Chandigarh, February 24: The Punjab government has decidedto amend the Prison Act 1894 to strengthen security across the state’s prisonand curb criminal acts by inmates through more stringent punishment for majoroffences like rioting, escape from prison, and other violations of prisondiscipline and rules.
A Bill to bring in the necessary changes will be introducedin the Budget Session of the Vidhan Sabha, scheduled to begin on March 1.
The decision was taken on Wednesday by the State Cabinet ata meeting chaired by Chief Minister Captain Amarinder Singh. The council ofministers approved a proposal mooted by Jails Department to add new penalprovisions in the said Act to strengthen security arrangements and prevent theuse of mobile phones by the inmates, riots inside the jails, incidents ofassault on the jail staff, damage to the jail property, incidents ofabsconding, possession of drugs inside the jails etc.
Section 52-A(1) has been amended with imprisonment not lessthan 3 years, which may extend up to 7 years or with fine, not exceedingRs.50,000/- or with both for offences against prison discipline. In case of non payment of fine, theimprisonment may be further extended to one year, and on second or subsequentconviction, shall be punished with the imprisonment of either description for aterm which shall not be less than 5 years but which may extend to 10 years andshall also be liable to fine which may extend Rs.5 Lac. The existing provisionprovided for maximum of 1 year imprisonment and fine exceeding rupeestwenty-five thousand or both.
Sub-Section (3) of Section 52-A shall be now omitted as itearlier stipulated that the prisoner shall undergo the sentence awarded undersub-section (1) or under sub-section (2) after the completion of the sentencealready undergoing.
A new Sections 52-B deals deals with punishment for rioting,while Section 52-C with punishment for assault or use of criminal force todeter prison official from discharge of duty, as well as for punishment forassault or criminal force.
Section 52-D for dealing with escape from prison has beeninserted, while Section 52-E has been introduced for mischief causing damage toprison property and Section 52-F for punishment for mischief causing damage toprison property.
Section 52-G deals with punishment for criminal intimidationagainst a prison official in the prison premises and Section 52-H stipulatespunishment for introducing, removing etc. of spirituous liquors, tobacco etchas also been inserted in the amended Act.
Further, Section 52-I has also been inserted for offences tobe cognizable, non-bailable etc. which envisages all offences u/s 52-A, Section52-B, Section 52-C, Section 52-D, Section 52-F, Section 52-G are cognizable andnon-bailable and triable by Magistrate of 1st Class.
Clauses (2) and (16) of Section 45 shall be omitted in theamended Act.
It may be noted that despite various security arrangementsin the jails of the state, there have been cases of use of mobile phones by theinmates in recent times, as well as riots inside the jails, incidents ofassault on jail staff, damage to jail property, fugitive incidents. Incidentsof drug trafficking are also coming to light from time to time, which iscreating difficulties for the jail administration and the law and ordersituation in the state.
The Prisons (Punjab Amendment) Act 2013 made some amendmentsto the Prisons Act, 1894 to prevent wireless communication devices in prisons,vide which a punishment not exceeding one year (bailable) with or without a fineof Rs. 25,000/- was imposed. But it is felt that this provision of punishmentis proving insufficient to prevent such incidents and thus the existingprovisions of the Act are being amended to make these more stringent to deterthe inmates from committing such offences.