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Pakistan Prisons Rules, 1978] [PAKISTAN PRISONS RULES, 1978] RULES FOR THE SUPERINTENDENCE AND MANAGEMENT OF PRISONS IN PAKISTAN CHAPTER- 1 Definitions Acts Relating to Prisons and Prisoners Rule1. The enactments (as subsequently amended from time to time and adapted by the Government of Pakistan Adaptation of Pakistan Laws Order, 1947) regulating the establishment and management of prisons, the confinement, treatments and transfer of prisoners, the maintenance of discipline amongst them and other matters relating to prisoner, are as follows: (i) The Prisons Act, 1894 (Act IX of 1894); (ii) The Prisoners' Act, 1900 (Act III of 1900) (iii) Regulation III of 1818, for the confinement of State Prisoners; (iv) The Pakistan Penal Code, 1860 (Act XLV of 1860); (v) The Criminal Procedure Code, 1898 (Act V of 1898); (vi) The Civil Procedure Code, 1908 (Act V of 1908) (vii) [Mental Health Ordinance,2001]—Extracts (vii-a) The Punjab Borstal Act, 1926; (viii) The Reformatory Schools Act, 1897; [(ix) The Sindh Children Act 1955, and (x) The Sindh Borstal Schools Act 1955.] Note. Some of the Acts specified are printed entire in the Appendices. In the case of other Acts, such portions as are likely to be of use to prison officials and do not appear in these Rules, will be found in the Appendices. Definitions prescribed in the Prisons Act, 1894. Rule 2. In the Prisons Act— (i) "Prison", means any jail or place used permanently or temporarily, under the general or special orders of the Provincial Government for the detention of prisoners, and includes all lands and buildings appurtenant thereto, but 1 does not include: — (a) any place for the confinement of prisoners who are exclusively in the custody of Police; and (b) any place specially appointed by Government under section 541 of Code of Criminal Procedure, 1898; (ii) "criminal prisoner", means any prisoner duly committed to custody under the writ, warrant or order of any Court or authority exercising original jurisdiction, or by order of a Court Martial; (iii) "Convicted criminal prisoner", means any criminal prisoner under sentence of a Court or Court Martial, and includes a prisoner detained in prison under the provisions of Chapter VIII of the Code of Criminal Procedure, 1898, or under the Prisoners Act, 1900; (iv) "Civil prisoner", means any prisoner who is not a criminal prisoner; (v) "remission system", means the rules for the time being in force regulating the award of remission to and the consequent shortening of sentences of prisoners in prisons; (vi) "history ticket", means the ticket exhibiting such information as is required in respect of each prisoner by Prisons Act or the rules thereunder; (vii) "prohibited article", means an article, the introduction or removal of which into or out of a prison is prohibited by any rule under the Prisons Act;[***] (viii) "medical subordinate", means any Assistant Medical Officer [; and] [(ix) "officer Incharge prosecution" means an officer notified as such by the Government.] Definitions Prescribed in Prison Rules as under Prisons Act (Act II of 1894). Rule3. In these rules, unless a different intention appears from the subject or context, the expression — 2 (i) "Casual prisoner", means any convicted criminal prisoner who is not a "habitual" as hereinafter defined; (ii) "central prison" means any prison in which criminal convicted prisoners are received for the purpose of undergoing their sentences by transfer from any other prison and in which such prisoners are not, when committed to prison, in the first instance ordinarily received; provided that no prison shall be deemed to be a central prison unless and until the Provincial Government shall have declared it to be such; (iii) "compartment" means any room, workshop, godown or other covered-in, enclosed and protected place, in a prison, other than a cell or ward; (iv) "Convict", means a convicted criminal prisoner; (v) "district prison", means any prison to which prisoners from one or more districts are in the first instance, ordinarily committed, and includes every prison other than a central prison or a special prison as defined in this rule; (vi) "Habitual " or "habitual criminal, means— (a) Any person convicted of an offence whose previous conviction or convictions under Chapter XII, XVI. XVII. or XVIII of the Pakistan Penal Code taken by themselves or with the facts of the present case show that he habitually commits an offence or offences punishable under any or all of those chapters; (b) any person committed to or detained in prison under section 123 read with section 110 of the Code of Criminal Procedure; (c) any person convicted of any of the offences specified in (a) above when it appears from the facts of the case, even if no previous conviction ha$ been proved that he is by habit a member of a gang of dacoits, or of thieves or a dealer in slaves or in stolen property; and (d) any