediately notice thereof to the Deputy Superintendent.
Officers subordinate to Deputy Superintendent shall not be absent from the prison without leave from the Superintendent or from the Deputy Superintendent.
The Superintendent may utilise the service of prisoners, in accordance with the rules, for efficient management of the prison.
(1) Whenever a prisoners is admitted in prison, he shall be searched, and all weapons and prohibited articles shall be taken from him.
(2) Every criminal prisoner shall also, after admission, be examined on the same day under the general or special orders of the Medical Officer, who shall enter or cause to be entered in a book, to kept by the Deputy Superintendent, a record of the state of 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.
(3) In the case of a female prisoner, the search shall be carried out by the matron and the medical examination by the female medical officer.
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 brought to the prison for his use, shall be placed in the custody of the Deputy Superintendent.
(1) All prisoners, before being removed to any other prison, shall be examined by the Medical Officer/Female Officer, as the case may be.
(2) No prisoner shall be removed from one prison to another unless the Medical Officer/Female Medical Officer certifies that the prisoner is free from any illness rendering him unfit for removal.
(3) 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/Female Medical Officer, such discharge is safe.
(4) The Superintendent may seek orders, as soon as possible from the court of Chief Metropolitan Magistrate regarding further detention of a prisoner whose release orders have been received in local cases and against whom a production warrant from an outside court has been received by the Superintendent.
The discipline in the prison shall be maintained by the Superintendent firmly, fairly and in an equitable manner in accordance with the rules.
The requisition of this Act with respect to the separation of prisoners are as follows:--
Subject to the requirements of the last foregoing section, criminal prisoners may be confined either in association or individually in cells or partly in one way and partly in the other.
(1) Every prisoner under sentence of death shall, immediately on his arrival in the prison after sentence, be searched by, or by the order of, the Superintendent and all articles shall be taken from him which the Superintendent deems it dangerous or inexpedient to leave in his possession.
(2) Every such prisoners under a finally executable sentence shall be confined in a cell apart from all other prisoners, and shall be placed by day and by night under the charge of a guard.
A civil prison shall be permitted to maintain himself, and to purchase, or receive from private sources at proper hours and days foods, clothing, bedding or other necessaries, but subject to examination and to such rules as may be approved by the Inspector General.
No part of any food, clothing, bedding or other necessaries belonging to any civil prisoners and any prisoner transgressing the provisions of this section shall lose the privilege or purchasing food or receiving it from private sources, for such time as the Superintendent thinks proper.
Every civil prisoner unable to provide himself with sufficient clothing, bedding and other necessities shall be supplied with such clothing, bedding and other necessities as may be prescribed in the rules.
(1) Civil Prisoners may, with the permission of the Superintendent, and subject to such restrictions as the Superintendent may impose, work and follow any trade or profession available in prison.
(2) Civil prisoners finding their own implements, and not maintained at the expense of the prison, shall be allowed to receive the whole of their earnings, but the earnings of such as are furnished with implements or are maintained at the determined by the Superintendent, for the use of implements and the cost of maintenance.
(1) A criminal prisoner desiring to be employed on labour, may be employed with the permission of the Superintendent subject to such restrictions as may be prescribed in the rules made under this Act.
(2) No criminal prisoner sentenced to labour or employed on labour at his own desire shall, except on an emergency with the sanction in writing of the Superintendent, be kept to labour for more than nine hours in any one day.
(3) The Medical Officer shall from time to examine the labouring prisoners while they are employed, and shall at least once in every fortnight cause to be recorded upon the history ticket of each prisoner employed on labour the weight of such at the time.
(4) When the Medical Officer is of opinion that the health of any prisoner suffers from employment on any kind or class of labour, such prisoner shall not be employed on that labour but shall be placed on such other kind or class of labour as the Medical Officer may consider suited for him
Provision shall be made by the Superintendent for the employment (as long as they so desire) of all criminal prisoners sentenced to simple imprisonment. No such prisoners shall be punished for neglect of work.
(1) The names of prisoners desiring to see the Medical Officer or medical subordinate or appearing out of health in mind or body shall, without delay, be reported by the officer in-charge of such prisoners, to the Deputy Superintendent.
(2) The Deputy Superintendent shall without delay, call the attention of Medical Officer or medical subordinate to any prisoner desiring to see him, or who is ill, or whose state of mind or body appears to require attention, and shall carry into effect all written directions given by the Medical Officer or medical subordinate respecting alternation of the discipline or treatment of any such prisoner.
All directions given by the Medical Officer or medical subordinate in relation to any prisoner, with the expectation 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 Government may be rule direct, and the Deputy Superintendent 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 Deputy Superintendent thinks fits to make, and the date of the entry.
In every prison a hospital/dispensary or proper place for the reception of sick prisoners shall be provided.
Due provision shall be made for the admission, at proper time and days and under proper restrictions, into every prison of person with whom prisoners may desire to communicate, care being taken that so, far as may be consistent with the interest of justice, prisoners may see their duly authorised and qualified legal practioner without the presence of any other person.
