THE PRISONS ACT, 1894

(ACT NO. IX OF 1894).
  [22nd March, 1894]
 
   
     
     1 An Act to amend the law relating to Prisons
 
    WHEREAS it is expedient to amend the Law relating to prisons in Bangladesh, and to provide rules for the regulation of such prisons; It is hereby enacted as follows:-
   
 
  CHAPTER I

PRELIMINARY
 
  Title, extent and commencement  
1. (1) This Act may be called the Prisons Act, 1894.

(2) It extends to the whole of Bangladesh.

(3) It shall come into force on the first day of July, 1894.

2[ * * *]
 
 
 
  [Repealed]  
2. [Repealed by section 2 and Schedule of the Repealing Act, 1938 (Act No. I of 1938).]
 
 
 
  Definitions  
3. In this Act:-

(1) "prison" means any jail or place used permanently or temporarily under the general or special orders of Government for the detention of prisoners, and includes all lands and buildings appurtenant thereto, but does not include

(a) any place for the confinement of prisoners who are exclusively in the custody of the police;

(b) any place specially appointed by the Government under section 541 of the 3[ Code of Criminal Procedure, 1898]; or

(c) any place which has been declared by the Government, by general or special order, to be a subsidiary jail:

(2) "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:

(3) "convicted criminal prisoner" means any criminal prisoner under sentence of a Court or Court-martial, and includes a person detained in prison under the provisions of Chapter VIII of the 4[ Code of Criminal Procedure, 1898], or under the 5[ Prisoners Act, 1900]:

(4) "civil prisoner" means any prisoner who is not a criminal prisoner:

(5) "remission system" means the rules for the time being in force regulating the award of marks to, and the consequent shortening of sentences of, prisoners in jails:

(6) "history-ticket" means the ticket exhibiting such information as is required in respect of each prisoner by this Act or the rules thereunder:

(7) "Inspector General" means the Inspector General of Prisons:

(8) "Medical Subordinate" means an Assistant Surgeon, Apothecary or qualified Hospital Assistant: and

(9) "prohibited article" means an article the introduction or removal of which into or out of a prison is prohibited by any rule under this Act.
 
  CHAPTER II

MAINTENANCE AND OFFICERS OF PRISONS
 
  Accommodation for prisoners  
4. The Government shall provide, for the prisoners in the territories under such Government, accommodation in prisons constructed and regulated in such manner as to comply with the requisitions of this Act in respect of the separation of prisoners.
 
 
 
  Inspector General  
5. An Inspector General shall be appointed for the territories of 6[ Bangladesh, who] shall exercise, 7[ * * *], the general control and superintendence of all prisons situated in the territories under 8[ the] Government.
 
 
 
  Officers of prisons  
6. For every prison there shall be a Superintendent, a Medical Officer (who may also be the Superintendent), a Medical Subordinate, a Jailer and such other officers as the Government thinks necessary:
 
 
 
  Temporary accommodation for prisoners  
7. Whenever it appears to the Inspector General that the number of prisoners in any prison is greater than can conveniently or safely be kept therein, and it is not convenient to transfer the excess number to some other prison,

or whenever from the outbreak of epidemic disease within any prison, or for any other reason, it is desirable to provide for the temporary shelter and safe custody of any prisoners,

provision shall be made, by such officer and in such manner as the Government may direct, for the shelter and safe custody in temporary prisons of so many of the prisoners as cannot be conveniently or safely kept in the prison.
 
  CHAPTER III

DUTIES OF OFFICERS
 
Generally
 
  Control and duties of officers of prisons  
8. All officers of a prison shall obey the directions of the Superintendent; all officers subordinate to the Jailer shall perform such duties as may be imposed on them by the Jailer with the sanction of the Superintendent or be prescribed by rules under section 59.
 
 
 
  Officers not to have business dealings with prisoners  
9. 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.
 
 
 
  Officers not to be interested in prison-contracts  
10. 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 the prison: nor shall he derive any benefit, directly or indirectly, from the sale or purchase of any article on behalf of the prison or belonging to a prisoner.
 
 
 
Superintendent
 
  Superintendent