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Section 59 – The Prison Act,1894

The Prison Act,1894

Section 59. Power to make rules

1[The State Government may] make rules consistent with this Act–

(1) Defining the acts which shall constitute prison-offences ;

(2) Determining the classification of Superintendent into serious and minor offences ;

(3)In fixing the punishments admissible under this Act which shall be awardable for commission of Superintendent or classes thereof ;

(4) Declaring the circumstances in which acts constituting both a Superintendent and an offence under the Indian Penal Code (45 of 1860.) may or may not be dealt with as a prison offence ;

(5) For the award of marks and the shortening of sentences ;

(6) Regulating the use of arms against any prisoner or body of prisoners in the case of an outbreak or attempt to escape ;

(7) Defining the circumstances and regulating the conditions under which prisoners in danger of death may be released ;

2[(8) For the classification of prisons, and description and construction of wards, cells and other places of detention

(9) For the regulation by numbers, length or character of sentences or otherwise, of the prisoners to be confine in each class of prisons ;

(10) For the government of prisons and for the appointment of all office appointed under this Act ;

(11) As to the food, bedding and clothing of criminal prisoners and of civil prisoners maintained otherwise than at their own cost ;

(12) For the employment, instruction and control of convicts within or without prisons ;

(13) For defining articles the introduction or removal of which into or out of prisons without due authority is prohibited ;

(14) For classifying and prescribing the forms of labour and regulating the periods of rest from labour ;

(15) For regulating the disposal of the proceeds of the employment of prisoners ;

(16) For regulating the confinement in fetters of prisoners sentenced to transportation ;

(17) For the classification and the separation of prisoners ;

(18) For regulating the confinement of convicted criminal prisoners under section38 ;

(19) For the preparation and maintenance of history-tickets ;

(20) For the selection and appointment of prisoners as officers of prisons.

(21) For rewards for good conduct ;

(22) For regulating the transfer of prisoners whose term of transportation or imprisonment is about to expire subject, however, to the consent of the State Government of any other State of which a prisoner is to be transferred ;

(23) For the treatment, transfer and disposal of criminal lunatics or recovered criminal lunatics confined in prisons ;

(24) For regulating the transmission of appeal sand petitions from prisoners and their communications with their friends ;

(25) For the appointment and guidance of visitors of prisons ;

(26) For extending any or all of the proviso of this Act and of the rules thereunder to subsidiary jails or special places of confinement appointed under section 541 of the 3Code of Criminal Procedure,1882 (10 of 1882.) and to the officers employed, and the prisoners confined therein ;

(27) In regard to the admission, custody, employment, dieting, treatment and release of prisoners ;and

(28) Generally for carrying into effect the purposes of this Act.]



1. Subs. by the A.O.1937 for “The C. may for any part of British India, and each L.G. with the previous sanction of the C. may for the territories under its administration “.

2. Subs. ibid., for the original cls.(8) and (9).

3. See now the Code of Criminal Procedure,1898 (5 of 1898).

4. This section has
been incorporated with slight modifications in cls.(8) to (27) of s.59.

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The Prison Act,1894

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