(1) The Deputy Superintendent may demand the name and address of any visitor to a prisoner, and when the Deputy Superintendent has any ground for suspicion, may search any visitor, or cause him to be searched, but the search shall not be made in the presence of any prisoner or of another visitor.
(2) In case of any such visitor refusing to permit himself to be searched, the Deputy Superintendent may deny him admission and the grounds of such record as the Government may direct.
(1) A prisoner shall have the facility of writing such number of letters to his relatives and friends as may be prescribed.
(2) A prisoner may be allowed to write any number of Letters at his cost.
(3) The Superintendent shall examine every letter written by a prisoner and may ask the prisoner concerned to delete any portion of the letter which, in his opinion, is likely to endanger the security of the State or prison or contains false information about the affairs of the prison.
(4) The Superintendent shall examine every letter sent to any prisoner from outside and delete any portion thereof which, in his opinion, is likely to endanger the security of the State or prison before it is delivered to the prisoner.
(5) The facility of writing letters is contingent on good conduct and may be withdrawn or postponed by the Superintendent on bad conduct.
Whoever, contrary to any rule under section 71 introduces or removes or attempts by any means whatever to introduce 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 every officer or member of staff of a prison who, contrary to any such rule, knowingly suffers any such article to be introduced into or removed from any prison, to be possessed by any prisoner, or to be supplied to any prisoner outside the limits of a prison, and whoever, contrary to any such rule, communicates or attempts to communicate with any prisoner, and whoever abets any offence made punishable by this section, shall, on conviction before a Magistrate, be liable to imprisonment for a term not exceeding six months, or to fine not exceeding six months, or to fine not exceeding ten thousand rupees, or to both.
When any person, in the presence of any officer of a prison, commits any offence specified in the last foregoing section and refuges on demand of such officer to state his name and residence or gives a name or residence, which such officer knows or has reason to believe, to be false, such officer may arrest him, and shall without unnecessary delay make him over to a police officer, and thereupon such police officer shall proceed as if the offence had been committed in his presence.
The Superintendent shall cause to be affixed, in a conspicuous place outside the prison, a notice in official languages of Delhi setting forth the acts prohibited under section 43 and the penalties incurred by their commission.
The following acts are declared to be prison offences when committed by a prisoner:--
(1) The Superintendent may himself conduct or authorise an officer not below the rank of Deputy Superintendent to conduct an inquiry inside the prison of any person alleged to have committed an offence specified in section 46 and impose any of the following punishments :--
(1) The Superintendent shall have power to award any of the punishments enumerated above; Provided in the case of separate confinement for a period exceeding one month, the previous confirmation of the Inspector General shall be obtained.
(2) No officer subordinate to the Superintendent shall have power to award any punishment, whatsoever.
(3) No punishment shall be imposed without judicial appraisal of Sessions Judge and where such intimation, on account of emergency, is difficult, such information shall be given within two days of the action.
(4) Any incident of serious or repeated misconduct by a prisoner facing trial may be intimated by the Superintendent to the trial court.
Except by order of a Court of Law, no punishment other than the punishments specified in the foregoing sections shall be inflicted on any prisoner otherwise than in accordance with the provisions of those sections.
(1) In the punishment book prescribed in section 12, there shall be recorded, in respect of every punishment inflicted, the prisoner's name, register number and the class (whether habitual or not) to which he belongs, 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, and the date of infliction.
(2) In the case of every serious prison offence, the names of witnesses and substance of their evidence, the defence of the prisoner, and the finding with the reasons therefore, shall be recorded.
(3) Against the entries relating to each punishment, the Deputy Superintendent and Superintendent shall affix their initials and evidence of the correctness of the entries.
(1) 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 forward such prisoner to the Court of the Chief Metropolitan Magistrate or of any Metropolitan Magistrate having jurisdiction, together with a statement of the circumstance and such Magistrate shall thereupon inquire into and try the charge so brought against the prisoner, and upon conviction, may sentence him to imprisonment which may extend to one year, such term to be in addition to any term for which such prisoner was undergoing imprisonment when he committed such offence, or may sentence him to any of the punishments enumerated in section 47: Provided that any such case may be transferred for inquiry and trial by the Chief Metropolitan Magistrate to any Metropo
(1) Every Deputy Superintendent or officer of a prison subordinate to him who shall be guilty of any violation of duty or willful breach, or neglect of any rule or regulation or lawful order made by competent authority, or who shall withdraw from the duties of his office without permission, or who shall willfully overstay any leave granted to him, or who shall engage without authority in any employment other than his prison duty, or who shall be guilty of cowardice, shall be liable, on conviction before a Magistrate, to a fine not exceeding ten thousand rupees, or to imprisonment for a period not exceeding six months or to both.
(2) No person under Sub-section (1) above shall be punished twice for the same offence.
