1 GOVERNMENT OF THE KHYBER PAKHTUNKHWA HOME AND TRIBAL AFFAIRS DEPARTMENT. NOTIFICATION Peshawar, dated the 14th March 2018. No.SO(P&R)HD/3-3/2018.-In exercise of the powers conferred by section 59 of the Prisons Act, 1894 (IX of 1894) and in supersession of rules issued in this behalf, the Government of the Khyber Pakhtunkhwa is pleased to make the following rules, namely: THE KHYBER PAKHTUNKHWA PRISONS RULES, 2018. Chapter-1 General Provision 1. Short title and commencement.---(1) These rules may be called the Khyber Pakhtunkhwa Prisons Rules, 2018. (2) It shall come into force at once. 2. Definitions.---(1) In these rules, unless otherwise prescribed the following expressions shall have the meaning hereby respectively assigned to them, that is to say- (a) “Act” means the Prisons Act, 1894 (Act IX of 1894); (b) “Additional Inspector General” means Additional Inspector General of Prisons appointed by Government under these rules; (c) “Assistant Superintendent” means Assistant Superintendent of the Prisons and includes Senior Assistant Superintendent or Senior Lady Assistant Superintendent appointed by Government; (d) “Central Prison” means a Central Prison declared as such by Government; (e) “Chief Warder” means Chief Warder either male or female, as the case may be, in respective ward in a Prison; (f) “Code” means the Code of Criminal Procedure, 1898 (V of 1898); 2 (g) “condemned prisoner” means prisoner sentenced to death and his sentence of death confirmed by the Supreme Court of Pakistan; (h) “Court” means Supreme Court, High Court, the Court of District and Sessions Judge, Additional District and Sessions Judge or the Magistrate in a district, as the case may be; (i) “Department” means the Home and Tribal Affairs Department of Government; (j) “Deputy Commissioner” means the Deputy Commissioner of the district concerned; (k) “Deputy Inspector General” means Deputy Inspector General of Prisons appointed by Government; (l) “Deputy Superintendent” means the Deputy Superintendent of a Prison appointed by Government; (m) “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 Special Prison; (n) “Government” means the Government of the Khyber Pakhtunkhwa; (o) “habitual criminal”, means- (i) any person convicted of an offence whose previous conviction or convictions under Chapter XII, XVI, XVII, or XVIII of the Pakistan Penal Code, 1860 (Act No. XLV of 1860) 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; (ii) any person committed to or detained in prison under section 123 read with section 110 of the Code; (iii) any person convicted of an offence punishable under sections 400 or 401 of the Pakistan Penal Code, 1860 (Act XLV of 1860); 3 (iv) 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; (v) for the purpose of this definition the word, “conviction” shall include an order made under section 118 read with section 110 of the Code; (vi) the classification of a convicted prisoner as a habitual criminal be made by the convicting Court, or the Deputy Commissioner as the case may be; (vii) any person classed as a habitual criminal may apply for the revision of the order to the sentencing Court; and (viii) 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, wherever such prison is declared by Government; and (p) “Head Warder” means the Head Warder of Prisons, either male or female, as the case may be, appointed by Government; (q) “High Security prison”, means a special structural building for confinement of very dangerous prisoners; (r) “high security zone”, means portion of any jail within a Prison for confinement of very dangerous and high profile prisoners; (s) “Inspector General”, means Inspector General of Prisons appointed by Government; (t) “Judge” means the District and Sessions Judge or Additional District and Sessions Judge of the district concerned; (u) “juvenile” means a prisoner who at the time of admission into prison or conviction, is under eighteen years of age; (v) “Judicial lockups”, mean a place of confinement of prisoners, the financial and administrative management of which is dealt by the Prison 4 Department while security by the Police Department; (w) “life imprisonment” means sentenced to imprisonment for life as defined in Code; (x) “Magistrate” means the Magistrate, as defined in clause (ma) of sub-section (1) of section 4 of the Code; (y) “mental prisoner” means an undertrail or convicted prisoner with learning disabilities or serious mental health disorder; (z) “Pharmacy Technician” include Senior Pharmacy Technician and Chief Pharmacy Technician and Junior Pharmacy Technician appointed by Government; (aa) “Physiologist” means Psychologist of the Prisons appointed by Government; (ab) “prisoner” includes all categories of prisoners as defined in these