Document — The Prisoners (Attendance in Courts) Act, 1955

586 Punjab Prisoners (Attendance in Courts) Rules, 1969, Rule 1 APPENDIX | L] Punjab Prisoners (Attendance in Courts) Rules, 1969 Published Notification n\No. No. G.S.R. 7/CA 32/55/5.9/69.0n The 18th January 1969, v NOTIFICATION No. G.S.R. 7/CA 32/55/S.9/69. - In exercise of the powers conferred by section 9 of the Prisoners (Attendance in Courts) Act, 1955 (Act No. 32 of 1955), the President of India is pleased to make the following rules :- ommencement. - These rules may be called the Punjab Prison- 1. Short title and c 969 and shall come into force with immediate ers (Attendance in Courts) Rules, 1 effect. — & 2. Definitions. - In these rules, unless the context otherwise requises, - (a) ‘*Act” means the Prisoners (Attendance in Courts) Act, 1955; () “Sig.iaﬁ” means the section of the Act; “State Government®’ means the Government of the State of Punjab; /(d) **Superintendent of prison’” means the officer incharge of prison; and () All other words and expressions used in these rules and not defined herein shall have the same meaning as are respectively assigned to them in the Act “or in the Prisoners Act, 1900 (3 of 1900), as the case may be. 3. Procedure for obtaining counter-signatures. [Sections 3 and 9 @@ - Every order submitted to the District Magistrate or the District Judge for counter-sig- tion (3) of section 3 of the Act shall be accompanicd by 2 nature under sub-sec : statement under the hand of the Presiding Officer of the subordinate court of the facts which in his opinion render the order necessary and the District Magistrate or the Dis- trict Judge, as the case may, be, afier considering such statement, countersign the order or decline to counter-sign it. removed is der made the n that person confined in prison is unfit to be 4. How a declaratio to be made. [Sections 6 and 9(2)(b)]. - When the person named in any Or¢ under section 3 appears to be unfit to be removed for reasons given in section 16\/'lag- Superintendent of the Prison in which he is confined shall apply to the District MaE- istoate, within the local limits of whose jurisdiction the prison is situated, and if v Magistrate by writing under his hand, declares himself to be of opinion that the per” son named in the order is unfit to be removed for reasons mentioned in section 5 d‘g Superintendent of the Prison shall abstain from carrying out the order an shall Se’l') to the court from which the order had been issued a statement of reasons for 50 8% staining. 5. How a process is to be served on a prisoner [Section 9(2)(d)]. - When ”g -process directed to any person confined in any prison is issued from any Cnm‘!‘alma[ civil court, it may be served by exhibiting to the Superintendent of Prison the orig! and depositing with him a copy thereof. of the process 6. Process served tobetr: ansmitted at prisoners’ request. [Section 9(2)(@)-~ ) i I Scanned with CamScanner Punjap Prisoners (A ttendance i Courts) Rules, Eve; i . sooﬁss:-g?;lgéerédent of Prison ?gon Wwhom service is made under rule 5 shall be as plained to (e émause acopy of ¢ Process deposited with him to be shown and ex- on the pr ocessp d‘"} to Whom_ tis directed and shal] thereupon make an endorsement fined in the pdzr:m ?ugxg;—cg]mﬁ}fme to the effect that such person as aforesaid is con- contents of the Process, © charge and that he has been shown and explained the 1969, Rule 7 APPENDIX T 587 tificates as aforesaid sha]| pe prima facie evidence of the service of the E&ﬁ%ﬂ?gxiﬁg‘:eget“gp t% whom the process is directed, requests that the copy > 0 hiim be sent to i i shall cause it to be 5o st any other person, the Superintendent of Prison 7. Procedure for regulating the escort of Prisoners to and from courts in which their attendanc_e 1S required and for thejr custody during the period of such at- tendance. [Sections 5 and 9(2)(e)]. - The d f the orting pris: to and fro the court in which their attexsdzx(ngl e e esc Hpesenersto an m € is required shall be performed by the police. 