46Punishment of such offences

¹46. Punishment of such offences.--The Superintendent may examine any person to touching any such offence, and determine thereupon, and punish such offence by--

(1) a formal warning :

Explanation.--A formal warning shall mean a warning personally addressed to a prisoner by the Superintendent and recorded in the punishment-book and on the prisoner's history-ticket ;

(2) change of labour to some more irksome or severe form ²[for such period as may be prescribed by rules made by the ³[State Government]] ;

(3) hard labour for a period not exceeding seven days in the case of convicted criminal prisoners not sentenced to rigorous imprisonment ;

(4) such loss of privileges admissible under the remission system for the time being in force as may be prescribed by rules made by the ³[State Government ];

(5) the substitution of gunny or other coarse fabric for clothing of other material, not being woollen, for a period which shall not exceed three months ;

(6) imposition of handcuffs of such pattern and weight, in such manner and for such period, as may be prescribed by rules made by the ³[State Government] ;

(7) imposition of fetters of such pattern and weight, in such manner and for such period, as may be prescribed by rules made by the ³[State Government] ;

(8) separate confinement for any period not exceeding ⁴[three] months ;

Explanation.--Separate confinement means such confinement with or without labour as secludes a prisoner from communication with, but not from sight of, other prisoners, and allows him not less than one hour's exercise per diem and to have his meals in association with one or more other prisoners ;

(9) penal diet,--that is, restriction of diet in such manner and subject to such conditions regarding labour as may be prescribed by the State Government :

Provided that such restriction of diet shall in no case be applied to a prisoner for more than ninety-six consecutive hours, and shall not be repeated except for a fresh offence nor until after an interval of one week ;

(10) cellular confinement for any period not exceeding fourteen days :

Provided that after each period of cellular confinement an interval of not less duration than such period must elapse before the prisoner is again sentenced to cellular or solitary confinement.

Explanation.--Cellular confinement means such confinement with or without labour as entirely secludes a prisoner from communication with, but not from sight of, other prisoners ;

⁵* * * * *

⁶[(11)] penal diet as defined in clause (9) combined with ⁷[cellular] confinement ⁸***;

⁶[(12)] whipping, provided that the number of stripes shall not exceed thirty :

Provided that nothing in this section shall render any female or civil prisoner liable to the imposition of any form of handcuffs or fetters, or to whipping.

STATE AMENDMENT

Assam.

Amendment of section 46 of Act 9 of 1894.--(1) In Section 46 of the Principal Act, clause (12) and the words "or to whipping" appearing in the proviso to the said section shall be omitted and a full stop shall be substituted for the comma appearing after the word "fetter" in the said proviso.

(2) In section 46 of the Principal Act, add the following clauses after clause (11), namely: --

" (12) forfeiture of class, grade, or prison privileges for a period not exceeding three months;

(13) permanent or temporary reduction from a higher to a lower class or grade".

[Vide Assam Act 12 of 1956, s. 2.]

Orissa.

Amendment of section 46 (Act 9 of 1894).--In section 46 of the said Act--

(i) in clause (4) for the words the remission system the words the remission or furlough system shall be substituted;

(ii) clause (5) shall be omitted.

[Vide the Orissa Act 29 of 1958, s. 3].

Orissa.

Amendment of section 46 (Act 9 of 1894).--In section 46 of the Prisons Act, 1894 (9 of 1894), after clause (4) the following new clause shall be inserted, namely:--

(4-a) temporary forfeiture of class, grade or prison-privileges or temporary or permanent reduction from a higher to a lower class or grade.

[Vide the Orissa Act 23 of 1956, s. 2]