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( 1272 )
Regd. No. NW/CH-22
Regd. No. CHD/0092/2018-2020
EXTRAORDINARY
Published by Authority
CHANDIGARH, FRIDAY, MARCH 5, 2021
(PHALGUNA 14, 1942 SAKA)
PUNJAB VIDHAN SABHA SECRETARIAT
NOTIFICATION
The 5th March, 2021
No. 8-PLA-2021/10.- The Prisons (Punjab Amendment) Bill, 2021 is
hereby published for general information under the proviso to rule 121 of the
Rules of Procedure and Conduct of Business in the Punjab Vidhan Sabha
(Punjab Legislative Assembly):-
BILL No. 8-PLA- 2021
THE PRISONS (PUNJAB AMENDMENT) BILL, 2021
A
BILL
further to amend the Prisons Act, 1894, in its application to the
State of Punjab.
BE it enacted by the Legislature of the State of Punjab in the
Seventy-second Year of the Republic of India, as follows:-
1.
(1)
This Act may be called the Prisons (Punjab Amendment) Act, 2021.
(2)
It shall come into force on and with effect from the date of its
publication in the Official Gazette.
Short title and
Commencement.
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2.
In the Prisons Act, 1894 (hereinafter referred to as the principal
Act), in its application to the State of Punjab, in section 3,-
(i)
in clause (8), the word "and" shall be omitted; and
(ii)
in clause (9), for the sign ".", the sign and word "; and" shall be
substituted and after clause (9), the following clause shall be added,
namely:-
"(10) "wireless communication device" includes mobile phone, wi-fi
for personal computer and tablet PC, computer, laptop, palmtop
and their use for communication like verbal, non-verbal,
internet, General Packet Radio Service (GPRS), e-mail, Short
Message Service (SMS), Multimedia Message Service
(MMS) or any such device, which is available for similar
purpose.".
3.
In the principal Act, in section 45,-
(i)
in clause (3), the words "or threatening" shall be omitted;
(ii)
in clause (12), for the words "any prohibited article", the words,
figures and sign "any prohibited article, other than those mentioned
in section 52-H" shall be substituted; and
(iii)
clauses (2), (10) and (16) shall be omitted.
4.
In the principal Act, for section 52-A, the following shall be
substituted, namely:-
"52-A.
(1)
Notwithstanding anything contained in this Act, if
any prisoner is found guilty of possessing, operating or
using a wireless communication device or its components
like sim card, memory card, battery or charger or
any other component of such a device, or if the prisoner
or any other person assists or abets or instigates in the supply thereof, he
shall be punished on first conviction with imprisonment of either description
for a term which shall not be less than three years but which may extend
to five years, and shall also be liable to fine, and be punished on second or
subsequent conviction, with imprisonment of either description for a term
which shall not be less than five years, but which may extend to seven
years, and shall also be liable to fine.
Amendment in
section 3 of
Central Act 9 of
1894.
Amendment in
section 45 of
Central Act 9 of
1894.
Substitution of
section 52-A of
Central Act 9 of
1894.
Prohibition of
possession of
wireless
communication
device.
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(2)
If the prisoner is found using the wireless communication
device for attempting, abetting, conspiring or committing an offence inside
or outside the prison premises and as a consequence thereof an offence
is committed, he shall be liable for punishment as provided in the Indian
Penal Code (Central Act 45 of 1860) for the offence so committed.
52-B. Whoever is found guilty of rioting inside the prison premises,
shall be punished with imprisonment of either
description for a term which may extend to five years,
and shall also be liable to fine.
52-C. (1) Whoever is found guilty of assault or use of criminal force on
any prison official or any authorized visitor in execution
of his duty, shall be punished with imprisonment of either
description for a term which may extend to three years,
and with fine.
(2)
Whoever is found guilty of assault or use of criminal force on
any person inside the prison premises, shall be punished with imprisonment
of either description for a term which may extend to one year, and with
fine.
52-D. Whoever is found guilty of escaping or attempting to escape or
aiding or assisting any prisoner in escaping from
lawful custody in the prison premises, or harbouring
any such prisoner who has escaped from lawful custody
in the prison premises, or offering or attempting to offer any resistance
to the recapture of such prisoner while escaping, shall be punished with
imprisonment of either description for a term which may extend to seven
years, and with fine.
52-E. Whoever with an intent to cause, or knowing that he is likely
to cause wrongful loss or damage to any prison
property, or cause the destruction of any prison
property, or any such change in any prison property, or
Punishment
for rioting.
Punishment for
assault or
criminal force to
deter prison
official or
authorized
visitor from
discharge of
duty.
Punishment for
escaping from a
prison.
Mischief
causing damage
to prison
property.
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Punishment for
mischief
causing damage
to prison
property.
in the situation thereof as destroys or diminishes its value or utility, or
affects it injuriously, commits mischief causing damage to prison property.
52-F. Whoever commits mischief causing damage to prison property,
shall be punished with imprisonment of either
description for a term which may extend to five years,
and with fine.
52-G. Whoever commits the offence of criminal intimidation on a
prison official or any authorized visitor in the prison
premises, shall be punished with imprisonment of either
description for a term which may extend to three years
and with fine;
If threat be to cause death or grievous hurt, etc. -
and if the threat be to cause death or grievous hurt, or to cause the
destruction of any property by fire, or to cause an offence punishable
with death or imprisonment for life, or with imprisonment for a term
which may extend to seven years, shall be punished with imprisonment
of either description for a term which may extend to ten years, and with
fine.
52-H.
Whoever is found guilty of introducing into the prison, or
removing from any prison, or supplying to any prisoner
outside the limits of any prison while such prisoner
is in lawful custody, or receiving or possessing or
transferring,-
(a)
spirituous liquors of any description; or
(b)
tobacco and all its preparations which are, or may be intended
to be used for the purpose of smoking, chewing or snuffing;
or
(c)
poisonous intoxicating, or sedative substance, whether in the
form of herbs or chemicals, and whether fluid or solid of
whatever description, shall be punished on first conviction
with imprisonment of either description for a term which may
extend to three years, and shall also be liable to fine, and be
Punishment for
criminal
intimidation on a
prison official or
authorized visitor
in the prison
premises.
Punishment for
introducing,
removing etc. of
spirituous
liquors, tobacco
etc.
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punished on a second or subsequent conviction, with
imprisonment of either description for a term which may be
extended upto five years, and shall also be liable to fine.
52-I. (1) All offences under sections 52-A to 52-D and sections 52-F
to 52-H shall be cognizable and non-bailable.
(2)
The sentence awarded under section 52-A or section 52-B or section
52-C or section 52-D or section 52-F or section 52-G or section 52-H, shall
commence at the expiration of imprisonment to which he has been previously
sentenced under any offence.".
Offences to be
cognizable, non-
bailable etc.
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STATEMENT OF OBJECTS AND REASONS
In order to strengthen the security arrangements in the jails of the
State of Punjab and to prevent the use of mobile phones by the inmates, riots
inside the jails, incidents of assault on the jail staff, damage to the jail property,
incidents of absconding, possession of drugs inside the jails etc there is need to
add new penal provisions in The Prisons Act, 1894.
To make this possible, a Bill namely 'The Prisons (Punjab Amendment)
Bill, 2021' is being presented before Punjab Vidhan Sabha for its approval.
SUKHJINDER SINGH RANDHAWA,
Jails Minister, Punjab
_________________
CHANDIGARH:
SHASHI LAKHANPAL MISHRA,
THE 5TH MARCH, 2021
SECRETARY.
2243/03-2021/Pb. Govt. Press, S.A.S. Nagar