8. Strengt}n of escort [Section 9 (2)()]. - The strength of the escort shall be as fol- lows on ordinary occasions:- Number of prisoners AS. Strenght the Head Constables Constables 1 t0 3 Prisoners 2 4 10 6 Prisoners 3 Tt0 10 Prisoners - 1 4 11 to 15 Prisoners 2 5 16 to 20 Prisoners 2 8 21 to 25 Prisoners 2 10 26 to 30 Prisoners 2 12 31 to 50 Prisoners 1 2 16 Provided that when undertrial prisoners are excused fronuaeating_handcuﬁ'sl the strength of their escort shall be two constables for each undertrial pris- oner with head constables as in the scale abov: ¢ except for journeys made in police vans when the usual strength of escort may suffice:_ i rther that where an escort is required of notorious criminal sus- Pm‘;:z;‘e(ﬁf attempting to escape or commit violence or suicide a special guard (as may be prescribed) shall be supplied. 9. Escort of prisoners during road journey [Section 9(2)(e)]. - In esc orting pris- onérs by road the escort commander shall, (1) keep all prisoners under his charge together in the compact body; (2) place all police under his charge in order at a distance of from the prisoners on each flank and place himself and half the force in the om rear; travel at night unless absolutely necessary and previously authorised; (3) never i ible, to locate prisoners at night in a loc| arches so as, if possible, (4) regulate m; orin the interior of a POIICe station or other play 3 k-llp place of security; and . . . £ e ———— Scanned with CamScanner at least five paces 588 Punjab Prisoners (Attendance in Courts) Rules, 1969, Rule 10 APPENDIX 1 (5) when the Court is situated at some other station, arrangements shall be made by the officer-in-charge of Police Escort for carrying luggage of the prison- ers by a suitable conveyance. 10. Handcuffing of prisoners [Section 9(2)(a)]. - The handcuffing and fettering of convicted prisoners and undertrial prisoners while travelling by rail or road shall be regulated as below :- A - Convicted prisoners - (a) ‘‘Handcuffs”” - Handcuffs shall be imposed on con- victed prisoners when travelling by rail or road as below:- (1) Male prisoners in the superior class, who have been sentenced to more than two years rigorous imprisonment, shall be handcuffed; (2) Other prisoners in the superior class shall not be handcuffed unless the Su- pg:imepdent of Police for special reasons to be recorded in writing, orders otherwise; 3) Male prisoners in the ordinary class shall ordinarily be handcuffed; (4) Female prisoners shall not be handcuffed unless it is essential to prevent es- cape, violence or suicide. Where handcuffs are imposed on such prisoners reasons thereof shall be recorded in writing by the senior police officer at headquarters: " Provided that any general or speéial order issued by the State Government from time to time in regard to the handcuffing of any particular prisoner, or class of prisoners shall be followed: Provided further that it shall be in the discretion of the officer in-charge of the ,ﬂcg Escort to exempt sick or otherwise infirm prisoners from being hand- ed. (b) Fetters. - (1) Convicts in the superior class who have been sentenced to not more than two years rigorous imprisonment shall, when travelling by rail or road, not wear fetters unless the Superintendent of Police for special reasons to be recorded in writing, requires, their imposition. Such prisoners may be allowed to wear their own clothes in transit if they so desire. (2) When travelling by rail or road, other convicts wh i f the of- fences specified below, shall wear fetters:- SRl Oty Offences punishable under sections 224, 225-B, 92t0 402, Indian Penal Code., : 302,303, 304, 307, 308, 3 (3) Female prisoners shall not wear fetters; (4) The Superintendent of Prison in applying for the police escort shall cnter inthe requisition from the name, offence, sentence and classification of any convict whom he does not propose to fetter and who has been allowed to wear private clothes. B - Undertrial Prisoners. - (1) In the case of undertrial pri Sen b the police for attendance in court or before a