person convicted by a Court or tribunal acting outside Pakistan of an offence which would have rendered him liable to be classified as a habitual criminal if he had been convicted in a Court established in Pakistan. Explanation-For the purpose of this definition the word, "conviction" shall include an order made under section 118, read 3 with section 110, of the Criminal Procedure Code. COMMENTS These sections of Cr.P.C. are for Court order to present good conduct surety by habitual persons. Note 1. The classification of a convicted person as a habitual criminal should ordinarily be made by the convicting Court, but if the convicting Court omits to do so, such classification may be made by .the [District Coordination Officer] or in the absence of an order by the convicting Court or [District Coordination Officer] and pending result of a reference to the [District Coordination Officer], by the officer Incharge of the prison where such convicted prisoner is confined; Provided that any person classed as a habitual criminal may apply for the revision of the order. Note 2. The convicting Court or the [District Coordination Officer] may, for reasons to be recorded in writing, direct that any convicted person or any person committed to or detained in prison under section 123, read with section 110 of the Code of Criminal Procedure shall not be classed habitual criminal and may revise such directions. Note 3. Convicting Courts or [District Coordination Officers], as the case may be, may revise their own classifications, and the [District Coordination Officer] may alter any classification of a prisoner made by a convicting Court or any other authority; provided that the alteration is made on the basis of facts which were not before such Court or authority. Note 4. The expression [District Coordination Officer] wherever it occurs in notes 1, 2 and 3 above means the [District Coordination Officer] of the district in which the criminal was convicted, committed or detained. Note 5. Every habitual criminal shall, as far as possible, be confined in a special prison in which no prisoner other than habitual criminal shall be kept: Provided that the Inspector-General of Prisons may transfer to this special prison any prisoner not being a habitual criminal whom for reasons to be recorded in writing, he believes to be of so vicious or depraved a character as to exercise, or likely to exercise, so evil an influence on his fellow prisoners that he ought not to be 4 confined with other casual prisoners, but a prisoner so transferred shall not otherwise be subject to the special rules affecting habitual criminals. (vii) "juvenile", means any prisoner who has not attained the age of eighteen years: COMMENTS A person below eighteen years in age but above 7 years has been defined as a child in light of the United Nations Child Rights Convention (CRC) ratified by Pakistan for the special treatment of children in community based corrective, rehabilitative and resociaization programmes. The Juvenile Justice System Ordinance, 2000 was legislated by the Pakistan Government for uniform adoption by the Capital City Islamabad and all the provinces. The ICT model Juvenile Justice Rules, 2001 are given in the second book followed by Punjab Rules, 2002 in this behalf. (viii) "special prison", means any prison provided for the confinement of a particular class or classes of prisoners, and classed as special prison by Government; ix) "under sentence", means under sentence of imprisonment of either description; (x) "subordinate officer", means and includes every officer of a prison other than the Superintendent and Medical Officer; (xi) "Warder", means a head warder, or a warder for purposes of duty; (xii) "Inspector-General", means Inspector-General, for the time being of prisons in a Province; (xiii) "Government", means the Government of the Province; and words importing masculine gender shall be taken, to include females and the words in singular shall include the plural and vice versa. (xiv) The Government may amend any rule. CHAPTER- 2 Classification of Prisons Four kinds of Prisons, 5 Rule4. Prisons shall be classified into four kinds namely, Central Prisons, Special Prisons, District Prisons and Sub-Jails. Central Prisons. Rule5. (i) Central Prisons shall have accommodation ordinarily for more than 1,000 prisoners irrespective of the length of sentences. There shall be a Central Prison in each division of a Province. (ii) The Provincial Government may, in its discretion, declare any Special Prison or District Prison to be a Central Prison. Special Prisons. Rule6. (i) The Provincial Government may, from time to time, declare any prison to be a Special Prison or establish a Special Prison at any place. (ii) No prison shall be deemed to be a Special Prison, within the meaning of these rules, unless, it has been declared to be so or established as such under clause (i).
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