(1) No prisoner shall be awarded any punishment Under section 47 unless he has been informed of the offence alleged against him and given a reasonable opportunity of being heard in his defence;
(2) No prisoner shall be punished twice for the same offence:
(3) Subject to the provisions of Sub-section (1) and (2) above, the Superintendent may follow such procedure, for the holding of inquires, including framing of charges against a prisoner, segregation of prisoners, pending inquiry, medical examination in case of inquiries, conduct of the inquiry and other matters regarding requests for appeal or revision, as may be prescribed;
(4) Where the act of the prisoner is an offence punishable under this Act and under the Indian Penal Code, 1860 (45 of 1860) or any local or special enactments, it shall be in the discretion of the Superintendent to deal with the case himself or send it to the concerned Magistrate. Provided that where the offence committed is a cognizable
(1) Where any prisoner fails without sufficient cause to observe any of the conditions on, or subject to, which his sentence was remitted or suspended, or he was released on parole or furlough, the competent authority may cancel such order granting remission, suspension, or parole or furlough, and--
(2) No court shall take cognizance of an offence punishable under sub-section (1) except with the previous sanction of the Government or the authority which ordered the suspension, remission, parole, or furlough, as the case may be.
(1) The Superintendent shall be responsible to undertake effective measures to ensure safe custody and security of prisoners.
(2) Confinement in iron with the permission of the court: whenever the Superintendent has reason to believe that a prisoner is likely to jump prison or break out of the custody in view of his proneness to violence or his tendency to escape or his being so dangerous or desperate that no other practicable way of preventing his escape is available except by confirming him in orphans, he may so confine him with the permission of the court.
(3) Use of handcuffs and fetters in emergent situation: In emergent situations, it shall be open to the Superintendent to use handcuffs and fetters to secure any prisoners 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
No handcuffs and fetters shall be imposed in respect of:--
(1) For the purpose of receiving grievances from the prisoners and for the redressal of any such grievance, a Grievance Redressal Committee may be appointed for each prison with the following, namely:--
(2) The Grievance Redressal Committee shall meet at least once a month to deal with petitions and representations from prisoners and it shall follow such procedure for the examination of such petitions or representations as may be prescribed.
(3) Any prisoner aggrieved by the decision of the Grievance redressal Committee may appeal to the Deputy Inspector General within thirty days from the date of communication of such decision.
(4) Notwithstanding anything herein before contained, every prisoner shall be afforded full opportunity to make a complaint to the Inspector General or the District and Session
No person employed in the prison shall have any right to form any union or join any such union either inside or outside the prison for any purpose or for making or pressing any demands 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 any 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 imprison and shall be subject to all directions and discipline as if he were actually in prison.
(1) The Government shall cause to be reviewed the cases of under trial prisoners detained in the prison for more than one year or in case when the detention is more than half of the maximum punishment for the offence provide under the law.
(2) The Government shall ensure that no under trial is detained in prison for a period exceeding the maximum period of punishment provided for the offence, or offences as the case may be, for which he has been detained.
(1) For controlling any incident of rioting, any officer of the prison shall use as little force, and do as little injury to a person as may be consistent with restoring order and detaining such person.
(2) Any officer of the prison may use minimum force against army prisoner escaping or attempting to escape, or using violence against any official of the prison or any other person.
The Government shall endeavour to provide free legal aid for the prisoners.
The Government shall endeavour to undertake measures towards the rehabilitation of prisoners.
No person of unsound mind other than a criminal shall be kept in prison.
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 by the Government.
(1) The Government shall provide training to all person officials to refresh them about the responsibilities and rights of prisoners.
(2) The duration and syllabus of such training shall be prescribed by the Government.
Any of the powers conferred by this Act on the State Government may be exercised and performed by such officers as the State Government may designate in this behalf.
All or any of the powers and duties conferred and imposed by this Act on a Superintendent or Medical Officer may, in his absence, be exercised and performed by such other officers as the Government may appoint in this behalf either by name or by his official designation.
No suit, prosecution or other legal proceeding shall lie against the Government or any functionary of the Government 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 thereunder or acting in accordance with the provisions of Sub-section (1) and (20) of section 60.
(1) The Government may make rules generally to carry 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 matters, namely :--
Copies of rules under section 71 so far as they affect the governance of prisoners, shall be exhibited both in English and in official languages of the Delhi in some place to which all persons employed within the prison have access.
(1) The Prisons Act, 1894 (IX of 1894) in its application to Delhi is hereby repealed
(2) Notwithstanding the repeal by this Act of the Prisons Act, 1894 referred to in sub-section (1) above, all rules, regulations orders, directions, notifications relating to the prison administration in Delhi, made under the prisons act, 1894 and in force immediately before the commencement of this Act shall, except where and so far as they are inconsistent with or repugnant to the provisions of this Act, continue in force until altered, amended or repealed by rules made under this Act.
(1) If any difficulty arises in giving effect to any of the provisions of this Act, the Government may, by order published in the Official Gazette, make such provisions or take such measures, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty; Provided that no such order shall be made after the expiry of a period of three years from the date of the commencement of this Act.
(2) The Government may make an order under sub-section (1) to have effect from any date not earlier than the date of the commencement of this Act.
(3) An order made under sub-section (1) shall be laid, as soon as may be after it is made, before the House of the Legislative Assembly of Delhi.
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