magisunﬂzlop}“ﬁ.fgfufﬂﬂgg':ﬁ ?1, competent magistrate for any other purpose, the responsibility for deciding 3510 which undertrial prisoners are to be handcuffed or fettered or both, and for seeing the decision is carried out shall rest with police authorities: Provided that undertrial prisonefs charged with o o shall not be handculTed when in transit by il or road ach e e ooty unles there is reasonable ground for apprehending escape, violence or suicide 834 Scanned with CamScanner -_~ - G — P —— L e s e - from those not handcuffed when escorted to and from jail. RN Punjab Prisoners (Attendance i Courts) Rul, ules, 1969, Rule 11 AP, . PEND, where possible, the orders of " » senior police offic the Superintendent i imposing ha.ndcufef;;a tthe headquarters have becy of Police or of any other en taken with the reasons fi : or Provided further that any general or s oner or class of prisoners shall be followed. g of any particular prs- Indian Penal Code - Chapters VA, Vi an ¢ , VIand i except sections 170 and 171, Chapters IX-A a\;g g(s%:}tl?:s 1)5(3-A 10 160, Chapter IX A, 224,225-B and 226, Chapters XIIL XIV, XV scefion 31 30 s St sections 1, 6- 341 to 352, 355 to 358, sections 384 to 38 ters XVIIL, XIX, XX, XXI and XXII, a1195403 Code of Criminal Procedure - : . . 108 are in progress. re - Persons against whom proceedings under section Other Act - All non-cognizable offences. (2) All undertrial prisoners handcuffed shall, as far as possible, be kept separate . (3)Incourt, handcuffs of undertrials shall invariably be taken off unless the presid- ing officer directs otherwise. (4) In the case of undertrial prisoners charged with murder, fetters shall not be im- posed when in transit to courts at the headquarters of the district, unless the prisoner concemed is also charged with some other crime of violence, oris known tobea dan- gerous or hardened criminal. (5) Fetters shall not be imposed on undertrial prisoners in transit, except in the case of those charged with murder or dacoity and unless, there are special reasons for do- ing so, to be recorded in writing by the senior police officer at headquarters./ e al pri it ial to pre- Female undertrial prisoners shall not be handcuffed unless it is essentx Véfl?: escape, violence; ml')suicide. Where handcuffs are imposed reasons therefor shall be recorded in writing by the senior police officer at headquarters. " . ) ; to imati rintendent of Prison to Police for carrying prisoner l.'LntSlmzl"'::(x)ln;()Zy)(se‘)l]‘Tc- (1) A notice of intended production oft' lll)nsgﬁ?; :ﬁﬁ?ﬁ? i o1 s futy with s oue ey Ity c- G Sunqlzfl }rgc::lired to proceed beyond the district. The istri inadvancei | $§llclill§lt:llgxt; :;gfggg‘;rven}tllsx:; i;:::m:v&ar, telephonic message may be sent as advance intimation of the writtcn requisition. - isiti lice guard shall state the number and : violentpand @) The e e female and whether there are any oners to be escorted, whether male or them or not ' mprisonment shall be dangerous characters amongst 1 to transportation OF Jife or long term imprisonment sha Note. - Dacoits and prisoners sentencc £ sub-rule (2)- A 15 for the purpose ©! classified as **Dangerovs PrisoRers i and (@) ¢ rovide escort of Prisqnersﬁégsneaclglnb?'(gég(o?ice, W](lge)l}- 12, Duty of Police {0 P01 or the Act shall be u e or to answer a charge, -(1) The escort of prisoners L' e risoner t0 give evidenc O et ofPriS ey n \ uction O urt by the Sup | b m:h?f rtf?sr rt::el':\s::)g froma competent <0 ] d ) . : i under <t Scanned with CamScanner $90 _ Punjab Prisoners (Attendance in Courts) Rules, 1969, Rule 13 APPENDIXT Such Officer shall (unless such order may be and is disobeyed under the authority of provisions of section 6 of the Act) send a copy of court’s order to the Superintendent of Police in whose jurisdiction such a prison is situated, who thercupon shall cause the necessary police guard to be detailed in accordance with the terms of the order and prisoner shall be made over to the custody of this guard. Such Superintendent of Po- lice shall be responsible for