rules; (ac) “prisoner under sentence of death” means a prisoner sentenced to death by trial Court and his sentence of death has not yet been confirmed by High Court and Supreme Court of Pakistan, as the case may be; (ad) “Province” means the Province of the Khyber Pakhtunkhwa; (ae) “Medical Officer” means the Medical Officer of the Prison who is the Incharge of the medical administrator of prison except Central Prison; (af) “Secretary” means the Secretary to Government, Home and Tribal Affairs Department. (ag) “Senior Medical Officer” means the Senior Medical Officer of the Prisons, who is the Incharge of the medical administration of the Central Prison; (ah) “sentence “ means a sentence as finally fixed on appeal, revision or otherwise, and includes an aggregate of more sentences than one, and an order of committal to prison in default of furnishing security to keep the peace or be of good behaviour; (ai) “Special Prison” means Special Prison provided for the confinement of a particular class or classes of prisoners, and classed as Special Prison by Government; 5 (aj) “Sub-Prison”, means any prison other than Central Prison or District Prison; (ak) “subordinate officer” means every officer of a prison other than Superintendent; (al) “Superintendent” means Superintendent of a Prisons appointed by Government under these rules; (am) “under sentence prisoner” means a prisoner under sentence of imprisonment of either description; (an) “undertrial prisoner” means a civil or criminal, as the case may be, prisoner who is not a convicted prisoner and his case is under trial; (ao) “Warder” means a Warder either male or female appointed by Government; and (ap) “women prison” means a prison or portion of a prison used for confinement of female prisoners exclusively. (2) Words and expressions which are not defined in these rules, shall have the same meanings as assigned to them in the Act. 3. Definitions prescribed in rules under Prisons Act (Act II of 1984)---[Deleted] 6 Chapter-2 Classification of prisons 4. Types of prisons. ---Prisons shall be classified into Central Prisons, Special Prisons, District Prisons, Sub Jails, Judicial Lockups and High Security Prison. 5. Central Prison.---(1) A Central Prison shall have accommodation ordinarily for more than one thousand (1,000) prisoners irrespective of the length of sentences. There shall be a Central Prison in each Division of the Province. There may be Central Prison, as well as District Prison, subject to judicial lockup in each District, as Government may deem appropriate. (2) Government may, in its discretion, declare any Special Prison or District Prison to be a Central Prison. 6. Special Prisons.---(1) Government may, from time to time, declare any prison to be a Special Prison or establish a Special Prison at any place. (2) Women’s Prisons, open Prisons and Juvenile Training Centres, High Security prison shall be deemed to be Special Prisons under this rule. 7. District Prisons.---There shall be at least one District Prison in every District of the Province have accommodation up to eight hundred (800) prisoners. 8. Sub prison and Judicial Lockup.---(1) Sub prison and Judicial Lockup shall be deemed District prison for administrative purposes. (2) Sub Prison shall accommodate a convicted prisoner sentence upto three years and judicial lockup shall accommodate convicted prisoner sentence upto one year. 9. Central Prison may also be a District Prison.---Government may declare any Central Prison to be for all or any purposes a District Prison. 7 Chapter-3 Admission of Prisoners 10.---[Deleted] 11. Under-trial prisoner when received.---Under-trial prisoners shall not be admitted after the Prison has been locked-up for the night. They shall be received not later than the time mentioned below: From 1st April to 30th September 5 p.m. From 1st October to 31st March 4 p.m. 12. Prisoners received at night to be locked-up in a separate place.---Prisoners received after lock-up shall be confined in separate cells or any other suitable place provided for the night. Barracks shall not be opened for this purpose. 13. Prisoners to be received by an Assistant Superintendent.---(1) The Assistant Superintendent incharge of admission shall receive all prisoners brought to prison for admission during the day. Prisoners who arrive after lock-up or during the night on transfer from other prisons may be received by night duty officer. (2) Newly admitted prisoners shall be kept in quarantine or any other place declared by the Superintendent for not more than five days. 14. No prisoner to be admitted without a proper warrant.---No prisoner shall be admitted into any prison except under warrant or order of commitment issued by a competent Court addressed to the Superintendent.