providing the escort hereinafter described and, for safe custody of the prisoner named in such order until he is re-delivered to a prison. When- | ever a prisoner is produced before a court, situated outside the district in which he is confined the officer in-charge of the prisoner shall report the fact of such production to the District Magistrate and the Superintendent of Police of the district, from which | the prisoner is so produced. - ‘ . (2) When undertrial prisoners are excused from wearing handcuffs, the strength of escort shall be two Constables for each undertrial prisoner with Head Constable as in the scale laid down in rule 8 except for journeys made in police vans when the usual | strength of escort may be provided where an escort.is required in case of dangerous | prisoners, a special guard shall be supplied. ¥ Note. - Dangerous Prisoners will mean as defined in the note to rule 11, ‘ 13. Police to be responsible for safe custody of prisoners. [Section 9 (2)(e)f) and (2)]- - From the time of delivery of the prisoners, the responsibility for their safe cus- tody shall rest with the Officer-in-charge of the police escort until their return to the prison and endorsement by the Superintendent of Prisons of a certificate on the list to the effect that the prisoners have returned in security to the prison or have not re- turned owing to good and sufficient cause. The Officer-in-charge of the police escort shall make such additions and alterations as may be necessary in the list before the prisoners are returned to prison. I3 14. Handcuffs not to be removed. [Section 9(2)(e)(f) and (g)]. - Prisoners whom it is necessary to be handcuffed shall be handcuffed before leaving the prison. The handcuffs shall not be removed except when the prisoners are before the court or con- fined in a place of security. y 15. Custody of prisoners during night. [Section 9 (2) (¢) () and (g)]. - Convicted prisoners and undertrial prisoners in the Court of a Magistrate in camp shall be kept 1 at night in the lock-up of a police station if there is any such station within five miles. When they are kept at night clsewhere other than in a lock-up they shall be fastened to each other by chains which should be procured by the Officer-in-charge of the po- lice escort for the prison, before departure. The officer-in-charge of the police escort for the prisoners shall be responsible subject to the orders of the magistrate for their protection from the weather and for their transport and food. 16. Route of Journey. [Section (2) (€) (f) and (g)]. - Prisoners shall be escorted to the courts and back again to the prison by the nearest route, but as far as possible, baz- { ars and crowded thoroughfares shall be avoided. ard for female prisoners. [Section 9 (2) (e) (f) and (g)]- - When produced in courts they shall not be sent along with the ordinary guard shall be provided. 17. Separate gu female prisoners are Hawalat guard; separate - . Conveyance of prisoners by vehicles. [Section 9(2) (e)(f) and (9)]. - (O] i e ;risor’l’cl’s are situated at a distance from courts, prisoners will ordi%)arily be 4—_—_——‘ Scanned with CamScanner e Punjab Prisoners (Attendance i, Courts) Ryl ules, 1969, Rule 19 APPENDIX 1 391 conve; cd to and from courts in ( 30 \ S 1 vernm, uvmlaﬁle, by any other £ ent VchiClCS, ifGovcmmenl vehicles by t mode o o €S D€ Nof onveyance plying for the purpose. 19. Pri H (@)~ All rsonees whoee emed afte disposal of case. - Section 92)(0) and to the prison, shall, as far :sc 3::; ‘s:ve be‘%n disposed of and who havo to bo sent back for others. possible, be sent there without being kept waiting ok A 20. “‘Additional Guard”’ - The Officer-in-charge of the police escort shall apply to the Reserve I iti B ; : ient. nspector for an additional guard, if the guard in attendance is not suf- 21. Diet of prisoners during escort. [(Section 9(2)(e)(f) and - The In: T- General of Prisons shall, from tim; to time, fix the gcz)age)é?diet f<()§)p]risoners rg;g:/%d under these rules, and the officer-in-charge of the escort shall provide prisoners with diet in accordance with such scale. Where the court in which evidence is to be given is situated at the station where the Prison from which the prisoner is removed is situ- ated, the Superintendent of Prisons shall supply the prisoners food ready cooked. When the aforesaid court is situated at a distance, the estimated cost of the prisoners, ration shall be paid to the officer-in-charge of the police escort, by the Superintendent of Prisons. But it shall be in the competency of any court in criminal cases to decline to summon any prisoner if the court is satisfied that his evidence is not necessary in the interest of public justice and if the complainant and or defendant applying for the said prisoner’s examination before the court fails to deposit the estimated cost of con- veying the prisoner to and from the court. These costs shall be calculated on the scale . hereinafter laid down in the cases of civil suits. If on examination of the said prisoner the court is of the opinion that his evidence was not required in the interest of the pub- i At sted costs shall together with a gcniﬁcate to the effect under the lic justice, the deposited co de% to the Superintendent of Police of the district forwar > . hand and seal of the court be f6 ney shall be credited according to the instruction 2 A ) d the mo! r : ig ‘g’:;::g;‘;;;‘:ﬁlﬁ;lgé;?_Geneml of Police with the sanction of the State Govern- ment. Note. - The Ofﬁccr-in-cl_mrge tary charges incurred by h]l1m and i t vouchers. i = 'heIPﬂY“;G.nn The expression «pyblic Justice’” occurring in rule 21 above i ;Z:::: «djctates of justice required in @ particular case’™”. the courts shall require any party to the suit, ny prisoner under the Act to deposit, prior to ons, fficient to defray the estlmaéed cost of con- the issue of the summons, - oner whose testimony is required: : of the prison F " YERE 0 i 7 st shall be demanded from pauper Jtsxdgxpené-d?t:}tlors in Provided thalt '}:)a\f: applicd tobe declared insolvent under Section 6 of the Pro- prison who it payment vouchers in support of the die- ice escort will submi of the police e ement of the charges will be recorded by a certificate of actual disburs 22, Deposits of costs. - In civil suits ing of @ who may apply for the summ«;x;[l::)gun - Scanned with CamScanner 592 Punjab Prisoners (Attendance in Courts) Rules, 1969, Rule 23 APPENDIXI vincial Insolvency Act, 1920, and whose attendance is required by a civil court at its own instance for examination under section 14 of that Act, or when the court is satisfied that the parties to the suit are absolutely unable to pay. Such cost shall be calculated as follows :- (a) Conveyance by rail or road: Actual charges as in rule 21. (b) Diet: 75 Paise per day when escorting in the plains and Re. 1/- when es- corting in the hills tracts. Police Escort Travelling and Daily Allowance according to rules contained in Punjab Civil Services Rules Volume m (T.A. Rules). Pay of Escort Inspector at Rs. 12 per’ day Sub-Inspector at Rs. 8/- per day. Assistant Sub-Inspector at Rs. 6/- per day. Head Constable at Rs. 5/- per day, * Constable at Rs. 3/ per day. The Superintendent of Police and Jail Department will maintain a register to watch ' the realization of the cost of escort, dietary charges and conveyance charges, €tc., from the courts concerned. The money thus deposited shall be paid over by the court to the Superintendent of Police as provided for in rule 21. 23. General. - The above shall, mutatis mutandis, be applicable in the cases of those prisonérs also who are sent for to answer charges made against them, as well as inthe cases of prisoners who are sent for to give evidence in criminal trials. 24. Repeal and saving. - The Punjab Prisoners (Attendance in Court) Rules, 1963, are hereby repealed: Provided that anything done or any action taken under the rul by repealed shall be deemed to have been done or taken unde; thz :‘:):ri:;;d}i,ng%mﬁ' sions of the rules. : Scanned with CamScanner

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